http://www.washtimes.com/national/20021204-5259276.htm

December 4, 2002

GOP cries foul in Maine Senate election

By Audrey Hudson

THE WASHINGTON TIMES

Republicans say they were robbed of the Maine Senate because Democrats
successfully challenged ballots with votes cast by pen instead of pencil
and ballots with Mickey Mouse as a write-in for a judge's race.

A recount was called for the open race between Republican Leslie Fossel
and Democrat Christopher Hall.  As a result, 44 ballots were disputed
and not counted.

Mr.  Hall, who will be sworn in today, has a nine-vote lead.  The
disputed ballots would have given the victory to Mr.  Fossel by five
votes.

Martha Frink, Mr.  Fossel's campaign manager, called it "grand election
theft."

Republicans said ballots filled out with red ink were allowed in one
precinct, but blue and black ink were dismissed in other precincts.
Voters circled Mr.  Fossel's name on some ballots and those also were
dismissed.  Of the district's 22 precincts, only one uses a machine to
cast ballots; the others are done by hand.

"Obviously, the pens were put in the booth," Mrs.  Frink said.

Supporters of Mr.  Hall also eliminated a half-dozen ballots because
votes for Mickey Mouse in a judge's race left a "distinguishing mark
that says we can determine who the voter was," which would be
inadmissible under state law, said Dwayne Bickford, Maine Republican
Party spokesman.

Some voters signed their own names at the top of the ballots.  Those,
too, were dismissed.

"The process really stinks," Mr.  Bickford said.

There are 35 seats in the state Senate, split between the parties
17-17.  When Mr.  Hall is sworn in today, Democrats will have control
18-17.  This gives Democrats control of the House, Senate and governor's
mansion for the first time since 1986.

"We believe the voters' rights are being disenfranchised by this
process.  They need to do what is fair and count all the votes," Mr.
Bickford said.

Gwethalyn Phillips, chairman of the Maine Democratic Party, said the
state has a strict system in handling recounts, a common occurrence in
Maine.

"It is used many times in Maine and it works; it's not a big deal.  The
only reason this is a big deal is that it will determine control of the
chamber," Ms.  Phillips said.

Mrs.  Frink said it is hypocritical of Democratic Party leaders to
prevent ballots from being counted in Maine when they claimed similar
actions occurred in the 2000 presidential election with hanging chads in
Florida.

"In other words, they wanted every ballot to be counted in Florida but
not in this instance, because the shoe is on the other foot," Mrs.
Frink said.

Ms.  Phillips and Anthony Buxton, former co-chairman of the state
Democratic Party, were critical of the U.S.  Supreme Court decision
ending the Florida recount, according to the Dec.  14, 2000, Bangor
Daily News.

Mr.  Buxton said the court decision was as controversial as rulings that
legally segregated whites and blacks and the interment of Japanese
Americans.

"The Supreme Court of the United States is a human institution.
Although the ruling was morally, extraordinarily wrong, we have the duty
as citizens to make sure it doesn't happen again," Mr.  Buxton said.

Ms.  Phillips said at the time that former Vice President Al Gore won
the popular vote for president.

"I'm very disappointed with the U.S.  Supreme Court.  I thought they
would have come up with a better ruling, one that people would believe
would be fair and just," she said.

Ms.  Phillips said the Florida debacle and Maine are not comparable.

"Every vote has certainly been counted in Maine and that is always the
case.  The recount procedures have withstood the test of time, never in
my 25 years in Maine have we had chads.  Maine has a very defined system
and all the votes have indeed been counted," Ms.  Phillips said.

The recounts are open to the public and include one counter from each
party and each candidate's attorney.

Republicans also challenged some ballots for containing distinguishing
marks and not filling in the oval.

Mr.  Fossel withdrew his request for an appeal in the Maine Supreme
Court last week and the state constitution requires the Senate to
resolve the dispute.

That will happen after Mr.  Hall is sworn in and the Democrats retain
the majority.  However, Mr.  Fossel remains optimistic.

"We're not robbed yet.  There is always a chance for things to go
right," Mr.  Fossel said.  "Sometimes you have to give people the
opportunity to do the right thing."

"If they do it any other way they will ultimately participate in their
own destruction.  In one sense, it's a good idea, but that would be
terrible for democracy," Mr.  Fossel said.