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Another voice / Election Day 2005
Voter denied right to cast a write-in ballot
By SUSAN OSBERG

11/25/2005

We are all familiar with the line "there's something rotten in Denmark." I don't know about conditions in Denmark, but I'd opine there is something rotten - even malignant - in Erie County.

This past Veterans Day became more poignant than usual. Every ballot we cast on Election Day was purchased, and is maintained, by the service and sacrifice of our veterans. Three days previously, that dearly paid for privilege - the right to vote for the candidate of my choice - was denied to me.

This would be the first time I would cast one of my votes on a write-in ballot, or so I thought. I asked the poll workers how one went about casting a write-in ballot. Surprised looks and murmured conversations passed between them, then they asked whom I wanted to vote for. Believing the question was illegal (our votes are supposed to be secret), I nonetheless replied Rus Thompson, who was a write-in candidate for the 10th District in the Erie County Legislature. They stated not only ignorance of the procedure, but specifically that I could not vote for him. I finally gave up and cast my ballot for all but one of the candidates of my choice.

Speaking afterward with Sandy Beach on-air at WBEN radio, I relayed what had transpired. Other listeners called in and reported that they, too, were denied the right to vote for Thompson.

Subsequently, I was informed by the Thompson campaign that all the way back to Primary Day, voters were told it was not possible to do a write-in. When contacted about the matter, the Grand Island town clerk denied the claim, in direct contradiction with authentic testimony. Thereafter, Board of Elections Commissioner Ralph Mohr denied the Thompson campaign permission to distribute generic write-in balloting instructions to poll workers; nonetheless, as is their right, they distributed these instructions to all town clerks.

All voters have a right to cast their ballot - including a write-in. All voters have a right to vote for the person - any person - of their choice. It is illegal for poll workers to ask voters for whom they wish to vote. Veterans have made countless sacrifices to secure these voting rights and to protect us from these illegalities.

In correspondence, Thompson wrote: "I stayed in this race as a write-in candidate . . . because of the violations of the law. We have laws; we may not agree with them, but the law is the law and should not be broken. They want me to give up the fight, but I will not. We need to take back control of our government."

If you were the victim of, or witnessed, voting irregularities, it is crucial you contact the New York Civil Liberties Union at 332-4658 as soon as possible, and also file a grievance with the Board of Elections.

In my opinion, the election of the Erie County legislator from the 10th District must be declared null and void due to election irregularities. A runoff election should be held. The veterans did not give up the fight, Thompson did not give up the fight and we must not give up the fight. Too many people have sacrificed too much for us not to fight for a fair and clean election.


Susan Osberg lives in Tonawanda.