PROVIDENCE — The secretary of state yesterday told the Supreme Court that delaying a decision in the West Warwick Democratic primary that ousted Sen. Stephen D. Alves will create “significant obstacles” to voters in that district.

The emergency motion for relief from the stay, filed yesterday in Supreme Court, asks the court to declare a winner in the race or remove the race from the ballot that voters will use prior to the Oct. 14 deadline for voters to request absentee ballots.

“I respect the court’s role as this case plays out, but my first responsibility is to the voters of West Warwick. I am concerned that the current timetable has the potential to disenfranchise hundreds of voters,” said Secretary of State A. Ralph Mollis.

Longtime incumbent Sen. Stephen D. Alves, the powerful Finance Committee chairman, lost the primary election to political newcomer and baker Michael J. Pinga. Alves has cited 18 questionable ballots as a reason for the state Supreme Court to call for a new election. Two recounts –– one ordered by the high court –– have affirmed Pinga’s narrow 17-vote victory.

On Thursday, the court dismissed a similar appeal in the Warwick District 31 race, upholding the Board of Elections’ earlier decision to certify Erin Lynch as the primary winner over David Bennett. In Alves case, however, the court said it was reserving decision until Oct. 23. Supreme Court Justice Francis X. Flaherty is not participating in the appeal.

Yesterday, the court gave some insight into its decision. According to Craig Berke, spokesman for the state judiciary, the court withheld its decision on the Alves case because of the call from the state Democratic Party for a state police investigation into the primary. There is no inquiry into the Warwick race.

“The Supreme Court cannot act on the District 9 race at this stage of review by law enforcement, a review that has become public knowledge,” Berke said.

The state police said earlier that they were inquiring into the primary, but had not launched a full investigation. On Thursday evening, troopers did speak to selected residents of Msgr. Deangelis Manor in West Warwick to ask them whether they voted in the primary, residents said.

A spokesman for the state police couldn’t be reached last night for an update on the inquiry.

According to the state’s motion filed yesterday, delaying a decision will affect the way voters in West Warwick are allowed to cast ballots and put undue strain on the voting process.

This year, 328 absentee ballots will be mailed to voters in District 9. Forty-one of those will be sent to foreign countries, and the overall number may increase before Tuesday’s application deadline, according to the motion.

At best, the state said, it could hope to finalize the absentee ballots on Oct. 23, and have a printer finish the ballots the next day. The state might be able to send the ballots to voters via overnight delivery, but speedy delivery overseas may not be possible over the weekend.

Absentee ballots have to be received by the Board of Elections on or before Nov. 4, which means absentee voters would have “a significantly reduced period of time to cast their votes” than similar voters in other districts, the state said.

“… The absentee voters of District 9 would have to return their ballots by the fastest method of delivery available to them; unlike voters in other districts, they would not be able to rely on usual mailing methods. This would apply to all absentee voters, not just the ones overseas,” the motion states.

Emergency ballots available to voters who will have an unexpected absence from the voting district or undergo an unscheduled medical procedure on Election Day, would also not be available in time for all voters, according to the motion. The ballots will be available in other districts from Oct. 15 through Nov. 3, but West Warwick voters wouldn’t be able to cast early ballots until, at best, Oct. 24.

tbuford@projo.com