Watertown Town Council asks Secretary of State to investigate election

Jillian Fennimore  Watertown TAB & Press and Daily News Tribune   01 February 2008

Town Councilors want to get to the bottom of last year’s allegedly botched election.

On Thursday night, they voted unanimously to send a formal complaint to the Secretary of State’s Election Division in order to launch a proper investigation.

Council President Clyde Younger, who ordered the special meeting this week, said it was important to have an “objective party” look into the town’s election process.

Voting procedures were called into question last year after a Nov. 30 recount produced a different result than the count made on Election Day. At-Large Councilor Marilyn Devaney, who originally lost her seat by five votes, won her post by six votes over John Donohue.

Donohue conceded in December after a Superior Court judge ruled against him.

On Thursday, Town Attorney Lauren Goldberg advised councilors that the complaint to the Secretary of State’s office should include a specific list of what to investigate, along with a public record paper trail from the administration.

Devaney, although she voted to move the investigation forward, said the investigation should be handled and advised differently. Devaney argued that Goldberg has a conflict of interest, since she, as Devaney describes it, “conducted” the recount and worked with Town Manager Michael Driscoll when he contemplated filing a court complaint about the shaky ballot results.

“Whatever you do is fine with me, but I don’t see how she can give us advice,” Devaney said.

But Town Attorney Mark Reich said Goldberg was there only to provide legal advice and is not an election officer.
“I don’t see any conflict of interest,” he said.

As far as the investigation, District B Councilor Jonathan Hecht said particular attention should be paid to the discrepancies within Precincts 4 and 5 after the recount.

“We know that’s where there were really large vote differences,” he said. “Huge differences.”

Next Thursday, the council will meet to formalize a list of election elements to investigate. Among them are standard practices and procedures conducted by the town: election preparation, training of election workers and wardens, providing adequate supplies, appropriate signage at polling places, the check in/check out procedure, the handling of ballots at the closing of polls, tally sheets, spoiled ballot, and the accuracy of voting machines, among others.