Board Turns Over Election Day Harassment, Intimidation Case to DA

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CLEARFIELD – Members of the Clearfield County Elections Board voted Tuesday to turn over an alleged case of harassment/intimidation, which had occurred during the Primary Election in May, to the district attorney.

Commissioner Joan Robinson-McMillen, chair of the Elections Board, said the board had received a letter from Fred Weaver. She said that on Election Day, Weaver had worked at the First Ward polling place where he also appeared on the ballot.

According to her, Weaver has alleged being confronted by a gentleman who became loud, controversial and intimidating. She said that the constable had to intervene and ask the gentlemen to leave the polling place.

Later that evening, Robinson-McMillen said that the gentleman allegedly showed up at Weaver’s home. Weaver’s elderly mother was there at the time, she said, and became very frightened by having someone pounding on their door.

She said Weaver and his mother were forced to stay out of town until the situation had deescalated in Clearfield. After she’d discussed the alleged harassment/intimidation with Weaver in her office, she believed it was best for him to contact police, which she said he did.

According to her, the board had been warned of the potential for an incident at the First Ward polling place prior to Election Day. She said they asked Clearfield Borough police to conduct surveillance to make sure everyone behaved appropriately.

Weaver said he believed it was the board’s responsibility to stick up for the law and elections. He said he “had a guy in his face” who was told to leave the poll by the constable. Then, he said the guy thought it was OK to show up at his home and pound on his door for five minutes while he was on the phone with 9-1-1.

After the alleged harassment/intimidation incidents, he contacted police. However, he believed there was some “confusion” about who should handle his complaint while it involved the election. Because no action was taken by police, he said he wanted the Elections Board to do so.

“You need to tell this kind of person that they’re not a patriot,” said Weaver. “… You need to condemn this kind of shit. It’s not acceptable behavior and ridiculous. It should be condemned by any elected official – Democrat, Republican or Socialist.”

He said it was OK for people to disagree with his political views and advertisement he had placed in the local media prior to the election. However, he said it’s not OK to intimidate someone at the polls and then again at their home, where they reside with their elderly mother.

Board member David McNaul said he believed Weaver’s election rights were violated by the harassment/intimidation. He said this type of behavior cannot be allowed or tolerated at polling places in the future.

Solicitor Kim Kesner said it was the board’s function to consider “suspicious matters” that have potential to be violations of the Election Code. He said the board was not to determine guilt or innocence and only if sufficient evidence existed to refer the suspicious matter to the district attorney.

McNaul said he believed it should be referred to the DA for his consideration so far as the case’s prosecution. Weaver asked if it was possible for his case to “skip” the DA and go directly to the attorney general for fear of how it may be handled with the DA up for re-election.

Kesner said it would be up to the DA to decide if it went to the AG’s office. He said they shouldn’t speculate on how the DA would view and handle Weaver’s case.

Robinson-McMillen assured that Weaver’s alleged case of harassment/intimidation at the First Ward polling place would be handled in a swift manner.

McNaul and Cathie Hughes filled the Election Board seats held by Commissioners John A. Sobel and Mark B. McCracken who are running for re-election.

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