The State Elections Enforcement Commission has voted to authorize an investigation into the absentee ballots used in the January 6, 2020 referendum regarding the Board of Finance ordinance.

In accordance with State statute, absentee ballots must match the sample ballot used for demonstration purposes and the official ballots distributed at the polls, which identify the town, the date, and the type of voting event, instruct the voters to fill in their selected choice, and state the actual question next to the corresponding ovals. The absentee ballots in question, however, contained several additional instructions on all aspects of the process. Most disturbing was the heading. Instead of the language on the ballots used at the polls: “Official Ballot, Town of Hampton, Referendum, January 6, 2020”; the absentee ballots stated: “Town of Hampton, Official Absentee Ballot, January 6, 2020, Referendum — Rescind Ordinance Establishing a Board of Finance”.

According to the Registrars of Voters, on the morning of the referendum a citizen who received an absentee ballot brought to their attention that it contained additional information not normally included. The voter was particularly concerned with what was perceived as a directive and an attempt to influence the vote. When the rest of the absentee ballots were processed prior to the close of the polls, it was discovered that all of the others were marked in the same manner as the one that generated the initial concern. The officials processing the ballots, who have served in this capacity for many years, confirmed that they had never before seen an absentee ballot that differed from the official ballot. After contacting the Office of the Secretary of State, the Registrars were referred to the Elections Enforcement Commission and were directed to send copies of the official ballot, the absentee ballot, and the sample ballot. After reviewing the materials, commission members determined that the matter warranted an investigation.

The absentee ballots for referenda are produced by the Town Clerk, the official ballots, by the Registrars. The questions included on the ballots are based on the legal notice for the Town Meeting which precedes the vote, in this case “Shall the ordinance titled ‘Establishment of a Board of Finance’ be rescinded?” While the Registrars claim they’ve always asked the Town Clerk to proof the official ballots to affirm that all information matches the legal notice, the Town Clerk does not typically ask the Registrars to proof the absentee ballots, stating in their referral “we have never previously had a reason for concern”.

Peter Witkowski