< Search the Republican Gazette archives!
Abernathy Strategies
New for 2007-08
RepublicanGazette
Tuesday, August 14, 2007
Submissions welcome
  The Republican Gazette welcomes Emails to the Editor and press releases. All submitted items must include the name and contact information for the author of the article, and all articles will only be published with the author's name included. Thank you for reading and participating in The Republican Gazette, another of West Virginia's most biased publications.
All opinions are those of The Republican Gazette and its editor, Gary Abernathy, except letters or commentary signed by others, and do not reflect the views of anyone else, including clients of Abernathy Strategies.
---
Having Fun
With Mojo
If I was still Secretary of State
Hey kids! Mojo here! Wow! Quite a controversy going on over the whole table games vote! Makes me wish I was still the Secretary of State! Why? Because then I'd be in the news every day right now! How would I handle this situation? Easy! First, I'd call a press conference! Then, I'd ask Larry and Lara to tell me what to say! Then, I'd say it! Probably what I would do is say something like this:
"We're all West Virginians, and we all love this state. We have the best voters and the best election officials in the world. I know we can work this out, and I know we will all come out better for it. It doesn't matter whether you voted yes, or whether you voted no. All that matters is that we're all West Virginians, and whatever happens, we'll still be West Virginians tomorrow."
There! What did that mean? Who knows? But that's what I'd say!
Accusations fly as table games controversies erupt
Cavacini insinuates 'yes' side might go to court to disenfranchise 64 voters
John Cavacini, head of the West Virginia Racing Association, said Monday he will be talking with lawyers about whether to challenge 64 uncounted early votes from the Sissonville area.
Appearing on Hoppy Kercheval's "Talkline" program Monday, Cavacini complained that since opponents of table games managed to delay the election by demanding that Kanawha County adhere to the letter of the law in regard to public notice of the election, that same standard should apply to the 64 uncounted votes discovered Monday morning from a Sissonville precinct.
Other results from Sissonville saw the referendum heavily opposed.
For opponents of table games, sticking to the letter of the law will be an acceptable solution, since nothing in state code prohibits votes from being counted even if they were not counted at the precinct level. In fact, the law provides for the county clerk to turn the matter over to a Resolution Team, which is then empowered to allow the votes to be counted.
In fact, courts have historically ruled on the side of counting legally cast votes, even if precinct workers or election officials make errors after the fact. What Cavacini is risking is turning public opinion even more strongly against the racetracks if they take the position that voters should be disenfranchised because of pollworker error.
Cavacini also said that some Tri-State workers who were bused to precincts to vote were shuttled around to several different locations. Aside from admitting that Tri-State employees were rounded up and told to go vote (some cynics might even say "intimidated" to go vote) the fact they were shuttled around likely indicates they were not historic voters, who otherwise would have voted on their own without having to be bused, and would have known where to go vote.  
Meanwhile, accusations and questions have been flying all across the county. Some voters have apparently claimed that since they had to vote at polling locations inside churches that were opposed to the measure, they felt intimidated about voting in favor of the referendum.
Aside from the fact that the time to challenge polling locations is before, not after, an election, such reasoning apparently means school levies can no longer be decided at polling places located inside schools.
West Virginia's famous Elvis impersonator
'Yes' supporter Carper still upset over vote delay
Kent Carper, president of the Kanawha County Commission, continues to be upset over the fact that the vote on table games was delayed after
it was discovered that legal notice of the original June 9 election had not been published.
Carper, who actively campaigned for passage of the measure, continues his bizarre insistance that "Vote Yes" billboards already erected by proponents of table games should have served as proper notice of the election. Carper famously said at the time that even "Osama bin Laden knows about this election."
Carper, appearing on Hoppy Kercheval's "Talkline" program Monday, was noticeably agitated over the fact that 64 uncounted early votes had been discovered that morning from the Sissonville area, which strongly opposed the table games measure. He, like John Cavacini, complained that since opponents had insisted on sticking to the letter of the law regarding legal notice, the "other side" will no doubt insist on the same for the uncounted votes.
Of course, in each instance, protecting the rights of the voter has been the key goal. Proper legal notice -- even the "postage stamp" size notice constantly referenced disparagingly by Carper -- is designed to make sure voters are properly made aware of an upcoming election. "Vote Yes" billboards do not constitute legal notice, despite Carper's wishes.
And proceeding with the count of the 64 early votes from Sissonville also constitutes protection of the rights of the voter.
Carper, of course, finds himself in the enviable position, along with fellow commissioners Hoppy Shores and Dave Hardy, of being in charge of reviewing more than 500 provisional votes that will end up deciding the election. Having lost any semblence of impartiality regarding the referendum, Carper's handling of the challenged votes will be viewed under an especially intense microscope.
No matter how long it may take through challenges or legal filings, the safest bet a racetrack patron could ever make is that eventually the 64 Sissonville votes will be counted. If those votes fall along the same lines as other votes from the area, it is likely that the referendum's 33-vote "yes" lead will be cut to as little as single digits before the provisional ballots are even considered.
Editorial
A winning position: Just count the votes and be done with it
The best thing both sides in the table games campaign could do is stand back, let all the votes be counted, and move on.
All legally cast votes should be counted. And every legal provisional ballot should be counted. Then, whatever the outcome, both sides should accept it and move on. A recount is not likely to change the outcome. With hand-marked ballots, it is highly unlikely there was a miscount. Court challenges on technicalities are likewise usually doomed.
What would be nice is for both sides to agree before Friday that they will accept whatever the final vote is, providing the law is strictly observed on the provisional ballots. 
KENT CARPER
Table games supporters

"They've made a mistake by not counting the ballots at the precincts, they made a mistake by not counting the ballots once they were returned to the clerk's office, and the clerk's office made a mistake by not securing them, because they did not know they were there.''
--Kanawha Commissioner Kent Carper (AP)

"They said 'we've got to change this election, because we've got to follow the strict interpretation of the law.' Well, if that was good enough for them at that point, then Tri-State (Racetrack and Gaming Center) will have to make a decision as to whether following a strict interpretation of the election laws is the right thing for them."
--John Cavacini, West Virginia Racing Assn. (MetroNews)
Table games opponents

"Everybody needs to be patient and wait until Friday, and depend on the Secretary of State's office to guide us. Every legal vote should count, whether it's yes or no. That's part of being an American."
--Melody Potter, of the 'vote no' grassroots effort
(Republican Gazette)

“We are now faced with a canvas of the election on Friday August 17th. The gambling industry holds a slight 33 vote lead. We will proceed with the canvas with all the confidence that the right side of the issue will prevail."
--Fred Joseph, of the 'vote no' grassroots effort
(press release)
Attitudes revealing on uncounted early votes
Secretary of State official

"If the seal is still on the ballots and one can prove, obviously, it has not been tampered with in the sense that the seal is still there, the court has always ruled in favor of the voter, to not disenfranchise any voter."
--Ben Beakes, Secretary of State chief of staff (WOWK)
Table game supporters complain about newly discovered ballots, threatening action to stop them from being counted. Election official says courts have ruled against disenfranchising voters
"Dancing Outlaw" is the name of a well-known PBS documentary featuring a West Virginia resident known for impersonating Elvis, as well as for sniffing gasoline and glue. What is his name? Yesterday's answer was Kris Kristofferson (who wrote "Why Me, Lord?"), and the correct answer was supplied by Jim Shaffer, Karen Ali, Tommy Phillips and His Honor.
'Vote no' leader thanks volunteers for efforts
(Press Release) “The many opponents of the gambling vote on August 11th turned out in numbers that astonished all predictors,” said Fred Joseph, an organizer of the Peoples Voice grass roots get out the vote volunteers.
"The many volunteers that made the effort to respond to the rally call, that braved the extreme heat of the day, to encourage voters to get out and vote, should be praised for motivating the voters.
“The true sprit of democracy was displayed by the people that made the effort to have their voices heard,” said Mr. Joseph.
"The motivation to succeed by the
volunteers of The Peoples Voice was the impact of gambling on the citizens of Kanawha County and West Virginia. They felt the negative impact of expanded gambling on our citizens would result in many undesirable social and economic issues.
“We are now faced with a canvas of the election on Friday August 17th. The gambling industry holds a slight 33 vote lead. We will proceed with the canvas with all the confidence that the right side of the issue will prevail. The Vote No side looks forward to declaring victory after the final tally,” said Joseph, one of the many dedicated volunteers.