CORRECTION: Abington News incorrectly reported the order the candidates were listed on the original ballot. The order was been updated below.
Also, the new ballots won’t be automatically sent to those who have requested mail in mail in ballots.
The Town Clerk’s Office is reprinting the 2024 Annual Town Election ballots after discovering the candidates for Select Board were listed incorrectly.
However, the candidate most impacted by the error, current Selectman Tim Chapin, is criticizing the plan hatched by town lawyers to fix the problem, saying they never sought advice from state elections officials.
“I am absolutely not satisfied with the way it’s being handled,” Chapin said in a statement given to Abington News.
Massachusetts state law says incumbents must be listed first on the ballot when there’s a competitive race. The ballot must also denote that the incumbent is a “candidate for re-election.”
That means Chapin — who is competing against Paul Bunker and Roger Woods for two seats on the Select Board — should be listed first on this year’s Annual Election ballot.
However, the original ballot prepared and printed by Town Clerk Leanne Adams listed Bunker first, followed by Woods, and then Chapin. The ballot also did not denote that Chapin is a candidate for reelection.
Adams revealed the slip up at Thursday’s Candidates Forum. However, hundreds of ballots are already out the door, as mail-in voting had already begun.
In a release posted on the the town website Tuesday and town-owned social media channels, Adams said anyone who has already submitted an absentee or mail-in ballot can use the ballot they already received or request a new one, even if they have already returned their ballot to Town Hall.
“I will continue to work with Town Counsel to ensure that the election moves along seamlessly and to ensure that every vote counts,” Adams said in the statement.
New early voting/ absentee ballot requests will be put on hold until the new ballots are received.
It’s this remedy that had Chapin dissatisfied.
“[A]llowing residents to vote on illegal ballots should never be allowed,” Chapin said while specifically stating he not angry with Adams, rather the response from town attorneys.
“Mistakes happen and [the Clerks Office] came forward as soon as they were made aware,” Chapin said. “They are following town (counsel’s] advice, and that advice is what I have a major issue with.”
Chapin said he was told town counsel came to this decision without consulting the Division of Elections within the Secretary of the Commonwealth’s office, not without applying existing case law.
“I believe new ballots should be mailed out to the 1500+ residents that requested a mail in ballot and illegal ballots should not be counted moving forward,” he told Abington News.
Chapin said he was also disappointed the town waited until Monday to put out the statement, despite town counsel approving the plan Friday.
“Meanwhile, residents have been unknowingly filling out illegal ballots that were mailed to them,” he said.
Roger Woods, a former selectmen, said he’s satisfied with the town’s approach.
“I understand that mistakes can happen however we have to be mindful that we are talking about voting in an election which is our right. All of the candidates have the right to be listed on the ballot as is required under the provisions of state law,” he said in a statement to Abington News.
“I am pleased that the Town Clerk has taken steps to have the ballots reprinted and will not issue any further, until the new ballots are in her possession, which I hope can be completed immediately.”
Woods said he also hopes any ballots the Town Clerk’s Office has already received back can be held aside.
“It is my hope and desire that the Town Clerk will segregate those ballots and count them by hand to ensure there will be no question as to the ability of the machine to pick up the intent of the voter,” he said. “This would include any ballots that are received that were previously mailed but yet to be submitted.”
Paul Bunker said he would defer to Chapin and Town Counsel.
“I want to have one fair uncontested election,” he told AbingtonNews. “As the incumbent Mr. Chapin should have been placed at the top of the ballot. If he feels this error puts him at a disadvantage in the race, I will support what action, if any he decides to take.”