ST. LOUIS _ Absentee voting will begin Thursday in a special election triggered after a judge tossed out results of the Aug. 2 Democratic primary for the 78th District Missouri representative race.
Irregularities in absentee ballots in that primary spawned a lawsuit by Bruce Franks, a political newcomer who was looking to unseat state Rep. Penny Hubbard. Although Franks, 31, got the majority of votes cast on Election Day, the large number of absentee ballots cast put Hubbard, 62, over the top. The total difference: 90 votes out of 4,316 cast. A judge on Friday threw out the results and ordered a new election Sept. 16.
On Wednesday afternoon, the St. Louis Board of Election Commissioners met for the first time since Circuit Judge Rex Burlison's ruling. The meeting was held a day after Missouri Gov. Jay Nixon replaced two of four commissioners, saying "the board was not doing its job."
New chairman Erwin Switzer peppered election directors with questions about the process they will use in the special election. The most notable difference this time around is that those who walk in to the Election Board office downtown to vote absentee will have to do so with paper ballots. When a voter is finished with the ballot, he or she will be instructed to seal it in an envelope and then drop it into a locked box.
The lack of envelopes with 142 walk-in absentee ballots was the crux of the election challenge by Franks. Burlison agreed that without an envelope, which contains voter information such as a signature and reason for voting absentee, there is no way to challenge the ballot. As a result, no touchscreen voting will be allowed at the Election Board office.
To accommodate as many voters as possible, the Election Board is adding Saturday hours _ from 9 a.m. to 1 p.m. _ for absentee voting. On Election Day, polls will be open 6 a.m. to 7 p.m. Voting will take place at 20 polling places representing the 25 precincts that comprise the 78th District, a long narrow strip of the city hugging the Mississippi River.
Switzer said Secretary of State Jason Kander called him on Tuesday evening to offer whatever assistance was needed to run a successful special election.
"I told him we need a very quick turnaround on certification," Switzer said, "and he said he was aware of that."
Election results must first be certified by the city Election Board, then the secretary of state. The quick turnaround is important because absentee voting for the citywide Nov. 8 general election begins Sept. 27, just 11 days after the special election.
Earlier Wednesday, Kander's office released the findings of its formal review of the Hubbard and Franks race. The secretary of state's office "strongly encourages" Circuit Attorney Jennifer Joyce to review each absentee ballot cast in the state rep race to determine if there were any violations of election law, the report states.
Additionally, the secretary of state's office said it will remain in contact with the Election Board as it conducts a special election "to ensure that every eligible voter has a right to vote and only eligible voters have that opportunity."
The review by the state's top election official was prompted by an ongoing St. Louis Post-Dispatch investigation, showing repeated irregularities in the absentee balloting process. And it comes as Joyce's office launches a grand jury investigation into possible criminal wrongdoing associated with the election.
As part of the review, Kander's office contacted those who were quoted in an Aug. 31 Post-Dispatch article, including voter Thelma Williams, who told the newspaper she had no idea why multiple absentee ballot applications were filled out in her name. Kander's office also talked with Patricia Bingham, a former Election Board employee who told the Post-Dispatch Hubbard's husband, Rodney Sr., or someone from the Hubbard campaign, would often bring in stacks of absentee ballots to the Election Board office.
Under the board's procedures, only one walk-in ballot is to be accepted at a time, and it must be brought into the office by a relative.
On Friday, Judge Burlison ordered a new election, saying that "the court is firmly convinced" that absentee ballot irregularities "affected the outcome of the election." He said the flawed handling of absentee ballots was "solely the responsibility of the City of St. Louis Board of Election Commissioners." Attorneys for Hubbard filed an appeal. The Missouri Court of Appeals will begin hearing oral arguments at 2 p.m. Monday.
Switzer, a Democrat who replaced former Circuit Judge Joan Burger as Election Board commissioner, deflected questions about assurances that past problems would be remedied for the special election. He said he was focusing on moving forward and not on "what was done in the past."
Asked what the plan would be if an appeals court granted a stay on holding the special election, Switzer said the board was focusing all its efforts on preparing for Sept. 16.
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