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By ANTHONY COLAROSSI; Times Leader Staff Writer
Thursday, June 08, 1995     Page: 1A

PLAINS TWP. — David Williams says he simply helped elderly residents at
the Valley Crest Nursing Home exercise their right to vote in the May 16
primary.
   
But a Taxes No attorney says the nursing home employee’s actions might
constitute a violation of the election code.
    Williams, a resident advocate, acknowledged on Wednesday he had filled out
absentee ballots for about a half-dozen of the center’s residents.
   
Taxes No attorney Bruce Marks said the state election code requires three
appointed officials — representing the dominant political parties — to
assist absentee ballot voters in government institutions.
   
Marks has asked for a Luzerne County District Attorney’s investigation into
absentee ballots at the nursing home. Taxes No opposed a referendum asking for
county funding for the proposed $41.2 million arena/convention center.
   
“I’m not saying anybody intended to violate that (statute), but it appears
that’s what happened,” said Marks. “Obviously it would be better to follow the
statute.”
   
Williams said two election officials arrived at the county-run nursing home
on May 8 to administer the absentee voting of about 50 residents. The
officials arrived later than usual and asked him to assist some of the
residents in filling out the ballots, Williams said.
   
“I said you’ve got about 50 absentee ballots. You’re never going to get
done here,” Williams explained. “They said, `Mr. Williams can you help?’ ”
   
“I said I don’t usually do that,” Williams said. “But since they were from
the county election (bureau), I guessed it was all right. I assisted maybe
five or six (residents).”
   
Williams would not name the election officials.
   
Two ballots were included in each package Williams and the election
officials brought to the voters. One listed the candidates running for
government posts. The other included the question on funding for the
arena/convention center project.
   
The arena question asked voters if the county should incur $22 million in
debt to help fund the arena.
   
Voting on the arena question is the focus of an ongoing district attorney’s
investigation and a Luzerne County Election Board evidentiary hearing.
   
Both inquiries have focused on alleged vote tampering and fraud on the
arena vote. Though no criminal acts have surfaced, the election board decided
to throw out 134 votes from a Nanticoke voting machine because the arena
question slid to the right. The machine registered three columns of votes
instead of two.
   
The board’s decision gave the “no” side a 48-vote victory.
   
Taxes No, the group opposed to all public funding of the arena project,
also cited possible voting irregularities at Valley Crest. Luzerne County
District Attorney Peter Paul Olszewski Jr. said Wednesday he is still
investigating absentee ballot voting procedures at the nursing home.
   
Last week, Taxes No revealed that 71 absentee ballots cast in the 10th Ward
of Plains Township were in favor of the project. Only 15 absentee ballots
returned with “no” votes. The 10th ward includes Valley Crest.
   
Marks said state election law requires officials appointed by county
election boards to deliver, oversee and — if necessary — assist the
completion of absentee ballots in government-run buildings.
   
The appointed election workers are supposed to create an atmosphere similar
to the voting booth, where no undue influence or abuse can occur, he said. The
fact that Williams administered some of the absentee ballots compromises that
idea, Marks said.
   
Williams said he visited residents in their rooms with the absentee
ballots. He denied influencing any voters.
   
“I read the question to them,” Williams said. “Whatever they said, I did.
I’m a resident advocate. I’m not going to take advantage of a resident on
voting. I’m not going to lose my job over an arena vote.”
   
Additionally, Williams said he helped residents fill out applications for
their absentee ballots. That has been a practice by resident advocates for 15
years, he said.
   
Williams said he has gave a similar account to investigators with the
district attorney’s office. He is requesting that the election bureau conduct
all nursing home absentee ballot registrations and voting procedures in the
future.
   
A source close to the district attorney’s investigation said no criminal
wrongdoing has surfaced at the nursing home.
   
Williams said he voted for the arena.
   
Two of the residents Williams assisted on May 8 said they voted against the
arena project and determined their votes on their own. Williams could not
remember the names of the other residents he helped.
   
Williams said only two of the 384 residents at the nursing home are
declared “legally incompetent” by the courts. Those deemed incompetent are
unable to vote, but all other residents have the right, Williams said.
   
“Do I have the right to say: `No you can’t vote?’ ” Williams asked. “They
have the right to vote.”