Though election season may seem to be a distant memory, the final tally in Ward 6 was Meg Riccardi (612) and Jerry Ryan (611). The turnout could have been stronger, but the take-home message is “your vote counts!” Ryan returned a petition for a recount in a timely manner (within 10 days of the election) and with more than the requisite number of signatures (10). So, buckle up…we’re going to have a recount!
First, the details: The recount is tentatively scheduled for Monday, 25 November at 10am in the Council Chambers. I’ll update the post when I have confirmation. Both candidates will have legal representation, and the city is also retaining an elections law attorney. Both candidates are also allowed to have volunteer representatives to oversee the process and essentially serve as witnesses.
Now, the process: We’re under the impression that this will be a manual recount (not an optical scanner recount), but we’ll check. If it’s a manual recount, the clerks will divide the 1,251 ballots into blocks of 50, and recount each vote. For those of you who are sharp mathematical minds–yes, there is a discrepancy between the number of ballots and the number of total votes for the two candidates. This could be because there are blanks. That is a mystery the recount will resolve for us. The Board of Registrars will serve as judges, and will make all decisions if there are protested ballots. For example, the Board will make a decision if the “will of the voter” cannot be interpreted due to errant marks in both candidate boxes, or determine the eligibility of voters who submitted provisional ballots. If you would like to read the details, there is a 16-page booklet on the Secretary of the Commonwealth’s website.
The main misconception we would like to clear up here, however, is this nasty rumor we’ve heard about a coin toss. Nowhere in the Massachusetts legislation is governance directed to be handled by the whims of a coin toss. Massachusetts General Law, Ch. 50, Sec. 2 reads:
“In elections, the person receiving the highest number of votes for an office shall be deemed and declared to be elected to such office . . . but persons receiving the same number of votes shall not be deemed to be elected if thereby a greater number would be elected than are to be chosen.” So if there is a tie for ONE seat, there is a “failure to elect.”
Ch. 41, Sec. 3 says “Officers of cities shall have the powers and be subject to the liabilities of the corresponding town officers, if no other provisions are made relative to them.” Ch. 41, Sec. 10 says, “If there is a failure at an election to choose a town officer, except a selectman, or if a person chosen shall not accept such office, or if a vacancy shall occur, the town may at any meeting elect a person to such office.” Section 10 goes on to say that the other selectmen (and, by analogy, city councilors) “may” call a special election on their own or “shall” call a special election if petitioned by 200 registered voters. So in the event of a tie for a ward councilor seat, a special election would be held, not a coin toss, in our analysis.