United States Department of Justice United States Attorney District of Connecticut 157 Church Street, 25th Floor New Haven, Connecticut 06510 (203) 821-3700 Fax (203) 773-5376 E-Mail: USACT.Citizenscomplaint@usdoj.gov www.justice.gov/usao-ct CITIZEN’S COMPLAINT FORM Please note: The United States Attorney is responsible for the prosecution of violations of federal laws and for representing officers and agencies of the federal government in civil actions. Accordingly, our office can only undertake those cases falling within our authority. If you will provide us with the facts of your complaint, inquiry will be made to determine whether the facts merit action by this Office. If you have any questions, please indicate them on this form. You make take this form with you and when you have completed it, mail it back to the above address. ______________________________________________________________________________ DO NOT WRITE ABOVE THIS LINE Today=s Date: 05/28/20 ______________________ Your Name: Cynthia J McCorkindale _____________________________________________________________________________ Address: 19 Elgin Avenue _____________________________________________________________________________ Bethel, CT 06801 ____________________________________________________________________________________________ Phone Number: (203) 733-7554 Your E-Mail: mccorked@gmail.com _____________________________________________________________________________ Yes ✔ No Were you referred to this Office by any agency or, public official? If yes, please name them: ______________________________________________________________________ ___________________________________________________________________________________________ If you have an attorney representing you in this matter, please give the full name and address: _________________ N/A ____________________________________________________________________________________________ Q Yes Have you advised your attorney of the complaint to this office? ✔ Is there a court action pending which pertains to this matter? Q Yes Q No ✔ Q No If yes, please give case number and court: __________________________________________________________ List all public agencies you may have contacted regarding this complaint: _________________________________ I filed (erroneously) with the Voting Rights Section of the DOJ on May 10th ____________________________________________________________________________________________ May 27, 2020 Mr. John Durham, Esq. US Attorney's Office New Haven Office Connecticut Financial Center 157 Church Street, Floor 25 New Haven, CT 06510 (203) 821-3700 USACT.Citizenscomplaint@usdoj.gov INTRODUCTION I, the undersigned, Cynthia Jean McCorkindale, request that this document be considered a formal complaint against His Excellency, NED LAMONT, GOVERNOR OF THE STATE OF CONNECTICUT, in his official capacity; First Selectman Matthew Knickerbocker, Selectmen Richard Straiton and Paul Szatkowski, aka the BOARD OF SELECTMEN, TOWN OF BETHEL CONNECTICUT, in their official capacity; and the HEALTH DEPARTMENT DIRECTOR, TOWN OF BETHEL, CONNECTICUT: Laura L. Vasile, in her official capacity. Currently, I serve as a member Bethel Board of Finance, in year two of my second four-year elected term. I am the Chair of the Bethel Independent Town Committee, and former Chair of the Bethel Action Committee, a taxpayer advocacy group founded in 1986. BACKGROUND Bethel, Connecticut is a town of approximately 19,000 residents. Like 60+ other Connecticut municipalities, Bethel operates under a TOWN MEETING FORM OF GOVERNMENT and a TOWN CHARTER. This means that over the course of our fiscal year (July 1 to June 30) the Board of Finance proposes what they consider to be a reasonable budget to Bethel taxpayers at a PUBLIC HEARING, and subsequently, at the ANNUAL TOWN MEETING. It is the Town Meeting that, by Connecticut General Statute and the Bethel Town Charter, serves as the voting body that sends the final proposed budget on to referendum for a machine vote. COMPLAINT It is my contention that, by denying us our right to vote on our annual budget, CONNECTICUT GOVERNOR NED LAMONT, by issuance of Executive Orders 7c, 7i, 7s and 7hh, has, in effect, modified, albeit temporarily, our TOWN CHARTER, which, by statute, can be changed only by an appointed Charter Revision Commission and subsequent referendum. Therefore, Governor Lamont has, more importantly, usurped the right to vote from the taxpayers of Bethel, and from every municipality in Connecticut that operates under a Town Meeting form of government and Town Charter. THE BETHEL BOARD OF SELECTMEN are complicit in their failure to challenge these Executive Orders, further demonstrated by their total lack of intercession or advocacy on behalf of the voters to appeal or request additional information or permission for any alterations to the Executive Orders. Attached are communications between myself and the First Selectman, Matthew Knickerbocker, as well as Facebook posts where he emphatically states that he does not intend to push back or “insult” the Governor by asking the same question repeatedly. (EXH 9) What Mr. Knickerbocker did not disclose (to me or anyone else for that matter), was that he had issued a signed, notarized statement dated March 27, 2020 (EXH 1), declaring his intention to follow the Governor’s Executive Orders AND uphold the Bethel Town Charter. I believe that the two commitments are mutually exclusive and CANNOT be kept simultaneously – in other words, one can either adhere to the Governor’s Executive Orders OR uphold the Town Charter, but not both. Connecticut General Statutes Chapter 98 Municipal Powers 147 C. 60. When charter provision requires that act be done by ordinance, action taken in some other form cannot receive effect unless it is established that it was taken with all the formalities of, and published in the same manner as, an ordinance. Bethel Town Charter § C4-5 Power to Enact Emergency Ordinances. On a declaration by the Board of Selectmen that a state of public emergency exists endangering the lives, health or property of citizens, the Board of Selectmen may enact ordinances to meet such emergency. No public hearing shall be required for emergency ordinances. Emergency ordinances shall become effective immediately and shall be published in a newspaper having a general circulation in the town as soon as possible thereafter. The local HEALTH DEPARTMENT Director, Laura Vasile, is also complicit as it is her rendered opinion (EXH 2), on which the Board of Selectmen based the decision to not hold an in-person referendum. This decision was contradictory to the process outlined by the State Board of Education, which laid out a “safe” program for the distribution prepared meals, called “The Emergency Feeding Program,” which has been in operation for several months already, without incident. People queue up in their cars. The meals are prepared in advance in the school’s kitchen. The meals are then packed up by volunteers and then hand-carried to the recipient’s car and placed inside. All wear masks and gloves. Similarly, the Bethel Registrars laid out a proposal for safe in-person voting. These procedures were nearly identical to those proposed by the State Board of Education. See table below: For complete information, see attachments. I have just pulled out a few from each for comparison: EMERGENCY FEEDING PROGRAM – STATE OF CT BOARD OF ED All staff involved in the preparation, handling, distribution or delivery of food and educational materials/supplies and cleaning of frequently used areas and surfaces must: Wipe down all touched surfaces (pens and pencils, pin pads, clip boards, oven and steamtable knobs, refrigerators, milk coolers, tables, counters, etc.) with sanitizer solution often, at set up, during take down, and when any possible contamination IN-PERSON VOTING PROPOSAL – BETHEL CT REGISTRARS When the Registrars, Assistant Registrars and Moderators, set up the polling places on March 9th, they used Clorox or Lysol Wipes to clean the privacy booths, voting tabulator and the Accessible Voting System (AVS). Throughout March 10th, the Assistant Registrars and Relief Workers wiped down the privacy booths and pens periodically. Hand sanitizer was available for poll workers and voters. Note that at Stony Hill, someone during the day stole the hand sanitizer. If appropriate, serving tables should have boxes of gloves, hand sanitizer, disinfectant and wipes, probe thermometers, thermometer probe sanitizing wipes, production record/ temperature logs, etc., and bags or wastebaskets for safe disposal of all items. Poll workers will be provided gloves and masks. Poll worker training will include instruction on how to wear a mask and how to remove gloves. Workers will be instructed to safely remove and discard gloves prior to taking a restroom break or a food break. The Moderator will issue new gloves to workers as needed. Maintain a minimum distance of 6 feet between people, including staff. Security or crowd management staff should make announcements throughout the process to reiterate The sidewalks and floors leading up to the polling place as well as inside the polling place will be marked off with blue tape indicating 6’ separation. the importance of social distancing protocols. Wipe down high-touch office areas and items with sanitizer solution often (door handles, phones, keyboards, mouse/mouse pads, light switches, etc.). As the new pen supply dwindles at the Ballot Clerk’s table, the Assistant Registrars or Relief Worker will sanitize the used pens collected at the Tabulator Station and give them to the Ballot Clerk for reuse. NOTE: (EXH 3). The memo from the State Board of Education regarding the “Emergency Feeding Program,” contains no identifying information on the Department of Education’s memo, nor is there any signature or date. This protocol does not appear to be co-sanctioned by the State Department of Health. TOWN MEETING FORM OF GOVERNMENT 1) As you know, New England comprises six states: Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire, and Maine. Within each state are multiple municipalities which, like Bethel, operate under a Town Meeting form of government. 2) NONE OF THE GOVERNORS IN ANY OF THESE STATES, with the exception of CONNECTICUT, has issued an Executive Order or series of Executive Orders which specifically targeted the annual budget process and authorized the Boards of Selectmen to empower the Boards of Finance to be the sole decision-makers and approve the annual budget and subsequent establishment of a mill rate, thus divesting the voters of their voice. 3) The fact that the decision-making was laid solely on the Board of Finance created an almost chaotic atmosphere in a town in an already factious political climate. While some taxpayers were lackadaisical about not voting, a good many were extremely angry that the Governor, seemingly arbitrarily, abrogated this right. The Governor’s Executive Orders took a long-serving process with built-in checks and balances and turned it into a partisan exercise, and the Board of Finance members voted with their party, four to three. EXECUTIVE ORDERS ISSUED BY GOVERNOR LAMONT 1. EXECUTIVE ORDER 7c ISSUED 15 MARCH 2020 #5 of this order extends budget adoption deadlines and otherwise allows the Town Meeting process of Public Hearing, Annual Town Meeting, and machine vote referendum. Note the language in the Executive Order - #2, 3 and 4 begin with the word “Flexibility.” In terms of our referendum, there was no flexibility offered. s 2. EXECUTIVE ORDER 7i ISSUED 21 MARCH 2020 #13 of this order suspends the requirement for an Annual Town Meeting and gives the Board of Selectman the power to bestow all budget-making authority to the Board of Finance, thus usurping the voters’ right to vote on the annual budget. This is a radical transformation of the traditional role of a Board of Finance. The role of the Board of Finance (an ELECTED board) is to submit what we believe to be a reasonable budget for the taxpayers of Bethel, the legal legislative body, to approve or reject at referendum. This decree by the Governor cedes so much power to the fiscal authority, devoid of any legislative action, that my participation in this process has created a conflict inside my own mind as to whether I should participate at all. 3. EXECUTIVE ORDER 7s ISSUED 01 APRIL 2020 #7 of this order appears to remove all in-person voting requirements for time-sensitive issues i.e. annual budget, and yet, specifically states that statutory process including public hearing, annual town meeting and subsequent voting can occur if first vetted by State OR local health authority. On 21 April 2020, our very capable Registrar of Voters. Mr. Tim Beeble presented a voting protocol that significantly reduced risks for contracting COVID19, which was in line with the Governor’s Executive Order. (attachment votingproc.pdf). It also included a succinct timeline of the progression of the Executive Orders affecting the voting process. Mr. Beeble’s process proposal is a response is to Executive Order 7s (EXH 4). The contradiction here is that The Connecticut State Department of Education issued GUIDELINES to Connecticut School Districts outlining a detailed procedure for the safe distribution of subsidized lunches and school supplies, while our Local Health Department warns against having a referendum for health reasons. I find it outrageous that the Bethel Board of Selectmen, who requested an opinion exclusively from the Bethel Health Department, and, knowing about the lunch guidelines, failed to request opinion from the State of Connecticut Health Department or consult with the State Board of Education. Additionally, several Connecticut towns, for example, Vernon, have gone forward with “drive-up” voting as a safe voting procedure, with no negative consequences or sanctions. 4. EXECUTIVE ORDER 7hh ISSUED 01 MAY 2020 #1 of this Executive Order appears to be a clarification of a previous order, 7i. This Order was so poorly worded that it provoked a firestorm of confusion amongst Connecticut boards and commissions, including Bethel. It is this order, 7hh, that finally closes the door on all in-person voting on annual budgets, safe or otherwise, while, at the same time, allowing public hearings and special town meetings on any other issue. Apparently, the Governor felt the need to clarify his prior order. CASE REFERENCES • Citing a Connecticut Superior Court MEMORANDUM OF DECISION by Judge H. Hammer, dated 07 November 1979, in the case of Vydra vs. Syrliac et al. (EXH 5) The relative roles of the Board of Finance and the Town Meeting were aptly delineated by the State’s Supreme Court in Benham v. Potter, 77 Conn. 185 (at p. 199) as follows: “Nothing is plainer than that the Board of Finance was never intended to be the dominant power in respect to the finances of the town. Its work is required to be submitted to and considered by the voters in town-meeting assembled. The power of revision by the majority action is carefully preserved. Its influence as a conservative and restraining force is recognized; its dominance is not, and any attempt to import it into the Act by construction is in violation of its evident spirit.” • Darren Bailey vs Governor Jay Robert Pritzker in his official capacity; Case No. 2020-CH06 (EXH 6) #5. Plaintiff has shown he has a clearly ascertainable right in need of immediate protection, namely his liberty interest to be free from Pritzker’s executive order of quarantine in his own home. • WASHINGTON STATE OPINION AGO 1991 No. 21, opinion of Attorney General Ken Eikenberry: “Can a Governor, without statutory authority, create obligations and responsibilities having the force and effect of law by issuing an Executive Order for the protection of wetlands?” The answer to this question is no. (EXH 7). • MEMORANDUM FOR THE ASSISTANT ATTORNEY GENERAL AND ALL UNITED STATES ATTORNEYS – 27 April 2020. (EXH 8). From: The Attorney General Subject: Balancing Public Safety with the Preservation of Civil Rights • ONLINE PETITION signed by 593 Connecticut voters as of date of this complaint, was launched 26 April 2020. CONCLUSION and REQUESTED REMEDY The opportunity to vote in a machine vote referendum on the 2020-21 annual budget has now passed. On Thursday, May 14th, the Bethel Board of Finance majority voted to approve a nearly 1% tax hike, with a $1.5 million of new spending. After nearly seven years on the Board of Finance, it has been my experience that, time after time, if the voters believe that a proposed budget increase is wrong, they will vote it down at the machine vote. This is the built-in safety that disperses power and thus obviates partisan decision-making on the annual budget. The Governor’s Executive Orders denying this right not only disenfranchised the voters of Bethel, but also several other Board of Finance members, like myself, who struggled with having been given what we considered unconstitutional authority that we neither anticipated nor wanted. As for my participation, I chose to “abstain” from the vote, citing that I did not believe it was a legal proceeding. The Governor of Connecticut has stepped outside his authority in the selective abrogation of our voting rights, an act which is contradicted by the State‐issued guidelines for the safe distribution of meals, citing procedures effectively identical to those outlined by the Bethel Registrar of Voters. Further, neither the Bethel Board of Selectmen nor the Bethel Health Director offered any criteria or references to clarify their position on the cancellation of our budget referendum, and simply, without question, implemented the Governor’s orders. Therefore, I respectfully am requesting that you do, here, as Attorney General Barr requested in his Memorandum dated April 27, 2020, (EXH 8), and open an investigation to determine whether the Governor or the local Board of Selectmen and Health Director crossed the line from an appropriate exercise of authority to curtail the spread of COVID-19 into an overbearing infringement of constitutional and statutory protections, is issuing, and implementing, the above cited Executive Orders that disenfranchised not only the people of Bethel, but also their elected Board of Finance members. To quote Attorney General Barr, “The Constitution is not suspended in times of crisis.” As Attorney General Barr stated in his memo, the Department of Justice has been directed to oversee and coordinate efforts to monitor state and local policies, and, if necessary, take action to correct them. I am asking that, as part of the Department’s directive, you utilize your oversight authority to review the above Complaint, to investigate the facts, and to take all corrective action necessary, including, but not limited to, addressing this overreach in federal court. The overarching irony here is that, Connecticut, (later nicknamed The Constitution State), issued The Fundamental Orders of Connecticut in 1639, considered by many to be the first “Constitution.” The Orders outlined a Government based in the rights of an individual. Today, the individual rights in the Orders, with others added over the years, are still included as a "Declaration of Rights" in the first article of the current Connecticut Constitution, adopted in 1965. In conclusion, the only remedy I seek is for a fair investigation into the constitutional violations, and, if necessary, for you to bring any overreach to the attention of the federal court for an appropriate opinion and corrective action. This is the first time in my life that I have deprived of a basic right. If your investigation reveals, or if the court, rules that there is a good reason for that, I will defer to that decision. I believe in the American justice system. Whatever judgment or opinion you arrive at, it should apply to all the Towns in Connecticut with a government structure like Bethel’s – Town Meeting plus a Town Charter – as the Executive Orders were expected to be followed by them as well. Thank you for your time and attention to this matter. I look forward with great anticipation to your response. Cynthia J. McCorkindale 19 Elgin Avenue Bethel, CT 06801 (203) 733-7554 mccorked@gmail.com ATTACHMENTS FIRST SELECTMAN OFFICE Clifiurd J. Hurgin Municipal Center? I Seheel Street Hethel. Cunneetieut Teleph?ne: Hui-3501 ilrll'h-u LIJI-Ilrrh-lnl RNA-mile ?re-J" khan-I.- I rq-I-I'Iu hush-hr hl-Flr I'Iruyi'm-H-n' LDCAL CIVIL PREPAREDNESS EMERGENCY EL, ET WHEREAS, Fimt dues find: 1. 111m due la The C??n?lD?l? Pandemic Tue-In ufHeIhI-l is. I'rteing a Ii einil exercise Elms: pal-Hers. inneliene and duties prescribed by Siete law mike-bl: nrdinanees. reseluliens. speciei eels. and Ihe Tuwn 5 :i?iliiriliae. Ihe et'i?eels ?fe-11in emergency. I171 EXH 2 BETHEL HEALTH DEPARTMENT Clifford J. Hurgin Municipal Center, 1 School Street, Bethel, Connecticut 06801 (203) 794-8539 To: Matthew Knickerbocker, First Selectman Date: April 23, 2020 From: Laura L. Vasile, Director of Health Subject: Risk of Exposure at a Bethel Referendum Held At this Time The State of Connecticut, Department of Public Health, Epidemiologists, and local directors of health, utilize ACT Now for modeling information concerning the risk for illnesses, hospitalizations and possible deaths. See ACT NOW for current modeling data at i am seriously concerned about the Town of Bethel providing a referendum that attracts residents out of their homes to vote on the town budget while the pandemic is still at a high level of concern. Voters may feel it is their responsibility to come out and vote. The Governor's Declarations went from limiting groups from 250 to five (5), required significant closures of businesses and organizations, ordered use of safe store procedures, and use of face coverings in public. Even with use of limiting the number of residents in a group setting and maintaining six (6) feet separation, there is still a significant risk that voters and others are exposed to in the referendum setting. Based on present modeling information it appears that the Town of Bethel would be increasing the risk of CO exposure and possible illness, if a referendum is held. The national news has several articles deliberating the rate of exposure and illnesses attributed to Wisconsin?s vote that occurred earlier in April 2020. That Voting activity and the potential related increase in exposure and illnesses are being reviewed at this time. There is no current method to provide a referendum in a manner that would meet Governor Lamont?s criteria for conducting such meeting, approval process, or referendum in a way that signi?cantly reduces the risk of transmission of CO No matter what measures are implemented together, there is still a risk of exposure and potential for illness to occur at a referendum held now. The Bethel population of 19,714 includes approximately 14% of older adults 65 years over. Many have chronic diseases and other health problems making them more susceptible to Illnesses and death are occurring in every age group. Based on the discussions held with the State of Connecticut, Department of Public Health, Epidemiologist?s, and with the Registrar of Voters, concerning the COVID-19 pandemic status in the town and state, together with the ACT NOW modeling, there are no public meeting procedures that would prevent the risk to residents from exposure and illness. A referendum should not be held at this present time since it would increase the risk of exposure and transmission of and not protect the health of Bethel voters and residents. Cc: Martin J. Lawlor, Town Counsel Pandemic\Memo to F3 re Risks of Exposure if Referendum held Now04232020 EXH 3 STATE OF CONNECTICUT DEPARTMENT OF EDUCATION COVID-19 Considerations for Distribution of Emergency Meals and Educational Materials/Supplies Below are recommendations to ensure the health and safety of staff and the public in the distribution of meals and educational materials/supplies during the COVID-19 outbreak. It is important to note that each school district and local health department or health district may have different or additional requirements, instructions, guidance and recommendations for staff involved in the district’s operations. This guidance is not intended to supersede policies from local authorities. All staff involved in the preparation, handling, distribution or delivery of food and educational materials/supplies and cleaning of frequently used areas and surfaces must:            Reinforce sanitation, food safety, and food handling principles, regulations and training. Avoid touching eyes, nose, and mouth at all times. Wash hands or use sanitizer that contains at least 60% alcohol after touching face. Cough or sneeze into a tissue or into elbow. Dispose of tissues in a lined wastebasket. Wash hands after coughing or sneezing. Wash hands frequently. Wash hands for at least 20 seconds with soap and warm running water. If soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol. Cover all surfaces of your hands and rub them together until they feel dry. Stay home if feeling ill and report any illnesses to supervisors. Wear gloves for all tasks. Change gloves frequently, between tasks and/or if they are possibly contaminated (e.g., someone sneezes). Wipe down all touched surfaces (pens and pencils, pin pads, clip boards, oven and steamtable knobs, refrigerators, milk coolers, tables, counters, etc.) with sanitizer solution often, at set up, during take down, and when any possible contamination occurs (e.g., someone sneezes). Wipe down high-touch office areas and items with sanitizer solution often (door handles, phones, keyboards, mouse/mouse pads, light switches, etc.). Try to limit doorknob usage. Have paper towels adjacent to doors to use for opening. If gloves are used to open a doorknob, discard, wash hands and replace gloves. Limit touching cell phones and remove gloves before touching cell phones. After putting cell phones away, wash hands and replace gloves. COVID-19 Symptom Self-monitoring:  If an employee has had a fever with cough or shortness of breath, whether or not they have been diagnosed with COVID-19, the employee should stay home and away from others until 72 hours after the fever is gone, symptoms are improving, and it has been at least 7 days after symptoms started.  If an employee has been identified as a close contact or household contact of a person with confirmed COVID-19, it is recommended the employee stay home for 14 days after the last exposure. P.O. BOX 2219 HARTFORD, CONNECTICUT 06145 An Equal Opportunity Employer Food and Educational Materials/Supplies Distribution Protocols:  Maintain a minimum distance of 6 feet between people, including staff.  Enforce strict protocols that recipients line up at least 6 feet apart to receive meals or educational materials/supplies.  Security or crowd management staff should make announcements throughout the process to reiterate the importance of social distancing protocols.  Avoid touching anyone when handing out food and educational materials/supplies (no handshakes, high-fives, elbow touches, hugs, etc.). If accidental contact is made, wash hands and replace gloves before returning to distribution.  Hand food or materials/supplies to recipients at arms-length or place on tables for recipients to take.  Do not lean into car windows to distribute food or materials/supplies.  Restrict recipients from handling any items (such as milk cartons, meal kits, educational packets, or electronic devices) they will not be taking.  All delivery vehicles should have gloves, tissues/Kleenex, disinfectant, wipes, and bags or wastebaskets for safe disposal of all items.  If appropriate, serving tables should have boxes of gloves, hand sanitizer, disinfectant and wipes, probe thermometers, thermometer probe sanitizing wipes, production record/temperature logs, etc., and bags or wastebaskets for safe disposal of all items. Page 2 of 2 Connecticut State Department of Education EXH 4 BETHEL REGISTRAR OF VOTERS - NANCY RYAN (D), TIM BEEBLE (R) Timeline March 10th Bethel Registrars hold a Capital Expenditure Referendum with some safety measures. March 14th Executive Order 7 Suspension of in-person meeting requirements, permitting video meetings whereby public has access to listen to or view meeting in real time. March 15th Executive Order 7c Closed public schools in CT. Extended Charter deadlines for adopting annual budget, permitting 30-day extension. March 16th Executive Order 7d Closes gyms, eat-in restaurants, bars, theaters. Prohibits gatherings of more than 50 people. March 19th Executive Order 7g Postpones Presidential Primary to June 2nd. March 20th Executive Order 7h Stay at Home Order – closing of non-essential businesses. March 21st Executive Order 7i Mandates that in towns with a Town Meeting form of government, the Board of Selectmen shall appoint the Board of Finance to adopt a budget and set a mill rate without holding inperson votes or a referendum as required by Charter. March 22nd Executive Order 7j Modifies E.O. 7h to permit non-essential businesses to offer only remote ordering combined with delivery or curbside pickup of products. March 25th Vernon Registrars conduct drive-through voting following a video Special Town meeting. March 26th Executive Order 7n Modifies E.O. 7d to further restrict social gatherings to no more than 5. This does not apply to government operations and private workplaces. April 1st Executive Order 7s Allows in-person voting if the balloting process is approved by the State Health Department as significantly reducing the risk of transmission of COVID. Coronavirus Safety Measures in Voting – Bethel, CT On March 10, 2020, the Bethel Registrars of Voters administered a Referendum on a Capital Project for a Water Storage Tank. While not required to do so by any government order, the Registrars instituted the following safety measures and modified our voting procedure to reduce voter/worker interaction: Checker: - inspect the Voter ID but do not touch it. -after crossing out the voter name, the Checker asks the voter to pick up a ticket from the table. Ballot Clerk: -directs the voter to place the ticket in the box, - slips a single ballot from the plastic wrapped pack, and -directs voter to take a privacy folder from a stack on the table if they want one. (Note: most voters opted to decline a privacy folder. Also, tickets were not reused during the day) Tabulator Tender: If a voter took a privacy folder, the Tabulator Tender directs the voter to place it in a cardboard box after feeding the ballot into the scanner. The folders were not reused again that day. Sanitizing: When the Registrars, Assistant Registrars and Moderators, set up the polling places on March 9th, they used Clorox or Lysol Wipes to clean the privacy booths, voting tabulator and the Accessible Voting System (AVS). Throughout March 10th, the Assistant Registrars and Relief Workers wiped down the privacy booths and pens periodically. Hand sanitizer was available for poll workers and voters. Note that at Stony Hill, someone during the day stole the hand sanitizer. Refinements of the March 10th Coronavirus Voting Procedure for the Future: PPE: Poll workers will be provided gloves and masks. Pollworker training will include instruction on how to wear a mask and how to remove gloves. Workers will be instructed to safely remove and discard gloves prior to taking a restroom break or a food break. The Moderator will issue new gloves to workers as needed. If the State is under an order to wear a mask, voters will not be allowed in the polling place without wearing some form of face covering. Press releases, posts to social media, and a Reverse 211 call would inform voters of the need for compliance with the mask order when voting. If available, Polling Places will be provided with a small supply of extra marks that could be made available for any voter who insists that they do not have one. Hand sanitizer will be available at the Checker, Ballot Clerk, Tabulator Tender, Moderator and Assistant Registrar stations. Social Distancing: The sidewalks and floors leading up to the polling place as well as inside the polling place will be marked off with blue tape indicating 6’ separation. Plexiglass screens will be erected at the Checker and Ballot Clerk tables. A box or table will be placed in front of the Checker and Ballot Clerk tables in order to block voters from stepping up to the edge of the staffed tables. One Assistant Registrar will be stationed immediately outside the polling place to If any voter is not found in the Poll Book, the Checker will direct them to see the Assistant Registrar outside of the Polling Place, rather than having them walk through the Polling Place to the Moderator’s Table. Tabulator Tenders will be stationed 6’ from the Tabulator (normally 3’). The Moderator will limit the number of poll workers who take a meal break at the same time based upon the size of the break room at the polling place. Minimizing Hand Contact: The Checkers will not issue tickets to the voters once they are checked off the poll books. The Checkers will direct voters to proceed to the Ballot Clerk table to receive their ballot. The Registrars will buy a large supply (3,000+) of marker pens which the Ballot Clerk will hand to each voter along with a ballot, before directing them to the Privacy booths and telling them to return the pen at the Tabulator Station. Tabulator Tenders will direct voters to place their ballot into the tabulator, and their privacy folder and pens into designated boxes. Sanitizing: Assistant Registrar will also direct voters to sanitized booths. Registrars are required to set up one privacy booth for every 250 registered voters. While we will have enough privacy booths available for the Moderator, the Polling Places will initially be set up with fewer privacy booths in order to allow Assistant Registrars to focus their sanitizing effort on booths as they are used. Additional booths may be set up if needed. As the new pen supply dwindles at the Ballot Clerk’s table, the Assistant Registrars or Relief Worker will sanitize the used pens collected at the Tabulator Station and give them to the Ballot Clerk for reuse. 4/21/2020 On March 10th as the COVID public health crisis was beginning to hit Connecticut, Bethel’s Registrars of Voters administered a referendum for a capital budget Item. Without any state mandates forcing us to do so, we instituted a number of modifications to our polling place process in order to protect voters and poll workers. This included, cleaning of voting equipment periodically during the day, a no-touch inspection of voter ID, privacy folders were offered to voters as an option, privacy folders were not re-cycled for use that same day, and Tabulator Tenders directed voters to place their privacy folders into a box. On March 14th, Executive Order 7b suspended in-person meeting requirements, permitting video meetings whereby the public can access the meeting by audio or video in real time. On March 15th, Executive Order 7c gave towns a 30-day extension of Charter defined deadlines for adopting a budget. Thereafter, the First Selectman advised the Registrars that the Referendum vote would be moved from April 21st to May 12th. On March 25th, Vernon CT conducted a Special Town Meeting using the video option. Immediately upon moving the question for a vote to approve the expenditure under consideration, the residents then drove to their Town Hall for a drive-through vote. Having seen the news coverage of the drive-through voting process, Bethel’s Registrars began making plans for how we would modify the Vernon process for Bethel’s Budget referendum. The Registrars conceived of setting up three stations where voters would present their ID and get checked off as voting, then pull forward to a station where a gloved/masked poll worker would give them a ballot and privacy folder, and finally pulling forward to a where the voter would hand their privacy folder with ballot (completed with their own black pen) through a cracked window to a gloved/masked poll worker. While in the voter’s view, the poll worker would feed the ballot into a tabulator. To protect against possible rain, we would have tents at each of the three stations. The Registrars felt that they could lay out a loop in the parking lots at the Municipal Center, Stony Hill and Berry School where voters could cue up for the drive-through balloting. It wasn’t until the following week that we learned of Executive Order 7i that was issued on March 21st and ordered towns with Town meeting Form of government to direct their Board of Finance to adopt a budget without a referendum vote. At that point, the Bethel Registrars curtailed their planning for a drive-through vote. Executive Order 7s that was issued on April 1st, opens the door to the possibility of towns holding a budget referendum provided that the State Department of Health approves our safety measures. I do not know how to reconcile Executive Order 7i and 7s. However, we must assume that each executive order expands upon and modifies the prior orders. Whether we hold a budget referendum within the confines of the Executive Orders is up to the Board of Selectmen. If the decision was to hold a referendum vote, it would be the responsibility of the Bethel Registrars to devise a voting process that “significantly reduces the risk of transmission of COVID” and would be subject to approval by the State Health Department. W1 W1 ham hi 1979 in tann?meeting assembled. The gcwer of A town has the right to adopt an nrdinance limiting spending, nu.- .. a. JUDGE H. BF DATEB 30?. 197? ye . Julie E. Vydra vs. Cyrilig F. Syrlian at 31%, Euperiar Caurt Judicial bisnzie? The reiative roYes of the Snare cf Finance and the Meeting were aptfy eiineated by the State?: Supreme Caurt in Benham v. Potter. 7? Cann. E85 at p. 199), as fo130us: '?cthing is ptainer than that the Board of Finance was never intended to be the dominant pawer in resuect to the finances of the town, its work is required tn be submitted ta and cansidered by the vuters revision by major?zy actiun is carefully sreserved. Its infiuence as a conservative and restraining Force is recognized; its dominance is not. and any attempt to imacrt it into the Act by canstructien is in violation of its evident spirit?. it may reasenably be argued that the purges: of the propcsed ordinance is entirely consisteat with the historical funct?ons an? dutiea cf guards sf Finance. and that if it is adhered to it may cand to bring ta Eight and resalve differences as in funding of gavernmenta? functions at an earlier and less tritical stage of the budget making processL This ordinance aces not seek ta ravis: vaEide impcsad tax rates. nor ?nes it challenge the pracedure by the rates are :3 be sea. {2 attemgts instead to limit the figures match must be unserted into the farmuia 5e: cut in Genera! Statutes A: the same time. it makes aizowances far those expenditures which are mandated by bath statute 6nd judiciaK decisions. Eh; peop?e may propcse by initiative a statement sf policy where the power of the people to in?tiate is as broad as the pewers ef the Legisiative ?cdy. 42 Am. Jar. 25. initiative and Referendum Para.9. ?he Supreme Court has recent)? affirme? the grincipie that the impasition Of real estate taxes and budgetary matters ara aecul?arly properly ?ssues 3f iocai concern that are most legicaIEy resoEVEd locaily. Caulfield v. Nome. no c.1.u. umsz. msmune 25?1979}. ?The c1oser these whe make and execute the laws are he the zitizens they regresent. the better are thase titizens governe? in accordance with democratic ideals". The crdinance at.issue in this case does net appear to be either in conflict With state law or violative of public pu??cy. It aspears ta came withi? the townis authority :0 "estabiiSh and maintain a tu?get system? within the meaning of Sec. [a view of the relativeiy broad aowers granted toqu in dae1?ng with locai budgetary matt?r?g the emnndied in the pet1tiun presented to the ?afandants are Sewful enes? The refuse} cf the aefendants t0 warn a Special tewn meeting as requeste? by PEiiti?n submitted to the: was izurnecr. Accor?inqu, judargnc may enter QVdEring and: a 'nrit of Rancamus? issue ordering {he Cafe?cants as Selectmen 9f Ina Tsun cf 30915:: 2 :3 231} a Town Meeazng 2n sign the Plaintiff?s applicaiien. signed H. Hammer ?arry Hammer, JUdge EXH 6 FILED lN THE CIRCUJT COURT FOR THE FOURTH JUDICIAL CIRCUIT CLAY COUNTY, ILLINOIS C).,~"-oO O~d, ) Danen Bailey ) ) ) ) Plaintiff, vs. APR 27 2020 CIRCT CL.ERK OF THE FOURTH JUDICIAL CIRCUIT CLAY COUNTY IUJNOIS Case No. 2020-CH-06 ) ) ) ) Governor Jay Robert Pritzker, in his official capacity. Defendant. ) TEMPORARY RESTRAINING ORDER WlTH NOTICE This Cause coming to b e heard on Plaintiffs' Motion for Temporary Restraining Order, notice having been given, the Court finds as follows: 1. Plaintiff has filed a verified Complaint and verified Motion for Temporary Restraining Order and Preliminary Injunction. 2. Plaintiff also filed a brief in support along with a supplemental brief and accompanying documentation. 3. D efendant has filed his written response. 4. The Court has considered the pleadings filed to dale and has farther considered the arguments of counsel made in open com"t on this date. 5. Plaintiff has shown he has a clearly ascertainable right in need of immediate protection, namely his liberty interest to be free from Pritzker's executive order of quarantine in his own home. 6. Plaintiffs' Verified Complaint, Verified Motion for Temporary Restraining Order and Preliminary Injunction, along with his accompanying legal brief as well as its supplement, show Plaintiff has a reasonable likelihood of succeeding on the 2020-CH-06 Page 1 of3 merits. 7. Plaintiff has shown he will suffer irreparable harm if the Temporary Restrain ing order is not issued. 8. Plaintiff has shown he has no adequate remedy al law or in equity in that absent a Temporary Restraining Order being entered, Plaintiff, will continue to be isolated and quarantined in his home. WHEREFORE, based on the above findings of this Court, IT IS HEREBY ORDERED: A. Governor Jay Robert Pritzker, or anyone delegated by him, is hereby enjoined from in anyway enforcing the March 20 Executive Order against Danen Bailey forcing him to isolate and quarantine in his home; B . Governor Jay Robert Pritzker is hereby enjoined from entering any further Executive Orders against Darren Bailey forcing him to isolate and quarantine in his home; C. This Temporary Restraining Order shall remain in fu ll force and effect.for Len . A ~-rt Tl:> 15~ AG..<.f~t> y~o,v ~ '1 n+c ~ y·s &om the date hete0f oi; until--- - ~- ~.ff½.] [p.m.] on ?11-it--r.t € s, Nt> r m € x, ~I> 3 o D!fy5 -ro7:>tf YI w ~ c .%AJ A f ll. r: l I A'tIN11a.y /4,- _ _ _ _ _ __ __ _ _ _ _ __ ,...lO?Q : 1h:ss SBI 10r RUtitt1ed 0 1 ~solv ed by thi6 Coi.irt. J .' /J D . This Temporary Restraining Order is entered at - ~ -- - ---[a.m.] f ~)r DATED this -:2 I /k-I'k 2. l day of __~- r -- ,-+-- 2020-CH-06 Page 2 of 3 , 2020 - - -- ' 2020. ;r~1iAAfta.vJ IP~L ge ~lf