LYNNFIELD — The saga continues.
Attorney Bradford Keene, representing unsuccessful selectman candidate Cathleen “Katy” Shea, sent a letter to Town Clerk Trudy Reid on Wednesday, May 13, informing the town that Shea, “Intends to contest the April 13, 2015 town of Lynnfield Selectman election and recount thereafter, dated May 2, 2015.”
According to the letter, Keene requested Reid to “retain any and all materials related thereto, including ballots, both used and unused, absentee ballots and mailing envelopes both used and unused, as well as
any and all containers containing the ballots and related materials for such office.”
Additionally, Keene states in his letter, “The purpose of this letter is to request that you preserve any and all such records and memorializations of any type and nature until such time as ‘ … the (appropriate) Court, and or any body having jurisdiction under any constitution, statute or charter to judge the elections or returns of its own members … may require the clerk to produce such envelopes and/or containers and/or ballots.’”
Keene declined commenting on the letter when contacted by the Villager. He also declined commenting on whether he will be seeking a preliminary injunction seeking to void the selectman’s election and recount.
When asked to comment on the letter, Town Counsel Tom Mullen commented, “I have not heard or seen anything from attorney Keene. As I understand, had (Shea) not sent that notice, the town clerk would have been within her legal right to destroy the ballots. By putting us on notice of a potential suit, attorney Keene is requiring us to preserve the ballots.”
Selectman Chris Barrett defeated Shea in the April 13 town election. The recount was held on Saturday, May 2 at the Al Merritt Media and Cultural Center. Barrett’s recount total matched his election night vote count of 1,354. The additional three votes that Shea gained from the recount moved her total from 1,315 to 1,318.
Shea requested the town election recount. Before the recount took place, Keene objected to Reid participating in the recount based on alleged conflict of interest by virtue of the fact that the race being contested was for the Board of Selectmen, which appoints the town clerk. Reid is up for reappointment later this year.
Keene also maintained Reid would not be an objective overseer of the original election because Reid would be “reviewing her own work” by supervising the recount. Keene also objected to Reid’s involvement on the basis of his contention that the town clerk is not a lawfully appointed member of the Board of Registrars and that the office of town clerk was not lawfully established.
After Mullen urged the Board of Registrars to deny Keene’s request to disqualify the Town Clerk, the Board of Registrars voted 2-1 to deny Keene’s request. Chairwoman Kendall Inglese and Reid voted to deny the request. Robert Casoli voted in support of Keene’s request.
