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Concord residents ask for oversight

Fraud charges pending against election official

A criminal-fraud case against an elected Concord Township official has some residents worried about the “purity and fairness” of future elections under her supervision.

Concord Township Supervisor Kandi Nassy recently submitted a signed petition from 20 township residents to Butler County court requesting the appointment of two election overseers to ensure fair elections take place throughout the year. Nassy and petition signatories are worried that Judith A. Stoops will not faithfully execute her elected position as judge of elections.

On Friday, Judge Michael Yeager heard arguments from petitioners and the County Bureau of Elections regarding the matter.

Currently, Stoops faces multiple felony charges of fraud after police filed a complaint in October 2018 accusing her of stealing more than $12,000 from Concord Township. She has pleaded not guilty in that criminal case.

Stoops was not present at Friday's hearing.

In addition to asking for the two overseers, petitioners requested Yeager require the county to pay for the positions — a point disputed by the county Bureau of Elections.

Yeager said he would make a decision once Nassy and the others provide him with possible candidates to oversee townships elections. Michael Gallagher, the township's lawyer, signed the petition and argued the case in front of Yeager.

“This is an extraordinary situation,” Yeager said.

According to police, Stoops used fake mileage and health care reimbursement claims during her employment as the township's secretary between January 2016 and March 2017.

Stoops was eventually fired after being charged last fall. However, in November 2017, she was elected to be the township's judge of elections, a position with a term of four years. Additionally, Stoops works as a secretary for Prospect in Franklin Township and Marion Township.

Shari Brewer, Bureau of Elections director, said the judge of elections is an oversight role tasked with making sure the poll site is open and in working order for voters.

“It's a pretty important job,” Brewer said. “They're the boss of the poll site.”

Brewer attended Friday's hearing with the bureau's lawyer, Julie Graham. The two argued that the financial burden of paying for overseers at the standard rate of $135 a day should be on the township, not the county. Both noted that the county has never paid for a township's overseer or election watcher and this case shouldn't be any different.

“We have no objection to them filing for an overseer, but I would ask for volunteers to be appointed,” Graham said. “This is a rather draconian solution.”

Brewer was concerned that if Yeager instructs the county to pay for the overseers, it would open the county to other requests for financial aid.

Gallagher, on the other hand, argued that placing the financial responsibility on the township violates the U.S. Constitution because it would be considered a polling tax.

“This is an unusual (situation) where the judge of elections is facing a felony, actually two felony charges,” Gallagher said, arguing the matter doesn't involve party politics.

Graham countered that if residents are concerned, then plenty of volunteers should be willing to step forward,

“This is not a normal election,” Yeager said. “You have citizens of the township concerned with the integrity of elections because of criminal charges being a factor here.”

Stoops is expected back in court in May for a hearing on the fraud charges, the same month Concord voters will elect a constable and a township supervisor.

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