January 10, 2011
Re: Atlantic County Files Mandates Complaint
Atlantic County filed a complaint with the Council on Local Mandates (Council) challenging the November 16, 2010 Seal-Use Training Protocol order of the Director of the Division of Elections that “Any individual whose job duties encompass access to the internal components of a voting machine is mandated to attend training” as an unconstitutional unfunded mandate.
The Council has recently issued a temporary restraining order stopping enforcement of the order of the Director of the Division of Elections pending the Council’s considerations of whether the order constitutes an unfunded mandate.
Per the Council’s order, the Director of the Division of Elections is not permitted to require any individual whose job duties encompass access to the internal components of a voting machine to attend training until the Council decides the issue. Prior to the Council hearing, the Director of the Division of Elections may require attendance at training if the Director compensates each county for the expenses incurred by the county in order to send individuals to the training courses.
A final hearing on whether to make enjoinment of the Seal-Use Training Protocol order of the Director of the Division of Elections permanent will be held in the State House Annex at 1:00 p.m. on Monday, January 24, 2011.
We recommend you discuss this issue with your municipal attorney to determine how it will impact your town.
The League will be following this and if you have any questions contact League Staff Attorney, Matthew Weng, Esq. at (609) 695-3481 ext. 137.
Very truly yours,
William G. Dressel, Jr.