Published: September 22, 2008 10:11 pm      

LEWISTON: Legal action considered in polling issue

New polling site plan is facing strong opposition from Lewiston residents and officials

With one of the most highly anticipated election days less than two months away, the Lewiston Town Board is putting pressure on county officials to make polling site changes — and if it doesn’t happen soon, the town could take legal action.

Supervisor Fred Newlin said Monday it appeared the Niagara County Board of Elections had breached state law by failing to seek input from the town board before shrinking the number of polling sites from eight to three.

According to Newlin, the law states: “Every Board of Elections shall, in consultation with each city, town or village, designate the polling places in each election district ...”

Deputy Town Attorney David Boniello pointed out the law did not present consultation as an optional procedure, but a required one.

Town board members unanimously approved Monday a resolution that the board of elections consult with the Town Board immediately and develop a change within the next 10 days. Otherwise, the town may look at “recourse in court.” Town Attorney Joseph Leone told the Gazette it is not yet clear what sort of legal action that would entail.

The contested new polling sites were put into action two weeks ago for the primaries, causing confusion among voters who had been voting at the same place for decades, town representatives said. Board member Michael Johnson said on primary day, an elderly woman arrived at town hall to vote after already stopping at the library and fire hall. Johnson said he explained to her the new voting site was Bond Lake but she didn’t know where it was.

Board members have criticized Bond Lake being chosen as a polling place because it is a 10-mile drive for some residents and is less handicapped accessible than town hall, which was removed as a polling place under the new plan. They also said it was not a safe area for heavy traffic and cited the fatal car accident along the escarpment Sunday night.

“In all my years on the board, no issue has raised the ire of voters like the new polling places,” said board member Ernest Palmer. “Everyone I talk to is really upset over this issue.”

Porter, which has roughly 2,000 people to Lewiston’s 20,000, has two polling places under the new plan while Lewiston has three, Newlin added. The Town of Wheatfield, which is smaller than Lewiston in both geography and population density, went from 10 polling places to five while Lockport went from nine polling places to five.

Palmer said he has been in discussions with members of the board of elections and was hopeful they would designate additional polling sites in Lewiston. Board member Sean Edwards said if not, the town should consider using its public transportation to assist voters in reaching the voting booths.