Dan's Papers - June 27, 2008

An election was held last Friday in the Village of Westhampton Beach and I thought it was of far more than passing interest. The Mayor and three of the trustees, members of the "First Hampton Party" were up for re-election. They were being challenged by a mayoral candidate the "Hurricane" Party (Tim Laube), candidate for trustee from the "Anchor Party" (John Roland) and an additional write-in candidate for trustee (Elyse Richman). She owns a store on Main Street in Westhampton Beach. Much of the race was contentiously fought over the internet (see article by David Rattiner).

On election night, the incumbent Mayor, Conrad Teller, who used to be the police chief there, was elected by a wide margin for re-election over challenger Tim Laube. However, the ballots were immediately impounded after the election at the request of lawyers for the Anchor Party because of what they claimed were widespread irregularities. Popular local resident John Roland, following the count of absentee ballots, was reported to have received 321 votes, failing to win by just 2 votes. James Kametler, the sitting Deputy Mayor who is a retired police officer and was widely thought to be vulnerable due to various charges leveled against him, was reported to have received a total of 323 votes. However, although there was a difference of two votes by the three counters tallying the absentee ballots, a recount was not done at the time. Despite there being only 39 absentee ballots to recount, the parties were told to "call it a night" and votes would be locked up and recounted on Monday. Understandably, the volunteers were tired and had had enough at this point.

On Monday, as required by law, representatives of both parties were in the room where the votes were being tallied. The result was a difference of only one vote after the absentee ballots were recounted, with James Kametler having 323 and John Roland with 322. Also as is the law, official decisions, involving controversies that might arise, were allowed to be brought up for challenge. And now they have been.

The charges are as follows:

A local businessman, Johnny Chih, who owns a Chinese restaurant in town and lives outside of village limits, has voted for years and continuously been challenged. This year, he, his grown son, and two other individuals all showed up producing drivers' licenses claiming to live at the restaurant, along with an attorney to produce affidavits that they lived at the facility and therefore entitled to vote. Although there is a small apartment above the restaurant, it is widely known that neither Johnny Chih nor his son, and more than likely the other two individuals as well, do not live there. They maintain much nicer residences outside of village limits, reportedly in East Quogue, that they go home to every night. These four votes should not have been counted. Multiple signs on the property of the restaurant clearly showed they favored the incumbent First Hampton Party, of which Jim Kametler is incumbent trustee. Elyse Richman had gotten enough signers on her petition to run for office, but her petition was disallowed when, it was shown, that she had signed her name attesting to the petition on the wrong line.

This challenge was raised by The First Hampton Party, and she was not allowed to be formally on the ballot, although voters could do write-in ballots for her. A pencil and piece of paper dangled from the inside of the machine with her name misspelled.

Some voters claimed they found levers to be inoperative in the voting machine (there was only one machine). Voters who attempted to effect their right to make a write-in vote for Elyse Richman were offered no assistance despite instructions saying that if a voter were confused, a representative from each party would accompany them into the voting booth to explain the procedure. Further, once a lever was pulled down to make a write-in vote, other levers (such as to make a vote for trustee) became inoperable.

The name of the Tim Laube's party challenging Conrad Teller for the mayoral spot was listed on the ballot as "Heritage Party" even though it was "Hurricane Party." It was said that the printing of the name of the party was done by a printer with close ties to one of the First Hampton Party incumbents.

A number of people claimed they came to vote only to be turned away, with the people in charge saying that they were not registered. Since representatives from both parties had supposedly identical lists, and these people were on the challengers' list, it made no sense. Furthermore, after 5 pm when people came to vote, and were told they were not on the list, they were told to "go downstairs in village hall and straighten it out," but nobody was down there.

Finally, there is the matter of a demand apparently made of a blogger in Westhampton Beach named Dean Speir, a longtime resident of that town who a few years ago got a job as Village Website webmaster. While in that job, he apparently became very incensed and, continuing with his job, ran for Mayor. After he lost, he was also fired. The Mayor fired him with the delighted approval of Mr. Kemetler.

Recently, the intrepid blogger, found some websites advertising Mr. Kemetler's house as a "Bed and Breakfast," even though there was no such legal permit for him to do so. And there was no record he ever paid any taxes on the money he made off of the people who allegedly stayed there. So, Mr. Speir got a letter from a lawyer demanding that he "cease and desist" operating his blog. The writer claimed that everything written on the blog On the Beach - Off the Record, Heard on the Street and Behind the Scenes -was a lie, scandalous and actionable.

Nothing further came of it and the blog www.whbqt.info continues. But it is believed to be the first time in America that a blogger was told not to remove one particular item so indicated, but everything whatsoever that he ever wrote.

The end result of all of this, as of Monday evening, everything was all impounded and sent to Yaphank. The Anchor Party says they are going to continue to contest the propriety and results of this election.