Skip to main content

Unopened Absentee Ballot May Break Library Trustee Tie Vote

By contributor,

At the May 16, 2011, Annual Town Election, voters were asked to fill all five seats on the new Board of Library Trustees. In order to stagger the terms of board members, candidates were to be elected to varying terms of office, with the top two candidates receiving three-year seats, the next two candidates receiving two-year seats, and the fifth candidate receiving a one-year seat.

The results of the election showed a tie vote:

    Marie Eldridge 1108
    Leda Arakelian 1013
    June Harris 1013
    Michael J. McNamara 937
    John Belger 136
    Stanley Pulnik 25

Following the advice of the Elections Division of the Office of the Secretary of the Commonwealth and of Town Counsel, the Town Clerk declared that there were two Failures to Elect, with the results as follows:

Three-Year Term: Marie Eldridge
Three-Year Term: Failure to Elect
Two-Year Term: Failure to Elect
Two-Year Term: Michael J. McNamara
One-Year Term: John Belger

In the course of gathering the materials used in the Annual Town Election for preservation, the Town Clerk discovered an unvoted absentee ballot, which was not opened on the day of the election. This ballot currently remains sealed in the envelope in which it was submitted prior to the election. The Town Clerk immediately contacted Town Counsel who, in turn, notified the Elections Division of the unvoted ballot. The Elections Division has determined that the ballot may not be unsealed and counted without a court order.

In light of the possibility that the unvoted ballot may resolve the Failure to Elect and allow the will of the voters to be expressed, the Town Clerk has requested and received authorization from the Town Manager to seek such a court order. Town Counsel has been instructed to prepare and file the necessary papers forthwith.