McClure: 14 Day Window for Recall Has Not Started Yet

The following was submitted by Richard McClure. This is a copy of the letter sent by his office to Town Clerk Elizabeth Delaney regarding the A call to Elizabeth Delaney regarding this letter has not yet been returned.

Dear Ms. Delaney,

 Please be advised that this office represents Mr. Roland Van Liew and other registered voters who are signators to the recent recall affidavits for Jon Kurland, George Dixon, Matthew Hanson and Patricia Wojtas.  As you are well aware, Mr. Van Liew caused to be delivered to your office numerous pages of affidavits petitioning for the recall of these Selectmen pursuant to section 3-12 of the Chelmsford Town Charter on April 19, 2011. 

Mr. Van Liew informs me that as of 3:30 p.m. yesterday, the blank petitions for recall which are to be provided by your office to said petitioning voters at the time of filing are still unavailable.  It is my further understanding that, in your opinion, the 14 day period for returning the original petitions commences upon the receipt of the recall affidavits by your office and not on the day/time that your office releases the original blank petitions.  Following such logic, your interpretation of section 3-12 of the Town Charter allows for your office to verify voter signatures, type original petitions and deliver them to the signators of the affidavits, all within said 14 day window for their return.

 I must respectfully suggest that whether it is your logic that is faulty or the language of section 3-12, neither is in comport with my clients’ rights under the Massachusetts Constitution and state election laws.  Theoretically, your office could take 13 days to prepare and deliver the blank original petitions; leaving my clients only one day to obtain signatures from 10% of the town’s voters.  It is my opinion that the correct interpretation of section 3-12 is that the “filing” of the signed affidavits for recall cannot occur until the signatures have been verified and the blank original petitions are prepared for delivery; hence triggering the 14 day return period.  I attach a copy of a similar bylaw from the Town of Hardwick, MA which, while more clearly drafted, supports my interpretation of section 3-12.

 In any event, I must respectfully demand that you acknowledge, in writing and by the end of this day, that the 14 day window for the receipt of signed, original petitions commences upon the date and time of their issuance to the signators of the affidavits and NOT the date and time that the affidavits were received by your office.  Absent such a written acknowledgement, I will have no choice but to file a complaint for relief with a single justice of the Massachusetts Supreme Judicial Court pursuant to all applicable statutes and seek attorney’s fees and costs for same. 

  Finally, I see no reason for your office to fail to issue such an acknowledgement; litigation of this common sense interpretation is a wasteful use of taxpayers’ money.

 Should you have any questions, please do not hesitate to call me.

 Sincerely,

Richard P. McClure, Esq.