Date for special election disputed

By Scott Merzbach
Staff Writer

Published on July 25, 2008

A special election to bring the Select Board back to a full contingent is scheduled for Sept. 16, but the possibility of depriving area college students of full participation in voting might force board members to change the date.

Vince O'Connor, of Summer Street, told the Select Board Monday that not only is the Sept. 16 date to replace board member Anne Awad not fair to college students who might want to engage in the process, either by running for office or working on behalf of candidates, but also could violate an agreement the town made following a 1973 lawsuit filed by the late political activist Eric "The Rat" Walgren on behalf of students.

Awad announced last month that she would be leaving the board effective Aug. 31 because of threats and stalking done by another Amherst resident. She and husband Robie Hubley, a Town Meeting member and former Select Board member, purchased a house in South Hadley in April.

The tentative election date, coinciding with the state primary, is forcing people to file nomination papers, with 50 signatures of registered voters, by July 29. So far, only two residents, Planning Board member Aaron Hayden and former Select Board member David Keenan, have taken out nomination forms to be on the ballot to fill the seat.

"The deadline for nomination papers is at the end of this month, when clearly no college students, or very few, are in Amherst," O'Connor said.

Weiss said having the town election at the same time as the state primary would save around $4,000, but noted O'Connor's point is well taken, both legally and from a representation standpoint.

"I tend to agree with you it poses a representational problem," Weiss said.

Board member Stephanie O'Keeffe, though, said that board should also take into consideration so few college students vote at the campus precincts that they have been dissolved, and that no matter who wins the election this fall, he would have to run again next spring.

"We have to weigh all the factors and not just look at the representation piece too much," O'Keeffe said.

Town Manager Larry Shaffer will consult with town attorney Joel Bard of Kopelman and Paige over the next several days, with the idea of the Select Board coming back next week with a decision on whether to change the election date.

While the board did vote on designating the Sept. 16 date, members didn't sign any documents, Weiss said.

Pushing back the date would merely extend the dates for getting nomination forms and registering to vote.

Shaffer said preliminary consultation with Bard shows no evidence of any wrongdoing on the Select Board's part.

"His general sense is there is no problem with the Select Board action taken so far," Shaffer said.

In the Walgren case, the town was sued over an election calendar that set the caucus during the winter break at the University of Massachusetts and Amherst and Hampshire colleges.

Two years later, the U.S. Court of Appeals refused to set aside the 1973 town election.

But the town was warned the so-called "Walgren Decision" should not be seen as a precedent encouraging the scheduling of a major component of the election process at a time that is inconvenient for students to participate.

The issue of the students' right to vote came up again in 1991, when the Select Board scheduled a special election for a vacant seat and mandated nominations be closed Aug. 20.

The board later reaffirmed a policy statement that municipal elections should be held at times when "all registered voters" are in town, prompted by a visit to the board by Walgren.

The Select Board has considered having the special election coincide with the presidential ballot in November, but Town Clerk Sandra Burgess recommended against this.

A typical election costs between $9,000 and $11,000, whereas holding the special election on the same day as the primary would likely only cost an additional $5,000 to $6,000.

O'Connor said the Select Board should err on the side of inclusion by choosing a more appropriate date.

"I just would encourage the board to look in your hearts and do what is right," said O'Connor, noting that previous boards have always abided by the spirit of the Walgren settlement.