After Testimony, Salem Recount Hearing Continued

SALEM, MA — Lawyers for Jerry Ryan and the city of Salem will be back in court Friday for the continuation of a hearing in Ryan's lawsuit challenging last month's Ward 6 city council election, Ryan filed the lawsuit after a recount verified Megan Riccardi's one vote victory over Ryan. Ryan claims at least one voter was turned away from the polls and is challenging several absentee ballots.

If Lawrence Superior Court Judge John Lu upholds Ryan's challenges on two or more of the ballots, there would be a new election. If Lu only upholds the challenge of one ballot, the election would be ruled a tie. In tie elections, the other members of City Council would vote to fill the vacant seat.

During the evidentiary hearing Thursday on Ryan's motion for an injunction barring the city from swearing in Riccardi, the court heard testimony Ulises Escalera, a U.S. citizen from Puerto Rico who has lived in Salem for more than a year. Ryan's lawsuit claims Escalera, who speaks Spanish, arrived at the polling place around 7:40 p.m. on Nov. 5 but was not allowed to vote. An English-speaking woman in line behind Escalera was allowed to vote, according to the lawsuit.

The court also heard from Tyler Terry, who lost in the preliminary election for the race and then volunteered for Ryan's campaign. In the election's waning hours, Ryan's campaign called registered voters who had not yet voted. Terry drove Escalera to the polling place.