Extra: Election
Another hearing on Alves election
07:08 AM EDT on Wednesday, October 1, 2008
In a shift in course, the Board of Elections will grapple again tomorrow with whether to recount ballots in the election that threatens to unseat powerful state Senate Finance Committee Chairman Stephen Alves.
On Sept. 17, the board certified results that show longtime West Warwick legislator Alves being defeated in the Democratic primary by political newcomer Michael J. Pinga by 19 votes.
In certifying that count, the board denied Alves’ request for a recount, and a new election, because of what he charged were inconsistencies in the number of ballot applications and votes cast.
Alves then took his case to the state Supreme Court, asking the justices to overturn the board and order a new election in Senate District 9. The winner of the primary will take the seat because there is no challenger in November.
In objecting to that appeal, the board asserted that Alves could not “present a probability that any of the irregularities were significant enough in number to change the result of his race.” The board was joined in its opposition by Pinga and the West Warwick Board of Canvassers.
But the board shifted direction yesterday when it decided to hold hearings “related to the second counting or copying of provisional and mail ballots” in that race and in another Democratic primary under appeal in Senate District 31. Results there show Erin P. Lynch beating David A. Bennett by 11 votes. That winner will challenge Republican Thomas M. Madden in November.
The board’s decision came after a chambers conference Monday with state Supreme Court Justice Maureen McKenna Goldberg and lawyers for the parties, according to Board of Elections Director Robert Kando.
Kando would not give specifics about what led to the change, but said, “In the conference, I’m sure the party [Angel Tavares] mentioned the Larisa order.” Tavares represents Alves and Bennett.
Kando was referring to a 2006 Supreme Court decision that allowed then-East Providence Mayor Joseph S. Larisa Jr. to view the ballots that might have affected the outcome of his tightly contested City Council race.
Larisa had asked the courts to intervene when the state Board of Elections wouldn’t let the candidates inspect ballots they questioned. Those of concern included provisional ballots cast by voters who went to the wrong polling place and whose vote counted only in federal races, as well as mail ballots.
The board had refused to let the candidates inspect ballots they questioned, stating it would compromise the objectivity of the process. Larisa ultimately lost by 16 votes.
The recounts in the Alves and Bennett races done shortly after the election only included ballots cast at polling stations. As per state statute, the board is not required to include mail and provisional ballots.
Kando said about 50 such ballots were at stake in the Alves contest, but he did not know how many were at play in District 31.
The board tomorrow, he said, could opt to conduct a recount, a viewing of the ballots, or nothing at all.
“The board will consider whether to take any action related to the mail and provisional ballots, or not,” Kando said, adding “The board may be entirely happy with what has already been done.”
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