Poll watchers filed criminal complaint against election judge

Three Democratic poll watchers have asked the Collin County District Attorney's Office to investigate a criminal complaint filed against an election judge.

Collin County Democratic Party Chairman Shawn Stevens along with fellow poll watchers Deborah Hyatt and Linda Magid each filed an individual criminal complaint with the DA's office earlier this month against election judge James Middleton for showing a "demonstrated disregard for state election law," according to a statement released by the Collin County Democratic Party.

Stevens, Hyatt and Magid said Middleton failed to grant them "the access necessary to observe the processing of voters at the Collin College Spring Creek campus during the early voting period of the November 2008 election as required by Texas Election Code, Sections 33.056 through 33.061," the statement said.

The cited code states poll watchers have the right to observe "activity generally," the preparation of ballots, the securing of voting system equipment before the election and the delivery of the ballots without conversing or communicating with voters. The code also states a person commits a Class A misdemeanor if they "knowingly [prevent] a watcher from observing an activity the watcher is entitled to observe."

Stevens said Middleton committed just such a restriction by not allowing poll watchers access to certain parts of the polling place and observing the proceedings. He claimed that Middleton did not allow the watchers to stand in a certain area so they could observe computer screens to verify voters' eligibility locations.

The three individuals filed their criminal complaint shortly after the Collin County Commissioners Court affirmed his appointment as a deputy early voting clerk and election judge for the Nov. 3 election.

Middleton said the poll watchers were not following proper procedures and impeding the voting process.

"Instead of coming to the judge, me, they would go to the people making mistakes, which they were not supposed to do," Middleton said. "They were totally, totally uncooperative and impeding the voters."

He also said the table he asked the watchers to sit at did not impede their rights as poll watchers or their ability to do their job.

"The space we had at the college was so small that they were in our way and the voters way," Middleton said. "And I put them in a place where they could see and hear everything that was going on just outside the tables were the voting was taking place."

Stevens denied Middleton's claims that the poll watchers impeding the process.

"There was enough room behind those tables for the poll watchers to stand out of the way up against the pillar in enough proximity to see what was going on and to still stay out of the way," Stevens said, "but Mr. Middleton didn't want someone to stand back there, even though that was the only position where we could see the computer screen. It's a pretty critical part of the check-in process."

No official charges have been filed against Middleton as of Thursday. A representative of the DA's office could not be reached by presstime.

Contact Danny Gallagher at dgallagher@acnpapers.com.

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