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Posted on 12/06/2001 6:54:24 AM PST by Brookhaven

McKinney, dad cited for conduct at polls

By DUANE D. STANFORD
Atlanta Journal-Constitution Staff Writer

The state Elections Board has cited U.S. Rep. Cynthia McKinney and her outspoken father for their behavior during an Election Day fracas last year at a DeKalb County polling place.

Billy McKinney

Cynthia McKinney

In a unanimous decision Wednesday, the state board found evidence to send several allegations against the congresswoman and Billy McKinney, a state representative, to a hearing before an administrative law judge.

The McKinneys are accused of illegally campaigning at a precinct at Stoneview Elementary School on Nov. 7, 2000, the day of the presidential election. The polling place was plagued by long lines and accusations of irregularities that evening. Exchanges between the McKinneys and poll officials prompted DeKalb Republicans to file civil charges with the state.

Witnesses told election board members Wednesday that Cynthia McKinney, a Democrat who represents the 4th District, used a bullhorn to solicit votes and that her father, an Atlanta Democrat, joined in next to her. Georgia law prohibits campaigning at or within 150 feet of a polling precinct.

The board found enough evidence also to accuse Billy McKinney of interfering with official state election duties. Witnesses said they saw the legislator grab the lapel of a Republican member of the DeKalb Board of Elections during the dispute at Stoneview.

The woman Billy McKinney allegedly grabbed also filed criminal charges, but the DeKalb district attorney's office decided not to prosecute the case.

After the incident at the polling place, Cynthia McKinney wrote a letter to President Bill Clinton demanding an investigation into alleged violations of the Voting Rights Act. The congresswoman said some voters were turned away because of long lines and a shortage of punch-card voting booths.

Neither of the McKinneys attended Wednesday's hearing in Atlanta, nor did they return phone messages seeking comment.

It's not unusual for the Board of Elections to forward a case to a law judge, but board spokesman Chris Riggall said he can't recall an elections case involving a member of Congress in at least five years.

"The vast majority of our cases more typically involve local officials," he said.

The next step is for an administrative law judge to hear evidence in the case, probably next year. The judge's findings would then go back to the Board of Elections, where any fines would be imposed. The maximum fine per proven allegation is $5,000.

The present board of elections is made up of one Republican and four Democrats. One of the Democrats was not at Wednesday's hearing.

Cynthia and Billy McKinney are no strangers to controversy. Recently, she took heat for writing a letter to a Saudi prince that criticized New York Mayor Rudolph Giuliani for turning down a $10 million donation from the prince for terrorist victims. Giuliani had taken exception to comments the prince had made about U.S. relations with the Middle East.

In 1991, Cynthia McKinney, then a state legislator, prompted a walkout by Georgia House members when she questioned the U.S. attack on Iraq. And in 1996, the congresswoman was criticized for not rebuking her father after he called her Republican election opponent, John Mitnick, a "racist Jew."

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