FREEDOM CORNER: Botched Board of Ed Vote Is Over, But Questions Remain
,Moderator Patrick Lucas (L), Counter Pat Kral, Registrar of Voters Nanci Howard, 1st Selectman Todd Carusillo, and Town Clerk Barbara Breor (seated) - June 17th Town Meeting
The July edition of The Goshen News included extensive coverage of the chaotic June 17th Town Meeting and the invalidation of votes on two agenda items at that time: Election of one Board of Education representative for District 20, newly formed, and a petition question regarding preservation of property purchased by the Town on Sharon Turnpike as open space. While townspeople left the meeting expecting revotes to be scheduled on both items, the story took some unexpected twists and turns after that night, leaving important questions unanswered, even if Town leadership considers both items resolved.
Through a series of interviews and inquiries, The Goshen News has been working to put the puzzle pieces together on the Board of Education election. What happened? Was it proper? If not, what should have happened?
WHO CALLED THE ELECTION?
As previously reported, Town Meetings are run by a Moderator, elected at the outset of the meeting. Patrick Lucas was chosen for that role on June 17th. More often, the Moderator of such Town Meetings has been Patrick Rielly, who had scheduling conflicts and could not be present. As also previously reported, Democratic Registrar of Voters Nanci Howard explained that the role of the Registrars at a Town Meeting is limited to checking people’s eligibility to vote before handing them a ballot.
Once the ballots are cast, four counters, 2 Democrats and 2 Republicans, count the ballots. The Goshen News spoke with Democratic counter Henrietta Horvay and Republican counter Devin Stilson about what happened that night from their perspective.
After climbing the stairs to the packed school cafeteria, Horvay said she was told that they were adjourning to the gym. “The whole thing should have been canceled,” Horvay said.
The chaos that characterized the vote for Board of Education representative has previously been detailed as well. Republican election Moderator Marianne Arancio Stilson, who was not working the Town Meeting vote, told us: “I’ve been saying it for forever…If you’re gonna’ get hundreds and hundreds of people,… you can’t do it this way anymore.”
Devin Stilson told us that the counters each counted all the ballots “at least four times”, a statement corroborated by Horvay. Each time they got the same result: “161 to 160.” Stilson said that Registrar Nanci Howard leaned in as they were preparing the final tally and said “I just want to let you know someone was given a ballot that wasn’t eligible.” According to Stilson, he then turned to Horvay and said “This isn’t valid,” and her response was “Absolutely not, of course this isn’t valid.” “ We don’t make any decisions, all we do as tellers or counters is you count the ballots,” said Horvay. But she also said that before the Moderator makes the call, the Registrar has to agree with the counters. She confirmed that Howard told them they were one vote off.
Stilson said that Town Clerk Barbara Breor leaned in at that point, looked at their tally pad showing 161 Dadonna to 160 Cole, pointed her index finger at the 161 and declared “That’s the winner.” He told us that he then said “No, it’s not, it’s not valid,” but that Breor walked over to Lucas, who announced Dadonna as the winner. Stilson’s reaction was “What the hell just happened?”
Some 20 minutes later, shortly after the vote to adjourn the meeting, Lucas announced: “I have just been informed by our Registrar of Voters that our vote on the Board of Ed was not a valid vote and that our totals did not line up with the total of registered voters.” He then said it would have to be addressed at a future town meeting.
The question of an invalid voter has also been covered previously, as the voter in question was merely inactive, according to Howard, and could have been reactivated had there been the required forms available for him to sign. But there were also an unknown number of voters who were denied ballots because they did not have ID. They, too, should have been allowed to vote after signing a form, Howard told us. While no number of such improper refusals has been specified, 1st Selectman Carusillo told The Goshen News that he personally knew of 3.
A July 11th Waterbury Republican American article stated: “A legal opinion was requested after staff Attorney Bernard Liu of the Secretary of the State’s office, who was asked to review the town meeting issue by Goshen resident Lynette Miller, responded that an inactive voter arriving at the polls is to be reactivated once they provide identification, which the voter in question did.”
The Goshen News later spoke with Attorney Liu at SOTS who stated the office does not get involved in Town Meeting votes and does not declare winners in any election. They are merely “a filing cabinet” for results filed by election moderators. Another attorney in the same office stated this type of dispute is typically resolved by having the Town Attorney refer to the town charter, in towns that have one. (Goshen does not). When there is no town charter, it falls to the town’s legislative body to act. In Goshen, the townspeople are the legislative body.
Liu stated had he known the entire story he would not have issued the statement in the Republican American. He concurred with the other SOTS attorney who told us that the matter should go back to the Goshen electorate. However, Goshen did not have a re-vote.
A re-vote was originally scheduled for June 27th, and although a heated argument developed and spilled over onto social media regarding a scheduling conflict with a Region 20 Board of Education meeting slated to be held that same night, it was resolved by relocating the Region 20 meeting to Goshen. That all became irrelevant, however, when the revote was abruptly canceled by the 1st Selectman. In response to a Goshen News reporter’s question, Carusillo stated that the matter was in the hands of the State Election Enforcement Commission (SEEC) and the election attorney hired by the town, and that no further action would be taken until their decisions were issued.
The Goshen News contacted SEEC attorney Will Smith, who told us he could not give any information to The Goshen News because there was no complaint in front of him regarding the vote. When asked if ANYONE from Goshen had made a complaint regarding the issues of the June 17th vote, he emphatically replied “NO”.
No letter was ever issued by the Carmody & Torrance….attorney. Instead, a press release was issued by the 1st Selectman, which he claims was drafted by the attorney. The Goshen News reached out to the Waterbury firm Carmody Torrance et. al. to ask for clarification of the statement released and to find out whether they had been made aware of the improper denial of ballots to registered voters who did not have ID with them on June 17th, but they did not respond. Neither did Town Attorney Chip Roraback when we called his office.
The following press release was the only document produced:
FOR IMMEDIATE RELEASE
Town of Goshen First Selectman Todd Carusillo announced the results of legal analysis conducted by special counsel regarding the outcome of the June 17, 2024 election of the Town’s representative on the Region 20 Board of Education. The result of the election was 161 votes for Ashley Hall Daddona and160 votes for Emily Cole. Due to good faith concerns with the election, local election officials declared the election results invalid. A subsequent town meeting for a re-vote was scheduled for June 27. The June 27 town meeting was adjourned to allow for legal advice regarding the election.
Special counsel Carmody Torrance Sandak & Hennessey LLP advised First Selectman Carusillo that local election officials do not have the authority to invalidate an election. Such power is held by the Connecticut Judiciary. Therefore, special counsel determined that the 161-160 vote in favor of Ashley Hall Daddona stands at this time. Special counsel also advised that aggrieved persons may challenge the election result in Superior Court within 30 days after the June 17 vote.
The election is over, Dadonna has been sworn in, and having suffered brutal personal attacks in social media during the course of this matter, Cole decided to take the issue no further. The questions regarding election integrity remain, however. To have those questions answered, The Goshen News has filed a complaint in the public interest with the State Elections Enforcement Commission (SEEC) and will report on their responses when they become available.
