Projo 7 to 7 News Blog

By Thomas J. Morgan
Journal staff writer

CUMBERLAND -- Town Council candidate James N. McLaughlin today lost his bid to force a special election that he hoped would serve as a tie-breaker and decide whether his or Councilman Bruce A. Lemois' name would appear on the November ballot.

The two Democrats would up tied with 2,855 votes each in the primary election held earlier this month. McLaughlin had sought a preliminary injunction so he could sue to set up a special election to decide the matter.

But Superior Court Judge Judith C. Savage today ruled that McLaughlin had failed to prove his case. Savage upheld the constitutionality of a state law that gives a political party's town committee the authority to break a tie. Cumberland's Democratic Town Committee on Tuesday chose Lemois to carry the party's banner in November.

Thomas Hefner, town solicitor, said after the verdict that he had "felt strongly" that Savage would uphold the state law. "The statute is unambiguous," he said.

Hefner said the next step is for the town's Board of Canvassers to send a list of certified candidates, including the name of Lemois, to the state Board of Elections and to Secretary of State A. Ralph Mollis.

"This was all for the people," McLaughlin commented after the court adjourned. "I think the judge was very fair, but I can't say the same about the Democratic Town Committee -- they are totally biased."

Brandon S. Bell, who represented McLaughlin, said he would "evaluate" the decision, and "sleep on it" before deciding whether to take the case on appeal.

Lemois said he was pleased with the decision.

"The people spoke on Sept. 9," the day of the primary, he said.

It took Savage 35 minutes to recite her opinion from the bench.

The judge said that McLaughlin had failed to show a likelihood that his claim that the statute was unconstitutional would be upheld eventually.

She said he also failed to show that he would be harmed irreparably, a requirement for a preliminary injunction, if the town proceeded with the November election with Lemois on the ballot. He still has the choice, she said, of running as a write-in candidate.

And she said that even if a special election were held, an affair that would be "costly and time-consuming," that election could simply result in another tie.

It is likely that Lemois will win in November, because there is no Republican or independent foe on the ballot.

He said that even if McLaughlin decides to launch a write-in campaign such tactics rarely succeed.

 Tags  Cumberland Superior Court

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