ACLU DELAWARE SUES RED CLAY SCHOOL DISTRICT FOR RIGGING ITS REFERENDUM
SEE: http://www.wdel.com/story.php?id=67183; republished below in full unedited for informational, educational, and research purposes:
by Amy Cherry, March 27, 2015:
The American Civil Liberties Union of Delaware (ACLU) has filed a complaint in the Delaware Court of Chancery against the Red Clay Consolidated School District over its referendum last month.
The complaint alleges Red Clay used its governmental power to skew election results in favor of the tax increase.
According to the complaint, Red Clay scheduled family fun nights to sway voters.
"They scheduled other family events so to make sure that parents of school children who they considered more likely to vote for the tax increase would be at the school, which is also the polling place, on the day of the referendum," alleged Kathleen Macrae, Executive Director of the ACLU of Delaware.
Pati Nash, spokeswoman for Red Clay, said the district did host those events, but would have no way of knowing how those attending would vote.
"They were not done with as asserted (in the complaint) designed only to get the vote out that would most likely support the tax increase or to, in anyway, knowingly dissuade anyone from voting," said Nash.
The complaint also alleges that empty school buses were parked to block handicap parking spots and even gave away free pizza to students after their parents voted.
"It limited access for other people, especially elderly people or people that had mobility problems to be able to get to the polls and vote against the tax increase if that's what they wanted to do," said Macrae.
Nash said that's simply not true.
"There were some buses at Marbrook (Elementary School) in the afternoon to pick up children, who had after school activities, but they were never parked in front of the handicapped spots, she said. "I've been told they were parked in the circle in front of the school."
Nash said the district following the guidelines from the Board of Elections.
"We put on a fair campaign," said Nash.
The complaint also named the Board of Elections for New Castle County, which certified the election results after state Senator Karen Peterson called for an investigation intoallegations of voter fraud.
"They were well aware that there were many complaints filed about the way the election was handled yet they went ahead and certified the results anyway," said Macrae.
"We just received the complaint and haven't had a chance to review it with the Department of Justice," said Anthony Albence, Director of the Board of Elections for New Castle County.
Peterson told WDEL that a few instances of fraud had been identified, but they would not have been enough to sway the outcome of the referendum.
The referendum passed by 880 votes on Feb. 24.
The ACLU wants the Chancery Court to nullify the results of the referendum and ask that a new referendum be held.
Macrae said the complaint is not about whether the tax increase should go forward.
"We're bringing this suit because voting is a fundamental value of our democracy, and we cannot allow government, including school districts, to use their power to rig an election," Macrae said.
Contact Amy Cherry at acherry@wdel.com or follow her on Twitter at @acherry13.
The complaint alleges Red Clay used its governmental power to skew election results in favor of the tax increase.
According to the complaint, Red Clay scheduled family fun nights to sway voters.
"They scheduled other family events so to make sure that parents of school children who they considered more likely to vote for the tax increase would be at the school, which is also the polling place, on the day of the referendum," alleged Kathleen Macrae, Executive Director of the ACLU of Delaware.
Pati Nash, spokeswoman for Red Clay, said the district did host those events, but would have no way of knowing how those attending would vote.
"They were not done with as asserted (in the complaint) designed only to get the vote out that would most likely support the tax increase or to, in anyway, knowingly dissuade anyone from voting," said Nash.
The complaint also alleges that empty school buses were parked to block handicap parking spots and even gave away free pizza to students after their parents voted.
"It limited access for other people, especially elderly people or people that had mobility problems to be able to get to the polls and vote against the tax increase if that's what they wanted to do," said Macrae.
Nash said that's simply not true.
"There were some buses at Marbrook (Elementary School) in the afternoon to pick up children, who had after school activities, but they were never parked in front of the handicapped spots, she said. "I've been told they were parked in the circle in front of the school."
Nash said the district following the guidelines from the Board of Elections.
"We put on a fair campaign," said Nash.
The complaint also named the Board of Elections for New Castle County, which certified the election results after state Senator Karen Peterson called for an investigation intoallegations of voter fraud.
"They were well aware that there were many complaints filed about the way the election was handled yet they went ahead and certified the results anyway," said Macrae.
"We just received the complaint and haven't had a chance to review it with the Department of Justice," said Anthony Albence, Director of the Board of Elections for New Castle County.
Peterson told WDEL that a few instances of fraud had been identified, but they would not have been enough to sway the outcome of the referendum.
The referendum passed by 880 votes on Feb. 24.
The ACLU wants the Chancery Court to nullify the results of the referendum and ask that a new referendum be held.
Macrae said the complaint is not about whether the tax increase should go forward.
"We're bringing this suit because voting is a fundamental value of our democracy, and we cannot allow government, including school districts, to use their power to rig an election," Macrae said.
Contact Amy Cherry at acherry@wdel.com or follow her on Twitter at @acherry13.
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EXCERPT:
"The ACLU filed this complaint because, above all else, every voter must be given fair and equal access to the ballot box. That is a fundamental value of our democracy," said Kathleen MacRae, the group's executive director, in a news release. "This complaint has nothing to do with the results of the referendum. It has everything to do with process. Government, including school districts, cannot use their power to rig elections in violation of state and federal law."
Sen. Karen Peterson asked the board not to affirm the vote totals, presenting 35 emails from constituents reporting problems. Peterson said constituents reported schools sending students older than 18 to vote during class time and schools placing signs in their buildings urging "yes votes."
"This was illegal electioneering," Peterson said. "In these elections, the schools are bound by the same rules that political candidates are. This would be like me going into a polling place on Election Day and placing signs saying, 'Vote for Karen Peterson,' and giving pizza to people who voted."
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