Projo 7 to 7 News Blog

PROVIDENCE -- A day after the state's highest court said it would wait to rule on whether to order a re-run of the Democratic primary in West Warwick that ousted longtime Sen. Stephen D. Alves, Secretary of State A. Ralph Mollis filed a motion asking the state Supreme Court to declare a winner or remove the race from the ballot.

Alves, a longtime incumbent and powerful Finance Committee chairman, lost the primary election by 17 votes to Michael J. Pinga, a political newcomer.

"I respect the court's role as this case plays out, but my first responsibility is to the voters of West Warwick," Mollis said in a prepared statement. "I am concerned that the current timetable has the potential to disenfranchise hundreds of voters."

Craig N. Berke, a spokesman for the state Supreme Court, said the court is waiting for the "results of a State Police review" before ruling on Alves' appeal of the Board of Elections' decision declaring Pinga the winner in the primary for Senate District 9.

"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, referring to a complaint from the state Democratic Party.

The court continued its consideration of the Senate District 9 appeal until its Oct. 23 conference. Supreme Court Justice Francis X. Flaherty is not participating in the appeal.

According to Mollis' motion, at least 328 voters in Senate District 9 requested absentee ballots, including 41 so-called "overseas" voters who will be out of the country on Election Day -- typically members of the U.S. Armed Services. The deadline for such requests is Oct. 14.

If the court declares a winner on Oct. 23, it woud be impossible to guarantee that voters will receive the ballots in the mail in time to return them by Election Day as required by law, even if the state goes through the expense of paying for overnight delivery, the motion argues.

"It is possible that some of those voters might receive their ballots on Monday, Oct. 27, 2008; however, it is equally possible that others might not receive their ballots until two or three days later," Mollis explains in the fuve-page motion.

Moreover, he said, "given that the Board of Elections would have to receive the absentee ballots on or before November 4, 2008, 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."

District 9 voters would also be unable to cast emergency ballots, which voters may request once the Oct. 14 deadline for mail ballots has passed.

Emergency ballots are used by people who unexpectedly find they will be unable to vote at their polling place on Election Day due to a family emergency, for example.

The Secretary of State's office prepares the ballots for all federal, state and municipal elections held in Rhode Island. In addition, the office maintains the statewide voter registration list and distributes handbooks that explain how to run for office, how to register to vote and how to vote.

For more on this story, check tomorrow's Providence Journal.

-- Journal staff writer Maria Armental

 Tags  Alves Pinga RI Supreme Court West Warwick

Comments

bill said:

why is this alves still around anyway.lost one election lost a recount then lost a second recount ordered by his friends on the court.know you have a steve alves buddy makin a phone call to the cops about voting at deangelis manor.trying to intimidate the elderly is a desperate act that will never fool the voters.state police should be workin not waisting the taxpayer money.so lynch-williams call your boy and tell him to go.or are you people afraid alves might talk.people have spoke its about time you democrats showed respect to the voters

Link | October 11, 2008 4:14 PM
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bill said:

only in rhode island could this kind of garbage still be happening.can one honest politican stand up and say alves you lost go home.bill lynch and frank williams have lost their boy.i hope the fbi is watching this closely.

Link | October 13, 2008 10:04 AM
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