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‘His last act’ – Hesperus man casts first general election ballot before his death

Election officials went to dying man’s bedside to record vote
Fritz Herbine, who died Sept. 23 at age 97, was the first person to cast a ballot this election cycle in La Plata County. Election Judge Donna Crask, a Republican, left, and La Plata County Clerk and Recorder Tiffany Lee, holding the clipboard, help Herbine vote, alongside Election Judge Buck Skillen, a Democrat. (Courtesy of Kate Feldman)
Oct 11, 2024
General election ballots mailed Friday to nearly 43,000 La Plata County voters

Fritz Herbine was determined.

The Korean War veteran was pushing 98. The Hesperus resident and his late wife were somewhat of democratic enthusiasts, as their daughter, Kate Feldman, described them.

“(They) stomped up and down, ‘You have to vote, you have to vote,’” Feldman said. “They were always like this.”

Feldman told her father that former President Jimmy Carter, who turned 100 on Oct. 1, had declared before his birthday that he was more focused on living long enough to vote for Vice President Kamala Harris than turning 100.

Herbine wanted to vote, too.

So Feldman called La Plata County Clerk and Recorder Tiffany Lee to see what could be done. Nothing, was the answer, until Sept. 21 – the first day that electors may be issued a ballot in Colorado. As that date neared, Feldman called again and spoke with Lee.

“She said, ‘We’re coming, we will come to your father’s bedside,’” Feldman said. “I was like, ‘Are you really kidding me?’”

On Saturday, Sept. 21, Lee arrived with two election judges, one Democrat and one Republican, in tow. Herbine was weak – he could barely speak, his daughter said. Even though he needed it, he was not on morphine.

Herbine clutched Lee’s hand as she asked if he knew what they were doing.

“Voting,” he responded with a nod.

Lee, who is unaffiliated with a political party, went down the list of candidates in each race, reading their name and party before Herbine responded with his selection.

Just as when a voter’s markings on a ballot are unclear and must be interpreted by judges to determine intent, Lee and the bipartisan delegation had to agree on Herbine’s intent.

“Without a doubt, all three of us were like, ‘We know exactly what that man wanted,’” Lee said.

Fritz Herbine, who died at age 97 on Sept. 23, was the first person to cast a ballot in La Plata County. He was an avid woodworker, his daughter said, and made the rocking chair in which he is seated. (Courtesy of Kate Feldman)

Herbine voted a straight Democratic ticket, Feldman said.

When he was done, Lee and the judges witnessed as Herbine made a mark on the envelope – he was too weak to sign his name, but the pen mark the trio observed was sufficient to meet the state’s requirements.

“She said, ‘We’re finished, Fritz,’ and he just closed his eyes and leaned back,” his daughter said. “… She (Lee) looked at all of us, and she said ‘Fritz Herbine is the first person to vote in La Plata County in the 2024 election.’”

In an atmosphere in which county election officials field an increasing amount of criticism, in addition to threats or acts of violence, helping people vote is a sacred and affirming undertaking for election officials.

“It’s truly an honor to hear that this person is passing and they still want to have that opportunity to cast a ballot,” Lee said. “Yet, I can’t get 18- to 35-year-olds to vote when we’re offering all those easy ways to vote, right?”

About 48 hours later, having spoken perhaps just another few words, Herbine died.

“It was his last act,” Feldman said.

His legally cast ballot will still be counted, a spokesperson for the Colorado Secretary of State’s Office confirmed.

rschafir@durangoherald.com



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