[RP TownTalk] Concerning Ward One Special Election and the Potential for a Runoff

[Vernon Archer]

As most of you know there was an amendment to the Charter introduced
at a Legislative Session on Monday evening regarding the timing of any
runoff election that may be required following the Ward One Special
Election.  In order to clarify the situation, I am breaking my habit
of staying off of the town's email lists.

It is important to note that the amendment will have no effect unless
we have a runoff election, and that it affects only the date of the
runoff election.

The Charter requires that any elected official must receive a majority
of the vote in an election (50%+ 1).  A Special Election is no
exception.  This is usually not an issue since there are rarely more
than 2 candidates for an office.  In the current election, there are
only two candidates with names on the ballot because only two persons
completed a ballot petition.

However, there is a third candidate who, while not on the ballot, is
running a write-in campaign, and therefore there is a possibility that
no candidate will get a majority vote on December 10.  If this
happens, the law requires a runoff, and as the charter is currently
written there is no provision for us to hold such an election earlier
than the 4th Monday in May.

I asked our town attorney, Fred Sussman, to look for any legal
alternatives under the Charter as it currently exists.  His strong
opinion is that there is currently no legal method to hold a runoff on
any date other than the 4th of May. We must amend the Charter to do
anything earlier.

Clearly we do not want to risk having the Ward One seat sit vacant for
6 months.  Therefore, an Amendment was introduced that will allow the
council to choose a runoff date between 21 and 30 days after the
initial election. If the council passes the amendment at next Monday
night's Legislative Meeting, the new amendment will take effect in
mid-January and the runoff will take place in February. Not an ideal
situation, but clearly better than May.

I hope this clears up any questions you may have on this matter.

Best wishes,

Vernon Archer, Mayor
Riverdale Park
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