NEWS

ACLU: Red Clay tax vote should be invalidated

Matthew Albright
The News Journal
ACLU Executive Director Kathleen MacRae says: “The ACLU filed this complaint because, above all else, every voter must be given fair and equal access to the ballot box.”

The Delaware branch of the American Civil Liberties Union is calling to invalidate a vote to raise property taxes in the Red Clay school district.

The ACLU claims the district skewed the vote by hosting "family fun nights" at schools where the votes took place, in some cases giving pizza to students if their parents voted. In addition to attracting "yes votes," the complaint claims those events packed parking lots, making it difficult for other voters, especially older people, to make it into the polling places.

The ACLU filed its complaint Friday in Chancery Court seeking to overturn the results and calling for a new referendum.

"The ACLU filed this complaint because, above all else, every voter must be given fair and equal access to the ballot box. That is a fundamental value of our democracy," said Kathleen MacRae, the group's executive director, in a news release. "This complaint has nothing to do with the results of the referendum. It has everything to do with process. Government, including school districts, cannot use their power to rig elections in violation of state and federal law."

Red Clay officials say the allegations don't have merit.

"The assertions in the ACLU complaint are false," said Red Clay spokeswoman Pati Nash. "There were events hosted in our schools, but the events were for all parents, and we did not ask whether those parents were going to vote for or against the referendum."

Nash said the district routinely has parent engagement events and frequently provides food. She said schools didn't ask parents or students whether or how they voted before providing food.

The district also took steps to mitigate parking problems, Nash said. The Department of Elections set aside parking spaces for voters, and the district asked employees to park behind schools to free more space, she said.

"We know it's our responsibility to follow the rules of a referendum, and we believe we did," Nash said.

In one case, the ACLU claims schools parked buses in handicapped parking spots to prevent elderly residents from voting. Nash said buses kept their regular schedules.

The controversy surrounds Red Clay's Feb. 24 request to raise property taxes, which passed 6,395 to 5,515.

The district asked voters to increase taxes by 35 cents per $100 of assessed property value over the next three years. For the owner of an average property in the district assessed at $80,100, that amounts to an extra $280 a year when fully implemented.

Red Clay officials said the increase was necessary to cover growing costs and would allow it to meet changing needs for things like technology and student support services.

In addition to Red Clay, the complaint names the New Castle County Board of Elections, arguing it certified the election results despite being aware of "extensive complaints" about how the vote was conducted.

Anthony Albence, the county Department of Elections director, said he could not comment because of pending litigation.

The complaint is filed on behalf of Rebecca Young and her parents, Elizabeth and James Young, ages 88 and 90. The three claim they drove to a Red Clay school twice to vote against the tax increase, but were unable to find parking.

The ACLU is not the first group to raise concerns about the Red Clay vote.

Several lawmakers took issue with Red Clay after receiving complaints from constituents. At their request, the Attorney General's Office has been investigating the election.

Faced with claims that some people voted multiple times, the Department of Elections expedited a count of the affidavits voters are required to sign when voting.

It found that two people may have voted twice. But the Board of Elections certified the election results, saying the two duplicate votes were nowhere near enough to change the outcome.

Sen. Karen Peterson says, “This was illegal electioneering.”

Sen. Karen Peterson asked the board not to affirm the vote totals, presenting 35 emails from constituents reporting problems. Peterson said constituents reported schools sending students older than 18 to vote during class time and schools placing signs in their buildings urging "yes votes."

"This was illegal electioneering," Peterson said. "In these elections, the schools are bound by the same rules that political candidates are. This would be like me going into a polling place on Election Day and placing signs saying, 'Vote for Karen Peterson,' and giving pizza to people who voted."

Peterson said she is working on legislation that would ban other activities on days when elections are held in schools. The bill also would say that voters would need to be registered to cast a ballot; currently, the only requirements for school tax referendums are that the person be older than 18 and be a citizen and Delaware resident who lives in the affected district.

Contact Matthew Albright at malbright@delawareonline.com, (302) 324-2428, or on Twitter @TNJ_malbright.