Recount looms as registrars navigate COVID concerns

By Jay Turner

Update: The Board of Registrars voted on Thursday to schedule a full recount for next Thursday, July 16, beginning at 8 a.m. in the Canton High School cafeteria.

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Voters who have been eagerly awaiting the final outcome of the 2020 Select Board race between presumptive winner Lisa Lopez and current runner-up Tom Theodore will soon have their answer as the Board of Registrars finalizes plans for a formal recount of ballots — the town’s second in as many spring election cycles.

While the registrars had hoped to settle on a date and venue for the recount by Tuesday of this week, lingering concerns over health risks related to the coronavirus have complicated matters to a degree. At their most recent meeting conducted via Zoom, members weighed the pros and cons of holding the recount outdoors but stopped short of making a final decision. Instead, attorneys for the candidates requested some additional time to confer and the registrars agreed to reconvene on Thursday, July 9 (today) at 3 p.m.

Although willing to wait another couple of days, Town Clerk Tracy Kenney said they owed it to the candidates and voters to move the process along and suggested that the recount could be conducted as soon as next week. Kenney did note that the candidates were entitled to a minimum of three days’ written notice and pledged that whatever day the recount is held, it would be conducted “as safely as possible” for all participants.

“As the Board of Registrars, I know we have to make this decision for the community; I certainly don’t want to put anyone in danger,” said Kenney, while also cautioning that there is no “perfect way to do it” that would eliminate the health risks entirely.

On the question of location, Kenney said attorneys for both Lopez and Theodore have expressed their preference for the recount to be held indoors and in person (as opposed to virtually), and she and her colleagues seemed inclined to agree. She mentioned the Canton High School cafeteria as a possible site due to its large size, number of windows and doors, and high ceilings. She added that a number of other local communities also had recounts planned and none, to her knowledge, were scheduled to be held outdoors.

Not everyone who spoke at the meeting favored the indoor option, however. Notably, Town Counsel Paul DeRensis strongly urged the board to consider an outdoor venue, citing scientific literature that he said suggests a “significant difference” between indoor and outdoor facilities in terms of public health risk.

“So it’s a function of risk and how much risk people want to incur,” said DeRensis. “Many of these observers are volunteers and it seems to me it’s incumbent on the Board of Registrars and all of us to try and provide as safe a facility and a recount as we can.”

DeRensis, who was also the primary advocate for holding the annual town meeting outdoors, noted that that event was managed successfully on the CHS turf field despite facing early skepticism from the Select Board. In fact, he said the practical issues raised by the two boards were virtually identical, including both weather and logistical concerns.

Kenney, however, said an outdoor recount would likely require a much longer timeframe and poses its own unique challenges, including the task of managing and keeping track of more than 4,200 paper ballots — a potential nightmare on a windy day. And while she conceded DeRensis’ concern about possible asymptomatic participants posing a greater risk to others in an indoor space, she said she was still leaning toward the indoor option and expressed confidence in the various preventive measures that would be put in place — everything from mandatory mask and glove wearing to social distancing measures to the use of acrylic tabletop shields for “extra protection.”

While not budging on his strong preference for an outdoor venue, DeRensis said if they were to hold it in the cafeteria, then they should forego the air conditioning and “throw open” as many windows and doors as possible to ensure proper ventilation.

The issue of COVID testing was also raised during Tuesday’s meeting and Gerry McDonough, attorney for Lopez, suggested that the town may want to consider providing testing for everyone who attends. DeRensis clarified that governments cannot legally mandate medical testing, although McDonough said candidates could impose it as a requirement for their own volunteers while testing could be made available as an optional measure for anyone else who planned to attend.

As for the political stakes of this year’s recount, Theodore will be looking to reclaim a seat he has held for the past three years while Lopez is hoping to hold onto her first elected office after coming up just short in a recount bid last spring. This year, incumbent Chris Connolly was declared the overall winner while Lopez overtook Theodore late on election night after all of the hand-counted ballots were factored in. The current margin of victory heading into the recount is 2,250 to 2,243 in favor of Lopez. Joe Amrhein, who finished a distant fourth in the race, is not expected to participate in the recount but has expressed in interest in attending as an observer.

Based on her own rough calculations, Kenney said she is expecting a minimum attendance of around 35 people at the recount, including registrars, talliers, candidates, their attorneys and observers, and law enforcement personnel. She added that members of the public, by law, are also permitted to observe the recount and they do not intend to exclude anyone. DeRensis did note that the recent guidance from Governor Charlie Baker has capped the limit on indoor gatherings at 25 people; however, Kenney said it is not clear whether those restrictions apply to government activities and she has reached out to multiple state offices seeking clarification.

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