Select Board Puts Special Election Decision Off Again

HARWICH – It remains unclear whether a special election will be held to fill the select board seat formerly held by Mary Anderson. Once again this week, the board took no action on setting a date for a special election called by a certified petition of 242 registered voters.

In the meantime, the primary petitioner, Patrick Otton, is circulating another petition calling for the withdrawal of his original petition.

“To fill the vacant seat, a full select board representation of five members, in keeping with democratic values, could have happened in January if the select board had voted to do so during the [Oct. 30] meeting. But now given the timeline, administrative burden, costs, plus a very short time period for the seat to exist, six weeks or less, I feel it best serves the town to withdraw the request for a special election to fill the vacant seat,” Otton wrote in a letter to The Chronicle.

To undo the original request, Otton said, signers of the original petition will need to express their desire to withdraw the request by signing the latest petition, or by notifying Select Board Chair Julie Kavanagh of their withdrawal by phone, or email.

According to Mitchell, the special election must take place before the annual election scheduled for May 21, 2024. That is also the date of expiration for Anderson’s term.

Mitchell made it clear in the select board meeting on Monday night that no election should be held before April 9. She has laid out her position that preparing for the March 5 presidential primary election will absorb staff time, and conducting a second election during that period would increase confusion and create opportunities for errors for both election workers and voters. Additional time is necessary after the primary election to process results, and to gear up for a local special election, she added.

But given Otton’s steps to nullify his petition, and the select board’s position on reducing the costs of holding such an election, Mitchell suggested a special election could be held on May 20, the day before the town’s annual election. Polling hours could be reduced to four hours and vote by mail could be eliminated, all reducing costs for election workers and police details. The costs associated with the department of public works staff setting up and taking down the polls would also be reduced from two events to one.

Mitchell offered another possibility based on one of town counsel’s proposed options: simply ignoring Otton’s original petition for a special election.

“The town might consider not calling one,” Mitchell said. “The long and short of it is there is no definitive mechanism to legally withdraw a properly filed petition for a special election. However, the board might consider not calling one, and that’s really something that’s discussed in the update from counsel … If the board were considering that action, evidence that other signers felt similar to what Patrick expressed, that there is a desire to withdraw the petition, the board might consider that as evidence in your decision-making process,” Mitchell told the board.

Otton was also before the board on Monday seeking direction on how to nullify the special election.

“How can I proceed? Do I need all 242 signatures?” Otton asked.

“My understanding is everybody has to sign it,” responded Select Board member Michael MacAskill of the 242 registered voters who are on the certified petition.

“The info I’ve read through does say, even if that happens, it is not necessarily appropriate,” added Select Board Chair Julie Kavanagh.

Mitchell said there is not a simple answer or cut-off number. She said the legal opinion from town counsel states there is no definitive mechanism to withdraw the legal petition.

“Even if Patrick secured signatures for 242 petitioners, that wouldn’t say the petition could be legally withdrawn. But it could be evidence for the board to consider,” said the town clerk.

“I’ll just proceed in collecting signatures as best I can,” said Otton of his latest petition.

Members of the select board received town counsel’s opinion on special election options just before commencement of Monday’s meeting, but that document was not included in the board’s publicly available meeting packet.

Content within the opinion was discussed in the select board meeting, and The Chronicle requested a copy of that document and an additional sheet Mitchell provided to the board, but she did not immediately do so, saying she would first have to receive permission to release town counsel’s opinion. The documents were not received by press time, and Mitchell did not return emails or phone calls to The Chronicle.

The select board put off a decision on calling a special election until the Dec. 18 meeting, saying it had not had enough time to digest the legal opinion.