And Then Again…by Tamara

General Election 1968…..A Tale of Two Sheriffs

…..The 1998 race for Sheriff of Hancock County was hotly contested. Despite a county that was heavily Democratic, Republican Ralph Patrick was a popular candidate. He had the advantage of having a Weirton address with family from the Northern part of the county.

…..Lou Smoleski was part of the Democratic establishment. He had already been elected as a constable in Butler District and was a favorite in the densely populated Weirton Heights area where families voted as a block as opposed to the northern part of the county where individuals voted as a sole voter.

……..When the votes were counted Nov. 5, 1968, Lou Smoleski had won by a slim margin of 49 votes…9184 to Patrick’s 9135. According to newspaper accounts, Patrick had been in the lead most of the night, but Smoleski pulled ahead in the final precincts.

……..According to my account, it was a roller coaster ride at the Webster party where I was apparently the clueless one in my political family. Back then Dad ran as a Republican for Clay District Justice of the Peace while brother-in-law Bill Webster ran as a Democrat for Clay District Constable. Dad spent 36 years in that office winning nine elections. Bill would serve as constable for 12 years before becoming Hancock County Sheriff.

….I was 21 with a two-year-old Doug and an husband who thought my politically obsessed family was a touch crazy. He, in fact, was home watching Doug choosing to not witness the night of drama that always accompanied the votes being counted. We gathered in the dark wood panelled rec room around the telephone that sat on a big desk. Bill was also New Cumberland chief of police. Over 20 clip boards were scattered over the desk with tallys for each precinct. Everyone looked tense, jumping when the phone rang hurrying to grab the total off a runner fresh from checking a precinct.

…….”What’s up,” I asked my sister. “Dad and Bill have both won, what’s wrong with those two?”

…….Marsha was 7 years older than me, the mother of 5, and knew all the secrets. She looked at me with the disdain. Only an older sister can give a proper “how dumb are you” look. “Smoleski’s losing,” she whispered.

…….”Yeah, I know. I voted for Patrick,” I said, oblivious to the revalation that was to come.

……..”Dad bankrolled Smoleski. He stands to loose a lot if Lou loses,” she said.

………”You people never tell me what’s going on,” I yelled capturing the attention of the room. “Why would they tell you and not me?” I went to rant to myself in the corner. As the night progressed Lou Smoleski pulled it out and won the Sheriff’s race, but that would change in a few months.

………When the vote canvas took place a week later by the county court, it was noted that some of the ballots had been signed by the wrong official. Only poll commissioners, one from each party, were authorized to sign the ballot. In precinct 32, however, two other pollworkers had signed the ballots. Sarah Crane, republican, and Irene Mott, democrat, had duly placed their signature on the ballots as required. The problem was two other pollworkers who were not authorized by law to sign had signed. Were those ballots legitimate and were they to counted?

……..The County Commission counted them. There was no doubt the voters had voted and their ballots should be counted.

……..It was high drama. The ballot can was placed in the Courthouse vault and each candidate sent people to guard the vault to make sure no-one touched that ballot can.

….Smoleski was sworn in and took office Jan. 1 in a makeshift sheriff’s office at the corner near the redlight in New Cumberland. The new Courthouse was under construction and the Sheriff’s office was in temporarily quarters. He appointed his deputies and they went to work….for 10 days.

…..Patrick took the question of whether those ballots signed by unauthorized pollworkers should be counted to the WV Supreme Court. Smoleski would be represented by Attorney Stanley Preiser, one of best attorneys in the State, while Attorney Frank Cuomo of Wellsburg represented Patrick. Cuomo’s reputation as an election attorney would be enhanced greatly by this win.

…….The Court ruled that in order for the ballot to be valid, it must have an authorized poll commissioner’s signature as required by law. The ballots in question would not count and the election was overturned…..Ralph Patrick was now the new sheriff in town.

……..Smoleski and his deputies vacated the Sheriff’s office in downtown New Cumberland and Patrick and his deputies took over. A fight still remained as to whether Smoleski’s deputies would be paid for the 10 days they had worked and the county commission would become embroiled in the fight. Deputy Jack Thayer represented Smoleski’s deputies who would eventually be compensated.

……..The newspaper reported sporadic talk of challenges to the decision; a crowd of 150 jammed the courthouse from precinct 32 claiming their votes had been disenfranchized and calling for a challenge, but for the next four years Ralph Patrick remained Hancock County Sheriff not because he won the popular vote, but because a technicality had caused votes to be thrown out.

…….Obtaining pollworkers is often a challenge. Pollworker training doesn’t often get much attention from the voting public, but this case highlights the need to be vigilant in making sure pollworkers are trained.