DELHI — Ahead of the November election, Delaware County officials have removed the only ballot drop box, located at the Board of Elections in Delhi, citing security concerns and “increasingly contentious” elections. The decision, announced Oct. 17, was made without input from election commissioners and was directed by Board of Supervisors Chairperson Tina Molé, according to Democratic Election Commissioner Judith Garrison.
Decision Made Without Election Commissioners’ Input
Garrison explained that she and her Republican counterpart, Maria Kelso, were informed of the decision through an email from Molé, who cited the “lack of 24-hour security” as the primary reason for the drop box’s removal. Garrison said the email indicated that the Board of Elections was being given a directive, not a choice, and the decision had already been approved by the legislative committee.
However, there was no legislative committee meeting announced, advertised, published or held in accordance with Open Meeting Law. Delaware County Legislative Committee Chairperson Allen Hinkley asked the county public information officer Shelly Johnson Bennett to answer questions on behalf of the county about a meeting that was not publicly advertised including why and how the decision to remove the box was made.
“This was a committee decision made last week in response to concerns from candidates regarding the unsecured box,” Johnson Bennett said Monday, Oct. 21.
However, Colchester Supervisor Art Merrill, who is a member of the legislative committee, stated that no committee meeting has been held since September.
The county’s last legislative committee meeting was held Sept. 4. The meeting scheduled for Oct. 2 was canceled, according to information on the county’s website.
Who Requested the Drop Box Be Removed?
Supervisor Chairperson Tina Molé, in a widely circulated email dated Oct. 21, stated that “state and federal reps” made the request. In a separate email, Molé further stated, “The removal of the absentee ballot drop box was in response to more than one request from candidates on the ballot regarding the security of the box.”
In another widely shared email dated Oct. 20 at 10:21 p.m. explaining the decision, Molé stated, “I received several calls from our State and Federal Reps regarding the outside ballot boxes due to lack of 24 hour security.”
On Oct. 21 The Reporter reached out to all state and federal candidates on November’s ballot through their campaign teams and was told by the Riley, Oberacker, Frazier, Tague, Davis, Angelino and Tweed campaigns that no complaint or concern was voiced to Delaware County supervisors or the board of elections.
Molinaro’s team stated that they were contacted, but did not say by whom.
“We were asked for our opinion and agree with the decision to move it inside,” Molinaro’s team said of the drop box.
“It’d be incorrect though to say we requested it or that the box was removed. It’s common sense that a ballot box placed outside is less secure than a box placed inside under the supervision of election workers.”
Mole' did not respond to a request for a comment by press time.
Anyone wishing to drop off a mail-in ballot can do so during expanded hours during early voting at the Delaware County Board of Elections.
“This was decided to be the best course of action as we can guarantee security for a safe and fair election process,” Johnson Bennett said.
The drop box has been in use for the past several years, including at the former board of elections office that was located in an isolated location on Gallant and Page Avenues, adjacent to the county’s public works equipment yard.
On Oct. 21 Delaware County Board of Elections posted on Facebook about the removal of the drop box saying, “It was taken down by maintenance in response to a directive from the chair of the Board of Supervisors citing security issues and a contentious election.”
Approximately 45 minutes after the Facebook post was made, Johnson Bennett said, “There is no active security threat. The decision was based on concerns that the ballot box was located in an area that does not have security or 24 hour surveillance.”
A Controversial Move
While New York State Election Law does not explicitly mandate or prohibit the use of ballot drop boxes, the drop box had been publicized on social media and in print media as a convenient option for voters, especially those who may have difficulty making it to the polls during regular hours.
Delaware County Republicans support the removal of the drop box from the exterior of the building, Committee Vice-Chairperson Josh Morgan said.
“This change will not significantly impact voters in the county, as there are still many available ways to vote, including early voting, absentee ballots, and in-person voting on Election Day,” Morgan explained.
The Delaware County Democratic Committee strongly objects to the removal of the ballot box, Chairperson Kathleen Hayek said. The drop box should have remained in place, she said. The removal of the box, Hayek continued, “... undermines public confidence in the authority and reliability of our BOE [board of elections]. The board of election’s ability to administer a free and fair election needs to be supported by our local government, not undermined.”
The Delaware County Democratic Committee, Hayek stated, feels that the board of supervisors “has overstepped its authority in making this decision, thereby eliminating a previously available voting option from voters in Delaware County. The security reasons cited are not reasonable given that the Board of Elections had previously requested security measures for the lock box and for their personal safety, but that request had not been granted. Let’s just call this what it is — voter suppression.”
Questions About Security and Voter Impact
Critics argue that the decision could limit access for voters who rely on the drop box as a convenient and secure way to deliver ballots, especially in a largely rural county where travel can be a barrier.
Garrison pointed out that although the decision was framed as a security precaution, there was no indication of a specific threat or incident that warranted the change. The Delaware County Democratic Committee also believes the removal of the box could impact access to voting and support the return of the drop box in addition to a longstanding request to the Delaware County Board of Supervisors for added lighting and security cameras directed at the box, according to Hayek, that, Hayek continued, would address any marginal security issues.
“Add those features immediately and return the drop box. It has been used for over three years and as was advertised. Having it as an option is what voters have come to expect and they make plans accordingly.”
Moving Forward
The Delaware County Democratic party would like the drop box returned, Hayek said.
”We would support returning the drop box as was publicly advertised. A long standing request to the Delaware County Board of Supervisors for added lighting and a security camera pointed at the box would address any marginal security issues,”
In the future, every effort should be made to provide a well-lit location for the drop box with a security video camera, Hayek said, noting that security measures had been requested by the Board of Elections prior to the placement of the drop box.
Any changes to the publicized availability of drop boxes should be made by the Board of Elections, after careful deliberation by all members of its senior leadership, Hayek continued.
“Decision making has to begin early and it has to be transparent and available to the public. It will always look suspicious, raise doubts and erode confidence when significant changes in procedure are made at the 11th hour in a private setting using a questionable process.”
The Delaware County Democratic Committee goes further.
“We are saddened to say this, but based on how this went down, we would suggest voters not look to their county government for solutions to this problem. Our right to vote is precious and central to our democratic government. Every single vote is important and counts as much as any other vote. If this abrupt and questionable removal of a ballot box, no matter its motivation, disrupts even one voter’s ability to cast their ballot, it is intolerable and must be corrected immediately. The answer to a security issue about a ballot box, obviously, is to promptly provide better security, not remove the ballot box,” Hayek said.
“It’s crucial to prioritize the security of our elections and protect against potential fraud,” Morgan agreed. “We have complete confidence in our Delaware County Board of Elections Commissioners to uphold the integrity of the process.”
The Delaware County Board of Elections offers clarity on what voters can do now.
“Anyone who received an absentee or early vote by mail ballot who prefers not to return it by mail can deliver it to the Board of Elections office during our open hours, 8:30 a.m. – 4 p.m. and during some extended hours during early voting being held at our Delhi office (Oct. 28 through Nov. 3). Absentee/early mail ballots can also be delivered to any poll site on Election Day, November 5th,” an Oct. 21 Facebook posts advises.
To read further coverage in the Times Union click here; to read coverage in the The Daily Star click here.
