Committee on Open Government: Give Mantello access to ballots (DOCUMENTS)

MANTELLO

In an five-page opinion, the state Committee on Open Government said former Troy Council candidate Carmella Mantello can look at the 2013 election results secured at the Rensselaer County Board of Elections.

Mantello had questioned the razor-thin results of her At Large bid last year but the third and final spot went to Lynn Kopka by 65 votes out of nearly 7,000 cast after the absentee ballots were counted and a judge denied Mantello’s request for a recount.

Since, Mantello has maintained there were abnormalities in some Election Districts and wanted to conduct a manual recount herself but was, inexplicitly, denied access to the ballots by Rensselaer County Commissioners Ed McDonough, a Democrat, and his Republican counterpart Larry Bugbee.

She did request the ballots under the state Freedom of Information Law but it too was denied. The Committee on Open Government, however, said access to ballots did fall under the FOIL statute and while it’s only an opinion, said she should have access.

 “In sum, based on the preceding analysis, I agree with your contention that “the electronic ballot images and cast vote records created by the ballot scanners used to conduct our elections” are accessible to the public pursuant to FOIL and in accordance with subdivisions (1) and (3) of the Election Law,” said the letter written by Bob Freeman, executive director of the Committee on Open Government and the state’s well-respected FOIL guru.

The committee’s decision and Mantello’s statement can be read below.

There are the facts as they stand now. Here are some questions and observations that immediately come to mind:

-While I don’t agree keeping any ballots from public inspection, especially from candidates who ran for office, I can see why McDonough would deny her access since he is a Democrat and Mantello is a Republican.

-But, why would Bugbee, a Republican, sign off on not granting her access? Here’s why: Some in the GOP don’t like Mantello. Plain and simple. And Bugbee takes his marching orders from those same operatives. It’s one thing not to like a candidate but part of Bugbee’s job, in addition to ensuring elections run fairly and properly, is to help Republican candidates and protect their interests whoever they are. McDonough does the same thing for Democrats – that’s why there is one commissioner of each party.

-Regardless of the public – and at least one time physical – confrontation between Bugbee and former commissioner Tom Wade, who is now the Rensselaer County Democratic Party chairman, they at least kept an eye on each other. Bugbee and Wade have too cozy a relationship in that they can easily turn a blind eye towards each other’s activities – like minor party ballots – or turn go so far as back each other up in the Mantello case. (Notice I didn’t mention voter fraud because Bugbee told other operatives about the inordinate number of Working Families Party absentee ballots that came in at the last minute but if they trickled in as they have in years past the two commissioners would likely have let each other’s party get away with whatever they wanted to get away with.)

-What happens now is anyone’s guess. If Mantello does get her hands on the ballots and has evidence she did win it’s too late to do anything about it but it would justify any attempted run at future office.

-And it means that people are watching the BOE and the commissioners, who ultimately work for the them and not the political parties.

-Despite all the political inside baseball, not giving a candidate, or anyone else, unfettered access to ballots is shameful. It’s just another scar on an already tainted BOE.

-Bugbee did not immediately return phone calls for comment.     
 

Committee Decision

Statement Regarding NYS Committee on Open Government Opinion by jfranco17410