Override Robo Calls Now In State's Hands

The rash of robo phone calls and a push poll sent to Belmont voters in the final days before an unsuccessful Proposition 2 1/2 Override vote a month ago is now a legal matter.

Town Clerk Ellen O'Brien Cushman send a letter Friday, July 16 to Greg Birne, general counsel of the Massachusetts Office of Campaigns and Political Finance officially filing a complaint that "an individual or group likely spent more than $250 in an effort to affect a ballot question but no one has filed with the Town Clerk's office."

Many override supporters angrily claimed the information provided in the anonymous calls and from a push poll were purposely misleading and deliberately distorted the facts concerning the impact of the override on town voters in a blatant attempt to influence the vote.

If the person or organization that authorized the calls is discovered, the scofflaw's penalty could be the acceptance of a public resolution letter and a civil fine, said Jason Tait, OCPF spokesman.

In rare cases, the investigation could be sent off to the state's Attorney General Office for further action.

The substance of Cushman's complaint refers back to the closing days of the Proposition 2 1/2 election before the voting on June 14.

She noted that the group One Belmont had filed the necessary paperwork to act as a committee advocating a yes vote.

In the week leading up to the election, a recorded "push poll" from an unidentified source was send to Belmont residents. The text read:

"To override Proposition 2 1/2 to pay for among other items raises for town and school officials. The outcome of this vote could determine whether your property taxes will increase this year and subsequent years and by how much.

If the election were held today, would you vote yes to the override, if so, press one; to vote no, press 2."

Cushman notes in her complaint with the state, during the final weekend before the Monday vote, voters received another call, "this time strongly advocating a No vote. No individuals or group claimed responsibility or involvement."

She stated that One Belmont responded with its own robo calls supporting the measure.

Cushman said she worked with several media outlets "in an attempt to convince the individual(s) responsible to file the appropriate municipal campaign finance report within the 30 day post-election period.

She noted in the letter that 30 days have passed and no one has file the necessary paper work.

The Proposition 2 1/2 override measure set to raise $2 million to help fill a $3.2 million budget gap failed by 4 percent.

With the complaint in the hands of the state, its fate will be shrouded in secrecy. OCPF investigations work on the lines of a grand jury and will not admit they are conducting an active investigation. 

Tait did say that investigations by his office in the past have resulted in fines.

The OCPF has three years to investigate the complaint.