Candidate Sues Salem Over One-Vote Election Loss

SALEM, MA — Jerry Ryan, who lost the Ward 6 City Council race by one vote last month, challenged the election results in a lawsuit filed in Salem Superior Court last week. In his filing, Ryan claims a Spanish-speaking voter who arrived at the polling place 20 minutes before it closed on Nov. 5 was not allowed to vote and not given a provisional ballot. Megan Riccardi's one-vote victory was certified in a recount on Nov. 25.

Ryan is asking for the voter to be allowed to cast his vote and hold a new election. He also wants an injunction that would block Riccardi from being sworn in until the court issues a ruling. His lawsuit claims an English-speaking voter who had been waiting in line behind the Spanish-speaking voter was allowed to cast a ballot.

"The English-speaking voter was allowed to step ahead of the Voter to the check-in table and was permitted by the city to cast her ballot," the complaint said. The city "unlawfully instructed [the Spanish-speaking voter] to exit the polling location, preventing him from casting a ballot for Ryan."

Ryan's filing also raises questions about the recount. In additions to discrepancies between the number of people that checked in and checked out at polling places on election day, the complaint raises questions about how absentee ballots were tabulated during the recount.

Election officials "did not maintain the procedural safeguards o prevent fraudulent ballots from being cast," the complaint said.

The count remained 612-611 after the nearly five-hour-long recount process. There were two protested votes, with the board of registrars awarding one to each candidate. Attorneys also raised protests about absentee votes lacking postmarks and signatures on voter check-ins. The protests preserve the right for the losing side to challenge the recount results in a lawsuit.

Riccardi replaces Beth Gerard, who did not run for re-election.