Small Town News

Rehoboth election board dismisses petition

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Paterson will not have to pay attorney fees

A hearing on reconsideration of the decision on former Commissioner Ron Paterson's election complaint was over almost as quickly as it began

In a meeting that took less than 15 minutes, the board determined it had no jurisdiction or authority to reconsider its decision to dismiss Paterson's complaint. The board also dismissed a request by the city to have Paterson pay the city's attorney's fees, also citing a lack of jurisdiction.

The board did not hear any new. testimony at the hearing, basing its decision on the pre-meeting briefs filed by the attorneys: Gene Lawson for Paterson, city solicitor Glenn Mandalas and Guy Martin, representing his wife Nancy, who was named in the original complaint along with the political action committee Save Our City, of which she is a member.

The city argued that the board has no authority to reconsider or modify its decisions and that Lawson's and Paterson's appeal options are clearly spelled out. The complainant can appeal the board's decision to the state commissioner of elections or file suit in Superior Court.

Board Chairman Allen Morris said, "A decision of the board may be appealed to the Commissioner of elections within two business days, so I don't see any reason for this board to rehear."

In its response, the city also asked to be awarded attorney's fees "based on Mr. Paterson's bad-faith conduct in filing such an improper petition." Martin was working pro bono, and did not ask for attorney's fees, but he supported the city's request for fees. However, the board determined that it is not in its jurisdiction to award attorney's fees, although Morris said the request was not done in bad faith.

The brevity of the reconsideration hearing stood in contrast to the July 7 complaint hearing. In front of a packed commissioners' room, the board dismissed Paterson's complaint, which claimed the city's absentee balloting procedure was flawed and that Save Our City engaged in questionable pre-election activity by encouraging so-called early voting by absentee ballot.





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