The results of a Select Board race in Clifton could change more than a month after the polls closed due to a Maine Supreme Judicial Court decision.
Two absentee ballots challenged by Clifton Select Board member Gregory Newell in March will be counted by the town after the court ruled Monday that Newell did not provide evidence that the votes should not be counted.
The two votes could change the winner of a one-year Select Board seat that was decided by a single vote in March. Cynthia Grant, a former town manager, was announced as the winner of the seat and sworn in after Newell challenged the ballots, but the two ballots could still elect Steve Armenia to the position.
Grant received 114 votes, while Armenia garnered 113.
A ballot clerk mistakenly set aside the two ballots in March, leading to the election being certified before they were opened and counted. When the ballots were found the following day, a special meeting was called to open and count them.
During that meeting, Newell challenged the votes after learning that a candidate for a three-year term on the board took out an absentee ballot for himself and his wife — breaking a state law that prohibits a candidate from taking out an absentee ballot for someone else.
The ballots were not opened.
Although Newell’s challenge said one of the ballots may have been taken out illegally, he did not provide evidence of this in his submission to the court, leading justices to rule that the votes should be counted, according to the judgment.
The affidavit was also filled out incorrectly, according to the decision. The court ruled that it lacked Newell’s voter registration information and an oath by the ballot warden.
Clifton’s attorney, Stephen Wagner, helped Newell fill out the affidavit based on state law during the March meeting.
It’s unclear when the votes will be opened, counted and ratified.
Newell does not know why Wagner didn’t submit supporting evidence on behalf of the Select Board, he said.
“This process has been mishandled from the beginning and is now a growing concern,” Newell said.
The board will discuss what steps to take following the ruling “to ensure this is resolved according to law, as election integrity remains essential,” Newell said. He did not share what those steps may be.
Town Clerk Deborah Hodgins did not immediately respond to a request for comment Monday.
Clifton residents were divided during the meeting to open the ballots. Some said that the ballots should be counted because the candidate wasn’t told he was breaking the law, while others said that neither should count because they went against the law and were filled out incorrectly.
Nearly every resident at the March meeting knew who the ballots were cast by and who they voted for because of posts on social media, multiple of which said they thought went against the spirit of a secret-ballot election.
Grant was told she would stay in the board seat until the court’s decision during the March meeting. If the votes are for Armenia, it’s unclear when he would be sworn in.
Grant and Armenia did not immediately respond to requests for comment Monday.
