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    • Sep 3

Henderson County Poll Observers Denied Parking Space because they 'are not voters." Electioneers Okay! Letter to Commissioners.


To Henderson County Commissioners

 

From: Jane Bilello

218 Vincent Place

Hendersonville,NC 28739

209-986-3835


RE:  Poll Observers informed they will be denied parking space at O’Reilly’s during early voting one-stop


Dear Commissioners and Clerk of the Court:


At 2PM on Tuesday, August 27, 2024, Summer Heatherly,  Henderson County Board of Elections Director, held a meeting with Poll Observers at the Henderson Count Board of Elections Office at 75 E. Central Street, Hendersonville, NC 28792. There were approximately 40 in attendance.  It was at that time that we learned that Ms. Heatherly was denying Poll Observers parking access at O’Reilly’s.  Only voters could park at the location. Instead, we were directed to contact businesses in the area and ask for permission to park.  Not only is this a gross disrespect and inconsiderstion for poll observers whose only job it is to assure that the elections are conducted according to law and with full transparency, but it is against Federal Law 18 U.S. Code § 245 - Federally protected activities to interfere with a poll watcher’s  job. (See below)  This is total disregard for the Federal law and disrespect for the work we do.  It is a deliberate move to discourage poll observers from performing their duties by making it very difficult to get to the one stop and obviously making it as hard and dangerous as possible to get there. 


(Keep in mind that the average age of our poll observers is probably 70. Some have underlyning conditions and mobility issues.)


During the 2024 Primary, Poll Observers parked at O’Reilly’s and were driven by golf cart to the early voting site.  (Not the best of circumstances, but it worked.)  At the most, there were two Republican and two Democrat observers taking up four spaces at each four-hour time slot. (Is this not harassment!)  It was not a problem or issue.  This denial of parking space now presents physical barriers to arriving on time by either walking down the four lane Spartanburg Highway from some business that ‘allows’ us to park, or wasting time calling for a golf cart to pick us up.  This adds to the four-hour time slot we have to spend performing our job.  It is obvious that the BOE doesn’t want us there.  What are they hiding?


The BOE and the NCSBOE are seriously violating (Federal Law 18 U.S. Code § 245 - Federally protected activities).  The NCSBE are being sued for legitimate reasons.  (See below.)  They are going to make it as hard as possible for us to assure that our elections are legitimate.


It is obvious that Ms. Heatherly is marching to the orders of the NC State Board of Elections that is currently being sued for failing to follow HAVA laws.  The Board does not want Poll Observers at polling locations and they will make it as hard as possible for us to even get there.   It is nothing more than harassment. 


When I asked Ms. Heatherly for the statute that says Poll Observers will have no parking, she sited § 163-129.  Structure at voting place; marking off limits of voting place. https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_163/GS_163-129.html. Yes. Voters need space to park but so do Poll Observers who are protected by Federal law to perform their duties without harassment.  The NCSBE takes great liberties in flaunting the spirit of the law.  Nothing new. The jigs up.  Again, this was not an issue during the 2024 primary early voting at the Henderson County BOE. Suddenly, under scrutiny by the public for NCSBE dereliction of duty, the NCSBOE directs the local BOEs to choose to harass the very persons who can add credibility and confidence to our elections.  This is a non-partisan issue.  Every legitimate vote should count and only our Poll Observers can testify to that legitimacy.  So why is the BOE making it difficult for us to perform that function?  


Might I remind you, neither Summer Heatherly nor the Board of Elections own the property at 75 E Central.  The county does.  That means that you pay the bills and have oversight. It’s absurd to think that the BOE under your watch entered into an agreement for voters to use O’Reilly’s and excluded 4 parking spots for Poll Observers.  Really! 


There is currently little to no confidence in our elections being fair, transparent by making it easy to vote and hard to cheat.  This underhanded maneuver to undermine Poll Observers’ duties adds to the distrust in our elections and the officials who run them.  Will you not help to right this ship? 


You are our elected officials who perform oversight on the BOE.  It is my hope that this situation is resolved quickly and without further delay so Poll Observers can get back to assuring that laws are followed and it’s easy to vote and hard to cheat.  This is nothing but harassment on the part of the BOE.   Poll Observers perform a vital job.  Poll Observers should not be worried about how to get to our polling location or wasting time in a golf cart down a four-lane dangerous highway because of the obvious disrespect and inconsideration the BOE has for us.


Thank you.  I look forward to your response. 

Jane Bilello

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References below.  

18 U.S. Code § 245 - Federally protected activitie

(b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with—

 

(1)  any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—

 

           (A)  voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election;

          …

           (E)   participating in or enjoying the benefits of any program or activity receiving Federal financial assistance…

shall be fined under this title, or imprisoned not more than one year, or both;  and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under this title, or imprisoned not more than ten years, or both;  and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

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Jane Bilello 209 986 3845


(As of August 28th 2024, the above was referred to the county attorney. We shall see. We can only hope that the county will rectify this situation.)

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