Heart of our democracy attacked

During the last decade, the Garland County Election Commission has changed locations where people vote.

Most of the places people vote are either at churches or commercial spaces that are paid only $50 for each day of voting by the Election Commission.

There are numerous reasons why some voting sites change. A church may close, or there is a change in leadership. The Election Commission may close one because of logistics problems. Road construction may limit parking. Or opening the doors at 6:45 a.m. is a burden.

Also, a voter messed up a bathroom in a county building used for voting.

Garland County Election Coordinator/Election Commission Chairman Gene Haley wants us to believe that the culprit for his having problems finding polling places is political signs and the people who carry them. In a commentary in this newspaper, Mr. Haley showed his personal bias against political signs when he said candidates' signs are "littering" the county when they are placed at homes, businesses and other properties of the candidates' supporters.

Mr. Haley also said the candidates and their supporters are violating the rights of private property owners.

How absurd is that statement when all of the properties used as public voting centers are rented by a publicly-funded government agency?

County Attorney John Howard said in a letter on Wednesday to Mr. Haley agreeing with me that polling places are public spaces.

"Private property can become a public forum subject to political speech due to the government's use of the property as a polling place," Mr. Howard said.

Mr. Haley forgets that when he and the Election Commission identify a site as a place to vote, the property becomes a public space. The only exception is a 100-foot buffer outside the polling place where campaigning is forbidden. As an example, if the county Quorum Court decides to meet in a privately-owned building, the space becomes a public space.

The agreements between the Election Commission and owners of the voting sites place no limits on the areas being used by the public. There were no complaints filed by owners.

Mr. Howard found the Election Commission failed to distinguish the public space at polling places on private property in its agreements with the property owner.

Mr. Haley also stated in his commentary some campaigns violated rules and policies. But there are none.

There were only two complaints regarding incidents during the March 5 primary -- none against candidates or campaigners.

My personal experience is that many voters do not know the local candidates. At polling places, voters ask questions, as they should. There is no better person to answer those questions than the candidates and their supporters.

Everywhere in America political campaigning is the same and continues up to the time the last vote is cast. I have never heard of any election official complaining about the Heart of our Democracy.

The courts have ruled that people can assemble in public places, including people who campaign and the signs they hold, because they are protected by the First Amendment. Garland County's County Attorney cited an Attorney General's opinion that agrees.

"That area would be subject to political speech, such as posting and holding of signs," Mr. Howard said in his letter.

I've worked with Mr. Haley for several years and I have always known him to be a problem-solver and someone who is a competent administrator. Let's hope he has not become one of those typical government bureaucrats who place blame elsewhere when they are unable to do their job.

Jim Keary is the treasurer and is past secretary of the Republican Party of Garland County.

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