Cape Cod candidate wants to stop Dennis from counting mislabeled ballots. What to know
DENNIS — Tracy Post, the Republican candidate for 1st Barnstable state representative in the Nov. 8 general election, is seeking an injunction against counting any of approximately 2,600 mislabeled ballots sent out to Dennis voters. The mislabeled ballots list one of her opponents, Democrat Chris Flanagan, as the race's candidate for re-election.
"It's just an unfortunate situation," Post said. "The information was inaccurate, and in our opinion, it's against the law." Approximately 3,200 mail-in ballots were sent to Dennis voters from the town clerk's office last week that listed Flanagan as the candidate for re-election.
The 1st Barnstable state representative seat is currently held by state Rep. Timothy Whelan, R-Brewster, who is not seeking reelection. Whelan, instead, is running for the Barnstable County sheriff job.
The town clerk's office intercepted nearly 600 incorrect ballots before they were mailed, said Debra O'Malley, communications director for the office of the Secretary of the Commonwealth. But about 2,600 ballots labeling Flanagan as the incumbent — the incorrect designation — reached the mailboxes of Dennis residents.
The ballot was misprinted by the Secretary of Commonwealth's office, she added, and the mistake was caught just days after the incorrect ballots were sent out in Dennis.
Corrected replacement ballots were quickly sent to the approximately 2,600 people who received the original, O'Malley said. The replacements will include a letter explaining the error and an envelope that is labeled as "corrected."
The other two towns that could have been affected by the error — Brewster and Yarmouth — hadn't sent their mail-in ballots out yet, so no voters in those two towns received incorrect ballots, O'Malley said.
Dennis voters who have already filled out and sent off the incorrect ballot have the option of completing and mailing in the replacement ballot, but if they don't the original ballot will be counted, O'Malley said.
An injunction against the vote counting is being sought in Barnstable Superior Court by Tracy Post
In a complaint filed in Barnstable Superior Court on Tuesday, Post contends that the original ballots are defective, and counting them in any scenario would be a violation of election laws.
The complaint also alleges that the Secretary of the Commonwealth's office ignored "repeated objections from Post Campaign representatives" on the handling of the situation, and that the notice to voters included in the corrected ballot mischaracterizes the designation as just a minor error.
"It's very confusing for voters," Post said. "I think the second ballot is the only one that should be counted. He received a designation he didn't earn. In our opinion it's against the law."
Secretary of the Commonwealth responds to the complaint
The ballots are practically identical, and Flanagan's incorrect label would not result in either ballot being counted differently, O'Malley said.
"Unfortunately sometimes ballot printing errors occur, but this isn't a matter of a candidate is missing from the ballot," she said. "The tabulator will count whichever ballot because all it is is a small notation next to the candidate's name, but the clerk will wait to see if the voter sends back the second ballot, to give them that opportunity."
Flanagan said several people reached out to him about the mistake after they got their mail-in ballots, and he immediately called the Secretary of the Commonwealth's office.
"I filed everything appropriately, it was an error on their end," he said. "My focus was making sure town clerks were aware, and were able to get in touch with the Secretary's office."
Judge's decision pending after Oct. 20 hearing
Post's complaint, which names as the defendants the Secretary of the Commonwealth William Galvin, director and legal counsel of the Secretary's Elections Division Michelle Tassinari, and Dennis Town Clerk Theresa Bunce, was heard by a judge on Oct. 20, according to court records.
A decision is under advisement as of Friday morning, according to court records.
Bunce declined to comment because the error is now a matter of litigation, but encouraged anyone with questions to reach out to the clerk's office at 508-760-6112.
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