1-3-03, Political Footnotes

Politicizing the Election Commission Investigation
By Stuart James
IPS Features

A coalition of African American leaders called for the state elections director, Brook Thompson, to launch a full-scale investigation into recent events surrounding the Hamilton County Election Commission.  The investigation, as requested, would cover (a) inaccurate information provided to Joe Rowe and to Johnny Horne, (b) Fran Dzik’s testimony in Chancery Court earlier this month that voter reconciliation reports from the May 7 local primary are missing, and (c) the dismissal of Rita Jones, long-standing Election Commission employee.

Unfortunately, the coalition, in calling for this investigation, missed an opportunity to show true leadership. Instead of calling for an objective, unbiased, fair investigation, the coalition called the current investigation a smear campaign against Hamilton County Commissioner William Cotton. Additionally, the coalition failed to ask for a complete investigation that must include former election administrator Carolyn Jackson. In order to be fair and unbiased, any investigation must be broad-based answering questions that concern every voter in Hamilton County– the inability to have our vote counted.

By leading off with a politically charged statement, the coalition missed an opportunity to bring members of the African American community together--calling for a fair and unbiased investigation. The press conference surrounding the coalition’s effort appears to be an effort to draw fire away from the investigation of Mr. Cotton. In all actuality, the coalition’s efforts may further fuel the fires surrounding Mr. Cotton.

The coalition is led by Mr. Floyd Kilpatrick. As a lawyer, Mr. Kilpatrick is trained to look at issues objectively. As a lawyer, Mr. Kilpatrick should know that Mr. Cotton’s cell phone records show that Mr. Cotton called an Election Commission employee, Rita Jones, more than 150 times from April through October. Additionally, during a hearing on Miss Jones request for reinstatement, Mr. Cotton’s testimony was refuted by three witnesses – none of them who are motivated to lie. One, who is a political new comer, did not know Mr. Cotton. 

Faced with these facts, Mr. Kilpatrick should call for a complete investigation into Mr. Cotton’s conduct and into voting irregularities—even if the request means looking into Ms. Jackson’s tenure as election administrator. Such a request, if truly fair and unbiased, will place Mr. Kilpatrick in the position of being a credible leader for all voters. Mr. Kilpatrick, however, missed that opportunity to lead.

Mr. Cotton, unfortunately, added “salt to the wound” created by Mr. Kilpatrick. Mr. Cotton said “there is still no evidence I’ve done anything wrong . . .   I know nothing about documents or election fraud.” The issue with Mr. Cotton’s statement that there is “still no evidence I’ve done nothing wrong” ignores two important factual questions—(a) the 150 phone calls to Miss Jones and (b) the testimony of three election volunteers stating Mr. Cotton did distribute election information that was found not authorized for public use.

These two factual questions create two very important questions to be answered—(a) why did Mr. Cotton call Ms Jones over 150 times from April through October and (b) why are volunteers stating Mr. Cotton distributed election information when Mr. Cotton denies distributing the information?

The evidence does suggest that Mr. Cotton may know more than he wants to admit. 

In any event, Mr. Cotton should state that he supports a full, fair, and impartial investigation giving him the opportunity to tell the truth. Mr. Cotton’s statement that he believes this is a smear campaign undermines his credibility. 

Mr. Kilpatrick and Mr. Cotton should follow the lead of Mr. Joe Rowe.  Mr. Rowe stated that he supported continued scrutiny of Election Commission and “this might be our only opportunity to see true democracy . . .”

Mr. Rowe is correct.  Any investigation into Mr. Cotton, or the Election Commission, is an opportunity to see true democracy in action.  It is an opportunity to find the truth and to protect our right to vote.

As a society, we have the right to choose our political leaders through the vote.  The right to vote is our strongest form of free speech.  This investigation must preserve that right to vote.  Most important, it must preserve our right of free speech.

Mr. Kilpatrick must call for an investigation that preserves the right to free speech, calling for those conducting the investigation to abide by the laws of this State and this Nation.  As a lawyer, Mr. Kilpatrick should demand that justice remain blind preserving everyone’s right to equal justice under the law, regardless of their race.

Mr. Kilpatrick, unfortunately, failed to do either.

Stuart F. James

sjames139@comcast.net

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