Sunday, June 15, 2008

If you want it done right...

(Click to enlarge. Yeah, nice stationary)

Wow! So the AG declines to initiate a ‘quo warranto’ action “at this time.” Okay…fair enough. After all, my original complaint targeted Robie Hubley a one-of-240 Amherst Town Meeting member, so I understand why the AG considers him exceedingly small potatoes.

My best piece of legal evidence was the Homestead declaration signed by Mr. Hubley on April 10 that legally declared South Hadley his new home. His wife Ms. Awad, one-in-only-five-Amherst-Select Board member, did not sign the Homestead; although she did sign a FDIC mortgage agreement that same day swearing she would be a "primary resident" of the South Hadley home by June 10.

Of course what I find fascinating about this is the town attorney sent a letter to the AG defending against my complaint (at whose request and how much cost to the taxpayers of Amherst?)

Because the AG Assistant By-Law Coordinator neglected to actually include the Amherst town attorney’s letter I’m not sure what he had to say. But it sounds like a bureaucratic delaying action and nothing more.

If I am forced to wait until 4 days before a primary election or the Fall Town Meeting (as this part of Mass General Law Chapter 51 Section 48 requires) to challenge the arrogant couple, it will be too late to get Ms. Awad’s Select Board seat on the September 16 primary ballot, thus costing taxpayers thousand$.

Hmmm…

And this is their best defense???

5 comments:

Anonymous said...

Larry, read the damn letter.

It says that any Amherst voter (such as YOU) has his own remedy to challenge the registration of any other voter, such as those two.

The AGs office is not going to act until you have already tried this -- should you do this and the Town blow you off, THEN they will act. Not before...

Larry, why haven't you challenged these voter registrations????

Larry Kelley said...

Well if you read the damn letter and then read the damn law it cites, I can ONLY challenge their voter registration 4 days before a Primary or Town Meeting both of which will not occur until this fall.

Anonymous said...

"I can ONLY challenge their voter registration 4 days before a Primary or..."

That's what I thought the first time I read it but it says "at least four days in a town, before a primary, election or town meeting, stating that the complainant has reason to believe and does believe that a certain person by him therein named has been illegally or incorrectly registered, and giving the reasons for such belief, the registrars shall examine into such complaint and, if satisfied that there is sufficient ground therefor, they shall summon the person complained of to appear before them at a certain place and time before the next primary or election or town meeting to answer to the matters set forth in the complaint"

In other words, if the election were in four days, you'd be out of luck but it is "at least" four days so you can file.

The substantive question is whether by living in South Hadley and not living in Amherst, their voter registration in Amherst is compromised because they have an obligation to remain a resident of Amherst and also not a resident of another town in order for their Amherst voter registration to be valid.

Anonymous said...

A quick call to the nice woman in the AG's office in Springfield ought to yield the errant erstwhile attachment from Amherst Town Counsel.

Larry Kelley said...

Yeah, I called the nice AG woman in Springfield two hours ago and left a voice mail message asking for her to fax it to me.