Citizens request supervisors approve resolution for hand counting ballots

Hand counting of election ballots will not take place in Holt County anytime soon, despite a request from citizens made at the Sept. 16 supervisors' meeting in O'Neill.

Grace Coleman of Atkinson presented petitions discouraging use of electronic tabulators and encouraging a return to hand counting of ballots at the precinct level. She said individuals from Holt, Boyd, Antelope, Cedar, Knox, Dixon and northern Pierce counties signed the petitions, which were circulated over the summer months.

Coleman said 464 Holt County residents signed the petition. Five percent of registered voters - or 348 signatures - were necessary for the petition to be valid.

Slightly more than 1,750 signatures were collected from all counties.

According to Coleman, ongoing concerns still exist about the 2020 Presidential election. She claimed Nebraska's Secretary of State, Bob Enven, has a maintenance contract with ESS, the company that supplies tabulators used in Nebraska's elections. She reported funds from the Help America vote Act were used to purchase the machines.

"The useful life of an ESS machine is three to five years. Ours were purchased in January 2020, so they're more than middle aged right now," she said.

Coleman asked if the county will have to raise property taxes to continue to use ESS machines. She claimed maintenance for the tabulators runs $3,000 a session and $1,500 for insurance.

Instead, she suggested the county use the $4,500 to pay citizens to hand count ballots.

"This is a non-partisan concern ... Our government as we know it may end with the next election," she said. "None of us have a degree in computer science so we, the people, cannot assure anyone that our ballots are being counted accurately by machines," Coleman said.

A resolution regarding hand counting, written in 2020 by Holt County Attorney Brent Kelly, was presented. Chairman Bill Tielke asked if the county attorney had discussed the resolution with any board members.

"I'm surprised he would present a resolution to come forward and want us to adopt and has never mentioned a word," he said.

Coleman repeated the resolution was written in 2020, after she and other citizens previously approached the board about hand counting.

SAM was unable to reach Kelly for comment about the resolution.

Barb Otto, of Spencer, said hand counting used to be "the gold standard." It requires two Democrats and two Republicans, who face each other, and count aloud as tally sheets are marked. Counting sessions may be video recorded. She claimed an average hand count, using this system, can record 100 votes per hour.

"No one disputes that Cathy (Pavel) has done an outstanding job. It's what's happening inside the secret locked tabulators that we're questioning," Otto said.

She urged supervisors to approve the resolution so it, along with the gathered petitions, could be given to State Sen. Barry DeKay, who will present the information in the legislature.

Tielke asked DeKay, who attended the meeting, if he believes the issue will be addressed in session.

According to DeKay, a bill addressing hand counting did not move out of committee last year. He said he's also waiting to speak with Enven, and did confirm the state has a contract with ESS.

"In order to check to see if there is anything in them, it would be a breach of contract and would open up litigation if one of the machines would be taken apart," DeKay said. "At some point, this needs to come to a head, talk about it, vote on it. If it works, great. If it fails, then we go on with life."

Tielke responded, "Who can point out one thing that's either happened in Holt County or in these counties to draw a flag that says, 'We have a problem.' Someone needs to come forward and show where something has happened that shows the system Holt County uses is a problem."

DeKay said he's been in contact with county clerks from his legislative district.

"I've been assured that these are accurate machines with no hardware, hard drive in them," DeKay said. "The people who are here today have the same assurance there could be something going on."

DeKay proposed the use of machines that are federally approved.

"It's time to put it on the table and let the chips fall where they may as we move forward," DeKay said.

Tielke asked supervisors if they had concerns or know if the current counting method isn't working.

"If Holt County doesn't feel it's not working, why do we want to be one of the first to get out ... Unless someone can point out an injustice, why are you expecting Holt County to be the first guinea pig?" Tielke asked.