In a sometimes-heated meeting, Upshur County Commissioners Court voted 3-1 Friday to conditionally approve a compromise offered by County Judge Dean Fowler aimed at settling a controversy over election procedures for the March 2 Democratic and Republican primaries.

Meeting for the first time in 2010, the court earlier had voted 3-2 to deny county Republican official Glenn Leach’s request to “affirm” three sections of the Texas Election Code after Leach objected to the way votes are being tabulated in the county.

In offering his compromise, Fowler proposed the county agree to provide election machinery to both parties if they will jointly use the “entire voting system”—including electronic machinery—and if they will jointly contract with Hart Intercivic to program the machinery for both voting and vote tabulation. The Secretary of State’s office would reimburse the parties $7,500 each for their expenses, Fowler told The Mirror.

The vote came after Republican Party of Upshur County Chairwoman Brenda Patterson and a fellow Republican, County Clerk Peggy LaGrone, couldn’t agree on a contract for the party to use the county’s voting equipment. The two women, who both have multiple opponents for reelection on the March 2 ballot, have long feuded.

Fowler, a Democrat-turned-Republican, told a sometimes-disruptive audience of more than 50 persons Friday that he didn’t want to appear “abrasive,” but the basic problem was that “The Republican Party (county) Executive Committee does not trust the county clerk to program the machines.” And “Frankly, I do not trust a hand count,” as the county GOP executive committee had proposed, he said.

Mrs. Patterson said she would take Fowler’s proposal before her county executive committee of her party, “but I cannot guarantee its passage.” She said she would have to see if the committee would approve using an optical scanner to count votes, and that she should have an answer for Fowler by Monday.

At one point, the judge said that if the committee didn’t contract with Hart, the Upshur GOP couldn’t use the county’s election machinery in the primary.

Pct. 1 Comm. James Crittenden, also a Republican, objected that federal law requires making the machinery available to all citizens.

Upshur County Democratic Party Chairman Joe W. Newsom Jr. meanwhile objected to the proposed expense in Fowler’s plan.

Newsome said he had signed a contract with Ms. LaGrone that would have cost his party only about $1,000 to use the county’s equipment, but Fowler told him the Texas Secretary of State’s office would reimburse the Democrats for their expenses under the judge’s plan.

Fowler opened the discussion by saying he had talked to that office. He then asked Mrs. Patterson if she didn’t think Ms. LaGrone should program the machinery.

The chairwoman, who has had an ongoing feud with both the judge and Ms. LaGrone, said she “would prefer it go to an outside vendor.”

Fowler then proposed his compromise, under which Hart would print ballots, program machines, and tabulate votes.

While Newsom is a Democrat and Ms. LaGrone is a Republican, he said he had “full faith and confidence” in her, and “it almost infuriates me that someone would accuse” her of trying to “taint the elections.” (Ms. LaGrone offered virtually no comment during the approximately 1 1/2-hour meeting, and declined comment on it to The Mirror afterward.)

Newsom pointed out the clerk would have full control over the November general election, and “I think it’s a shame that the Republicans are making such a big deal about this” by making “unbridled” accusations.

Fowler’s proposal would be an “extraordinary waste of tax dollars” when the GOP stands for fiscal conservatism, the Democratic chairman said.

Crittenden, who has joined Mrs. Patterson in long feuding with Ms. LaGrone, said nobody was accusing the clerk of doing wrong, but “we want open, transparent elections” with equipment out in the open.

When Newsom said he understood that Mrs. Patterson enjoyed counting ballots behind a locked door with her executive committee, she said she oversees tabulation. GOP county chairmen “do not count votes” except the final tabulation, which is her duty under the Texas Election Code, she said.

She said she had sent the county a proposed contract on Dec. 10, and it was fine for Ms. LaGrone to program the DRE (Direct Record Electronic) machines on which votes are cast. But Ms. LaGrone wouldn’t sign the GOP proposal, the chairwoman said.

(Mrs. Patterson said that Upshur Republicans have been unwilling to use the optical scanners—which count votes when a ballot is put in the ballot box—without the judge being able to run the tallies.”)

H.D. Bailey, a Gilmer attorney who is seeking the GOP nomination for chief justice of the 6th Court of Appeals, said he was central counting station officer in the last election and praised Ms. LaGrone’s office. He said he and one of her deputies, Greg Dodson, were the only ones present when the machinery was programmed, but suggested letting others in if law permits.

“Let us find a means of resolving these things like Christian people,” pleaded Bailey, who earlier in the meeting had argued with Pct. 2 Comm. Joe (Buddy) Ferguson. “Why not accommodate people to get rid of this juvenile delinquent pettiness?”

Pct. 3 Comm. Lloyd Crabtee said any candidate on the ballot could send in poll watchers.

Janet Troell, who said she had been an election judge in Travis County, suggested using an outside source for programming the machines. She pointed out that the people who are running the election are seeking reelection.

Fowler then said he had asked Ms. LaGrone to accept the compromise, and “she’s not happy.” He asked Newsom if he would go along with it.

Newsom again objected to the expense, saying, “I signed something that I thought was reasonable and good for my party and the people of Upshur County.” But, later in the meeting, he said he had “no choice” but to accept Fowler’s plan “if you are telling me I can’t have the machines” otherwise.

Meanwhile, Fowler’s opponent for reelection in the GOP primary, John Melvin Dodd, said he favored the Republican executive committee approving the judge’s plan. And De’Borah Bankston, a committee member, said she favored the compromise.

Crittenden and Crabtree, who are both Republicans, and Democrat Glenn Campbell, who is seeking reelection, approved Fowler’s plan. Ferguson, a Democrat who isn’t seeking reelection this year, opposed it.

After the vote, Fowler said “I’ve nearly worried myself sick this morning” over the issue, and that he appreciated the cooperation of those present.

Campbell noted he had favored pointing an election adminstrator.

Earlier in the meeting, Sheriff Anthony Betterton warned the audience to quieten down after a divided court rejected the proposal to affirm Sections 65-67 of the election code.

In addressing the court before the vote, Leach said citizens are “demanding we follow the election code,” and charged there were elected officials who want to “take election results to the back room of the courthouse” with votes tallied by only two people, chosen by the county judge and county clerk.

He compared that to a business taking its revenues for a day to a bank in a paper sack, and telling the bank to tabulate the amount.

Leach said vote tallies are supposed to be run at the precinct and put in an envelope to be delivered to election officials. Instead, he said, machines are now brought to the courthouse, where computer cards from them are taken to the “back room, where only two people tabulate the vote and tell us the result.”

That drew applause from the audience.

Madelaine Barber, a Republican, then asked Ms. LaGrone if she was following the Texas Election Code, and whether the envelope was being presented and its vote totals being compared to the results from the back room.

When no answer was given, and Leach requested that the clerk reply, Fowler said, “Mr. Leach, it’s (time on the agenda for) public comment. It’s not a question-and-answer session.”

The court acted on several other matters before coming to Leach’s proposal, and Crittenden said the county’s canvassing and tabulation of votes “are not in accordance with the law.” He said Leach’s point was “well taken.”

But Crabtree objected, “I’m not sure that we’ve done anything wrong yet,” adding, “We don’t need to pass a resolution to tell us what we’re already under oath to do.”

If there is wrongdoing, Crabtree said, the county will correct it.

Crittenden complained, “There is a law out there and evidently we have been ignoring or overlooking it.” When he noted he had voted against canvassing of votes in the past, Crabtree replied that Crittenden had wanted to change the numbers.

“Don’t put words in my mouth,” Crittenden replied in part before asking Crabtree, “Why did you not stand with me and fight for the canvas to be appropriate?”.

At that point, Ferguson charged that “all this is about is for him (Crittenden) to grandstand.” After Campbell agreed that the canvassing method was wrong and seconded Crittenden’s motion, the vote was 2-2 with Ferguson and Crabtree opposing.

Fowler broke the tie by voting no, saying “I agree with Mr. Crabtree...It’s pointless (to affirm the sections of the election code as) we’ve already sworn an oath to follow that.”

Added the judge, “If we’re not following the law, there’s appropriate actions to take.”

Earlier, the court approved without dissent establishing branch early voting times and places for the March 2 elections. They include the Pct. 3 justice of the peace office in Gladewater from Feb. 16-20; East Mountain City Hall and Ore City from Feb. 22-26; and the courthouse from Feb. 16-20, and 22-26. Hours will be from 7 a.m.-7 p.m. at all locations.

The court also voted 3-1 with Ferguson dissenting to grant the Republican Party of Upshur County’s request to use the County Courtroom for its March 20 convention.

Ferguson said he had talked to several Republicans in Ore City who believed it would be a “burden” on taxpayers for the GOP to use the courthouse. When Bailey offered from the audience to pay all expenses for the convention, Ferguson told him he was “out of order,” and Bailey responded that it was Ferguson who was out of order instead.

Crittenden then noted that Republicans are taxpayers.

Ferguson then asked Crittenden why he didn’t put politically-related meetings he held in his courthouse office on the agenda as they are “illegal to me as anything.” Crittenden denied that, saying he had “consitituents” coming to his office.