ACLU may sue over poll time limit

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Mike Cubelo, president of the Piedmont chapter of the ACLU of South Carolina, said his group's observers would not engage in unruly or disruptive behavior at polls and should be allowed in the polls all day under state law.

Cubelo said any change to election procedures must be approved by the U.S. Department of Justice. He said the County Election Commission's decision Tuesday clarifying a benchmark of five minutes for observers at polls was such a change.

"I think he's treating this as a minor change," Cubelo said of Election Commission Director Conway Belangia. "But it's not. It's a significant change."

The State Election Commission does not place a time limit on observers at polls, Belangia said, but Greenville County had procedures in place for two years limiting observers.

"That's a State Election Commission position that we disagree with," he said.

State Election Commission spokesman Garry Baum said state law provides guidance on how county election commissions and poll workers can manage elections. Where observers are concerned, the law asks only that polls maintain "good order," he said.

"The Greenville County Election Commission is responsible for the conduct of this election," Baum said.

Cubelo said the ACLU will have observers outside the polls, 200 feet from the site. He said they would follow the commission's procedures and limit their time inside the polls.

"We'll take advantage of whatever time we have," he said.

Also concerned about the Election Commission's Tuesday decision was Paul Guy, president of the local chapter of the NAACP. He said representatives from his group were at 21 polling sites in 2002 helping clarify voting rules for confused voters. For instance, he said, some voters don't understand the challenged ballot process when they forget to bring a proof of address.

"I don't think the playing field is fair when somebody gets 90 percent of his budget from the incumbents," Guy said.

Cubelo said the ACLU decided to send observers when incumbent County Council member Steve Selby, who faces Tony Trout in a Republican runoff Tuesday, said he had considered asking sheriff's deputies to help keep order at the polls.

Guy said the state office of the NAACP would decide how to proceed today.

The local ACLU's general counsel, Rauch Wise of Greenwood, said the commission's decision to set a five-minute limit for observers — poll workers also have the discretion to let people stay longer — reflected pressure from attorney Samuel Harms.

Harms, representing Constitution Party leader Ted Adams, threatened to sue if observers had full access to polls. He argued that poll watchers must be sanctioned by a party or candidate.

Harms could not be reached for comment Thursday.

"It just amazes me that Mr. Harms would object to having observers at a polling place," Wise said. "Jimmy Carter traveled this world being an observer at polls making sure that countries had free and fair elections.

"Harms would object to Jimmy Carter observing the polls in Greenville County."

He said the ACLU never intended to disrupt the election process or intimidate voters.

Wise said he wanted to work with Belangia through the disagreement and was impressed by a letter Thursday clarifying the commission's position.

"There's plenty of time to explore options," he said. "Until there's some indication they're not going to be reasonable with us, we will continue to talk to them."