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October 8, 2009

County dealing with absent election commissioner

By LOHR McKINSTRY

ELIZABETHTOWN — An absent election commissioner has county officials worried during the busiest time of year for the Essex County Board of Elections.

County Republican Election Commission Lewis Sanders of Ticonderoga hasn’t been to work since July, and the County Board of Supervisors went into a 40-minute executive session this week to discuss his status.

“One commissioner (Sanders) has been out for some time,” Supervisor Thomas Scozzafava (R-Moriah) said. “There are a lot of rumors out there. I’d like to know some facts as to what’s going on.”

County Attorney Daniel Manning III didn’t want the issue discussed in open session, and he said an executive session would be justified.



MORE MONEY

After the lengthy closed session, the Board of Supervisors reconvened and unanimously moved a resolution to provide more funding for the Board of Elections as the general election approaches.

This is “authorizing me to provide additional funding to the Board of Elections for any additional help they may need between now and Nov. 3 and authorizing me to make whatever transfers are necessary for that position,” County Manager Daniel Palmer said.

That was the only public comment about what went on in the closed-door confab.

Some supervisors said after the meeting that they’d discussed appointing an acting election commissioner to take Sanders’s place. Three of the county’s top Republicans have expressed interest.



RECOVERING

Contacted later at his home, Sanders said he’s been absent because of a heart attack.

“Because I’m sick are they going to throw me under the bus?”

Appointing someone to take his place might not be legal, he said.

“I don’t see how they would do that. I’m the commissioner. The governor is the only one who can remove me from office. He won’t remove me because I had a heart attack and I’m sick.”

Sanders said he has restricted arteries, has been treated at Fletcher Allen Health Care in Burlington and is on five medications.

He said his medical condition is still being evaluated and that he will return to work when he’s able.

If he is unable to resume his duties as commissioner, he will consider retiring, he said.

As election commissioner, Sanders is paid about $17,000 a year.



LINKED TO LAWSUIT

In August, Sanders was subpoenaed in a lawsuit that sought to remove county district attorney candidate Kristy Sprague from the ballot for non-residency in the county.

Although summoned to testify about designating petitions he witnessed that had allegedly been circulated by someone else, Sanders did not appear but sent Attorney Paul DerOhannesian II of Albany on his behalf.

That part of the litigation was never addressed. The lawsuit was dismissed because State Supreme Court Justice Robert Muller ruled that state law only required Sprague to be a resident by Election Day.

She later said she had moved to Willsboro and was now a county resident.

Attorney James Wash, representing the petitioners, conceded that even if all the petitions Sanders witnessed were invalidated, it would not affect Sprague’s candidacy, since she would still have the required 5 percent of registered voters needed to qualify for the ballot.

Sprague is running against incumbent DA Julie Garcia in the general election.



EXTRA TIME

Processing information and preparing voting machines for the Nov. 3 election is forcing Deputy Republican Election Commissioner Patti Doyle to work additional hours while Sanders is absent.

County Democratic Election Commissioner David Mace and Deputy Democratic Commissioner Sindy Brazee have also been doing extra work, along with two part-time clerks.



E-mail Lohr McKinstry at:

lmckinstry@pressrepublican.com

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