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December 1, 2006

Update: High court allows for public review of ballots

PROVIDENCE -- The state Supreme Court refused to block a lower court's ruling this afternoon, clearing the way for candidates locked in tight races to review rejected ballots over the strong objection of the state Board of Elections.

Superior Court Judge Stephen J. Fortunato Jr. ruled earlier in the week that the challenger in an East Providence City Council race may have access to photocopies of dozens of ballots that had been rejected by voting machines. The Board of Elections promptly filed an appeal with the state Supreme Court, asking the high court to stay Fortunato's decision.

Supreme Court Justice Maureen McKenna Goldberg met in chambers for about a half hour today with lawyers for the state Board of Elections, East Providence Mayor Joseph Larisa and his challenger, Isadore Ramos, who leads Larisa by 16 votes. Also present in the meeting were lawyers for District 72 House seat candidates Amy G. Rice, who leads political newcomer John Robitaille by 9 votes.

McKenna then referred the matter to the full court, which released an order this afternoon stating that it would not issue a stay, in effect allowing Fortunato's ruling to stand. The court gave no immediate explanation for its decision.

The state Board of Elections has consistently argued that such inspection of photocopied ballots would compromise the objectivity of the election process and be extremely labor intensive.

The head of the Board of Elections said this afternoon that he would comply with the Supreme Court's request, though it would likely take weeks, not days to collect the ballots in question associated with the East Providence and District 72 races.

Board Chairman Thomas V. Iannitti said he was disappointed that the Supreme Court took just two hours to review the case, given the vast implications of the ruling. The board would begin to collect sufficient staff to collect the ballots in question, Iannitti said, noting that more than 100 people are needed.

The matter is almost certain to return to court in the coming weeks, as candidates may seek to have some rejected ballots counted.

-- Projo.com staff writer Steve Peoples with reports from Journal staff writer Alisha A. Pina

Posted by Steve Peoples  at 4:54 PM | Permalink

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