BHB Extra: Cape Cod Representation Should Be Decided By Voters

On Monday, a Special Commission of the House held a hearing into the matter of the disputed election for the House seat from the 3rd Barnstable District [see Jurisdiction in Barnstable Election for Rep. is Muddy Matter]. After hearing testimony for two hours, committee chair, Rep. Sal DiMasi (D-Boston) announced that there was no timetable for a decision and that there would be no more hearings. No more hearings are necessary. Both sides have made their positions quite clear.

Edward O'Brien, counsel for Republican challenger Larry Wheatley, who lost the election by 17 votes and successfully sued for a new election, claimed that the courts have jurisdiction in this matter. The court having ruled that a new election is in order, then, a new election should be scheduled, argued O'Brien. Candidate Wheatley also maintained that "the appropriate remedy would be a new election." Wheatley told the panel of two Democrats and one Republican that he was "not asking to be declared the winner," only seeking a new election.

Attorney William McDermott, employing the same articles of law and case precedent as O'Brien, argued the exact opposite viewpoint. On behalf of his client, Matthew Patrick, the one-term incumbent, he claimed, the House has "exclusive jurisdiction," in this matter. Further, he stated, "On December 18, when a certificate was given by the Secretary of State, Matthew C. Patrick was a successful candidate." Therefore, the argument followed, Patrick should be removed from his "holdover" status in the House, declared the rightful holder of the seat, and sworn in properly.

This hearing was cordial, orderly and pretty repetitive. The two parties acted along self-interest lines, as one would expect. Incumbent Democrat Patrick wants to hold on to his seat. He believes his best chance of doing so is for the overwhelmingly Democrat House to make the decision as to what should be done and who should be seated as Representative for the district. Challenger Wheatley wants to take away Patrick's job. He firmly believes that he won the first election and would win again if the voters of the 3rd Barnstable District had another chance to cast ballots - with no irregularities.

The stakes are pretty high for the voters of the district. Some 18,000 of them cast ballots on Nov. 5. The two candidates are very different. Patrick is a liberal Democrat, Wheatley a conservative, pro-life Republican. Nobody is denying that some voters, probably inadvertently, were disenfranchised. The voters should get another opportunity to make their desires known.

It seems relatively clear that the House can, and will, make its own decision in this matter. Even Legal Counsel to the Republican Leader in the House has opined that, "the House is not technically bound by the findings made by the Superior Court." The outcome, however, should be the same whether by court order or by action of the House. A new election should be held and the winner seated as the Representative of the 3rd Barnstable District.

The first election cannot be replicated exactly. Some people may change their votes. Many, who voted in November because of other races on the ballot, may not come back to the polls. Some may have moved or be on vacation. The facts are, however, that all registered voters in that district did not have an equal chance to cast a legitimate ballot on Nov. 5 and that opportunity should now be afforded them. They should be represented by a legislator of their own choosing - not the legislature's choice for them.

Info? Contact Curt Lovelace - 978-425-6278 - curt@lifeworkforum.org

To read Curt's Beacon Hill Beat, click here.