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ELKINS -- City Clerk Jessica Sutton responded Saturday to the controversy surrounding early voting and the city's municipal election, slated for Tuesday.
Much of the dispute involved the way early voting ballots were being submitted. The West Virginia Secretary of State's Office advised Sutton on Thursday about the proper procedures to follow when residents submit their ballots.
Prior to Friday, ballots were being placed in the voting box loose, with no ward designations. Following Sutton's conversation with the Secretary of State's Office, ballots then were sealed in an envelop by the voter with the ward designation mark on its front. They were then placed in the ballot box as usual.
The Secretary of State's Office did specifically note that the loose early voting ballots still will count toward the final tally.
Other disputes include the use of just one ballot box for early voting.
"The reason all early voting ballots have been placed into one ballot box is because the law requires it," Sutton wrote in a letter to the editor submitted Saturday, which is on Page A4 of today's edition of The Inter-Mountain. "West Virginia Code 3-3-3 … states that early ballots shall be placed into 'a ballot box that is secured by two locks with a key to one lock kept by (the mayor) and a key to the other lock kept by (the city clerk.)' This legal requirement has been complied with throughout the early voting period and will continue to be complied with through the close of early voting at 5 p.m. today."
City Council candidate Merllene Yorkey, 1st Ward, also inquired of Sutton on how absentee ballots were being handled.
"The answer is that they have been handled according to the requirements of the relevant part of West Virginia Code, 3-3-5, which stipulates how election officials must verify eligibility to cast and maintain confidentiality of absentee ballots," Sutton wrote. "All of the required steps have been followed precisely as stipulated, including the requirement that, similar to early ballots, voted absentee ballots shall be placed into 'a ballot box that is secured by two locks with a key to one lock kept by (the mayor) and a key to the other lock kept by (the city clerk)."
Another point of contention made by Yorkey involves how early and absentee ballots would be handled following the completion of the early voting period, which was at 5 p.m. Saturday.
Sutton notes that those procedures also are established by the Secretary of State's Office. The regulations dictate that Sutton and Elkins Mayor Van Broughton, witnessed by two early voting poll workers open the early voting ballot box.
"Without being tallied, the voted early and absentee ballots will then be sorted by ward and sealed into one large envelope for each ward," Sutton wrote. "These sealed envelopes will be taken to the appropriate ward's polling place on Election Day by the sworn poll worker designated to pick up and return election supplies."
"After polls close, and as per the Secretary of State's published Election Day guidance … the sealed envelopes will be opened and the early and absentee ballots they contain will be placed into the still-sealed ballot box at the given ward," Sutton added. "Then, all ballots (Election Day, early and absentee) will be taken from the ballot box, one by one, and tallied, as per the Election Day guidance published by the Secretary of State. …"
Sutton, who is taking part in her first election as city clerk, said she takes her duties very seriously.
"Various allegations have been made concerning the conduct of this election," Sutton wrote in her letter. "I am committed to fair and honest elections. Upon being appointed to this office, I swore an oath to uphold the law and the U.S. and state constitution; all election workers take a similar oath. I am utterly and totally committed to discharging my duties in accordance with that oath, as are they. If anyone has any concerns about the conduct of this election, I encourage them to get in touch with me. I will be happy to answer questions, explain legal requirements, and otherwise do whatever it takes to address any such concerns."