Elections and Endorsements

VOTE! VOTE! VOTE!

Regardless of your political views, as long as you can legally do it, EVERYONE needs to vote Tuesday, November 4, 2008. I’ll be disappointed if you vote against my opinions, but I would rather see you vote and disagree with me than agree with me and not vote. Whatever your inclination, you need to vote! I can’t stress this enough – VOTE!


Vote of Confidence

Speaking of voting, Precinct 6 voters came out on Thursday in a show of strong support for Town Councilor Janet Joakim. Joakim’s supporters easily foiled the COG-backed recall effort by over 100 votes. Congratulations to Councilor Joakim and the residents of Precinct 6!


Endorsements

Before I give out my yearly endorsements and the reasoning behind them, I do have a small rant to make. Cape Cod’s Republicans should be ashamed of themselves. That they were unwilling or unable to find candidates to run against US Rep Bill Delahunt, State Senators Rob O’Leary and Therese Murray (who is the Senate President) or State Rep Demetrius Atsalis is a travesty to the concept of a two-party system. I know that this is liberal Massachusetts, but the Cape is one of the few places in the state where people consider voting Republican. Not bringing candidates to the table in these races is a disgrace.

Now, on to the good stuff… Contested seats and ballot questions discussed from local to national…


State Rep (2nd Barnstable District)
Demetrius Atsalis (Incumbent) vs. Carl Yingling

Atsalis has served for many years in this seat. He is a wonderful person who gets more grief than he deserves from the local blogosphere. Granted, Atsalis has not helped himself with incidents that have earned him bad airtime on the Howie Carr Show. However, credit goes to Demetrius for calling in to the show and defending himself.

Local resident Carl Yingling deserves an award for doing something the local Republicans could not do – have the guts to run against Atsalis. The problem is that Yingling is not qualified to be State Rep. He should have some time on local boards or maybe the Town Council before considering a run for State Rep again…

VERDICT: All in all, Astalis has been fine as State Rep. However, he hasn’t been exceptional or note-worthy. Sometimes the best thing politicians can do is nothing, but in Atsalis’ case, it seems that he has little to show for his time in the State House. I have to agree with The Barnstable Patriot that Demetrius Atsalis should be a leader in the State House with his long incumbency. I also have to agree with the Patriot’s bold and unorthodox decision to recommend a blank ballot in this race.


Barnstable County Register of Probate
Anastasia Welsh Perrino (R) vs. Eric Turkington (D)

Eric Turkington is a name well-known in Cape politics. He has been around for a while. Anastasia Welsh Perrino does not have Turkington’s name recognition, but she has something more valuable – experience.

While Turkington has a wealth of experience in the State Legislature, he has no experience in this office. On the other hand, Welsh Perrino has had a career working in and around the office. Welsh Perrino can hit the ground running and already has plans to do so, but Turkington would need help to get the job done.

VERDICT: Anastasia Welsh Perrino is the candidate with real experience dealing with this office, and she deserves the opportunity to prove it.


Barnstable County Commissioner (2 seats)
Ric Barros (R) vs. Brad Crowell (R) vs. Mary Pat Flynn (D) vs. Sheila Lyons (D)

Barnstable County’s government is larger than most residents realize. Barnstable County’s 3 elected County Commissioners make up the county’s Executive Branch. Two of those seats are up for election with a clean slate of candidates, as soon-to-be-former commissioners Lance Lambros and Mary LeClair are leaving.

The four candidates (2 Republicans & 2 Democrats) for the seats all have excellent qualifications and experience.

VERDICT(s): Brad Crowell’s experience as chairman of the Cape Cod Commission has given him excellent insight into the Cape’s needs. He is able to look ahead to the future and plan with precision, while preserving the present. Ric Barros’ passion, fiscal responsibility and insistence on accountability will help the County in this economic downturn.


The 3 Massachusetts Ballot Questions
Income Tax repeal, Decriminalization of possession & Greyhound Racing initiatve

I'm not going to bother giving a history on these questions, so on to the verdicts...

Question 1 VERDICT: Send a message to Beacon Hill and vote YES. Will the State Legislature dare defy the people?

Question 2 VERDICT: is ILLEGAL. We should not be making it easier for people to get it and possess it. Vote NO.

Question 3 VERDICT: This blogger takes a hard line against gambling in all forms – from the Lotto to Casinos. Greyhound racing has managed to somehow survive in this state. Now is the time to end it… not for the dogs, but for the families destroyed by gamblers addicted to betting on racing (horses or dogs). Vote YES.


U.S. Senate
John Kerry (D-Incumbent) vs. Jeff Beatty (R)

If there was ever a case of needing a change, simply for change’s sake, this is it. Other than running for President four years ago, Kerry has accomplished little of note during his extended tour of the Senate. With rumors that he is seeking a Cabinet position, should Barack Obama be elected, re-electing Kerry is an even worse idea (if that is possible).

Jeff Beatty is an excellent candidate to serve our state. His combination of military, CIA/FBI and business experience make Beatty a well-rounded option. His ability to think outside the confines of normal politics is a breath of fresh air in today’s partisan politics.

VERDICT: 24 years is more than enough time to serve as Senator. Serving as a US Rep or Senator was never supposed to be a career. It’s time for John Kerry to move on. Whether now, or later, Jeff Beatty is an excellent choice to serve in the US Senate.


President & Vice-President of the United States of America
John McCain & Sarah Palin (R) vs. Barack Obama & Joe Biden (D)

John McCain is known for being “mavericky” and Obama is known for wanting “change.” The fact of the matter is that neither of these buzz words describe these candidates or their views at all.

John McCain has been a “maverick” during his career in the U.S. Senate. He has broken from his Republican ranks repeatedly and worked/voted with Democrats. However, this version of McCain has been non-existent on the campaign trail, as he has pandered to conservatives in an attempt to convince them that he is one of them. Count me among the unconvinced…

Barack Obama continues to talk about “change”, but, other than NOT being George W. Bush, Obama truly offers little change from business as usual in Washington. He lacks any true experience, and would have been a much better candidate in 4-8 years. Obama also has some highly questionable character issues. Whether really bad people as family friends (Rev. Wright and Bill Ayers) or family members living in the USA illegally, Senator Obama has been unable to show that he is trustworthy for the job.

VERDICT: One year ago, anyone who thought about the Presidential race, wondered whether they would vote for Hillary Clinton or Mitt Romney. It’s amazing how things change. I am forced to reluctantly endorse McCain/Palin, but sure that Obama will be a major player in the political scene for years to come.

R.I.P. Barnstable Town Charter

The Barnstable Patriot is reporting that the judge in the Councilor Greg Milne for Charter Commissioner case has overruled common sense and has ruled that Milne may serve on the Charter Commission. This effectively kills Barnstable's charter, because it specifically says that "no person shall simultaneously hold more than one elective town office". Now, if someone disagrees with the charter, all they have to do is go ask Judge Kane.

I have dedicated multiple posts to explaining the common sense and legal language showing that Councilor Milne is not entitled to serve as both a Town Councilor AND a Charter Commissioner. You can find them here.


To recap the events to date:

Before last fall's election, Councilors James Crocker, Greg Milne, and James F. Munafo, Jr. were seriously interested in running for Charter Commission. Before running, Munafo asked then-Town Attorney Bob Smith if the Charter would allow it. His response was an emphatic "NO".

Upon hearing Smith's emphatic opinion, Councilors Munafo and Crocker both chose not to pursue a seat. However, Councilor Milne decided to ignore Smith's (correct) decision on the charter language and run anyway.

During the 2007 election, Councilor Milne appeared on the ballot twice - Charter Commissioner and his Town Council seat (for which he was unopposed). He was told numerous times by the Town Clerk and others that he would only be sworn into one office. I know countless individuals who took this knowledge (that Milne would only be allowed one office) and voted for Milne as Charter Commissioner, hoping that he would abandon the Council for the Charter Commission.

When push came to shove, Milne (obviously) won his Council seat again and also qualified for a seat on the Charter Commission. The Town Clerk again informed Councilor Milne he would be sworn into only one office, and he chose his Council seat.

Instead of acknowledging the fact that the charter clearly prohibits anyone from holding two elected town offices, Councilor Milne (and his COG buddies) sued the town to be instated onto the Charter Commission, throwing the Commission into limbo. It is now about 9 months since this lawsuit began.


Back to the present:

Judge Kane ignored common sense, the charter's own language, and the sworn testimony of the current Charter's authoring Charter Commission Chairman (Michael Daley) all stating that it's only one town office per person.

'The town-entered affidavit of Michael Daley, chairman of the 1989 commission that drafted the charter, provides his recollection that '[W]e did not want people who were already elected to other positions in our local government serving on the Charter Commission' - Barnstable Patriot.

However, Milne has NOT been sworn in to the Charter Commission, yet. Smart money has the town appealing Judge Kane's decision, AND that court setting things right.

Yet, the largest loss in this case may not be Judge Kane's ruling, but rather the potential loss of other Charter Commissioners. Rumors are swirling that Charter Commissioners Sheila Geiler, Bob Jones and Lucien Poyant will resign if Milne is seated on the Commission. This is extremely bad news, because these 3 highly qualified candidates would be replaced by Daley and two COGers.

I wouldn't want to work with Milne either (and neither does ANYONE on the current Council), but we can't let him win twice with one decision.

So, if you know Geiler, Jones or Poyant, please encourage them to stick it out, no matter what...

Yet Another Post About the (Now Failed) Joakim Recall Attempt

Writing entries about COG's futile attempt to recall Town Council President Janet Joakim is starting to get tiresome and repetitive. Yet, necessity is the mother of invention, and so I create another post.

Yesterday, in an already anticipated move, Town Attorney Ruth Weil declared COG's recall affidavit invalid because it did not clearly inform possible signers that that they were "signing under the penalties of perjury", which is required for a legal affidavit. Citing multiple case laws, including a 1975 Massachusetts Supreme Judicial Court and a 1994 Superior Court ruling. Both clearly articulate the fact that this language is a REQUIREMENT of affidavits and how a Town Clerk handles them (whether or not she lets the process continue) does not supersede any state law or court rulings.

As the Barnstable Patriot pointed out, the recall attempt in Barnstable not involving Joakim ended up dying for the same reason. The 2003 attempt to recall Councilor Carl Riedell failed for very similar language issues.

It looks like this one is crystal clear. No amount of COG whining, moaning, groaning, yelling or screaming is going to change matters. Nor will any amount of phone calls or emails to the State Attorney General, Secretary of the Commonwealth of Massachusetts or Radio Hall of Fame Talk Show Host Howie Carr will result in any change. There is clear legal precedent in this matter, and the lawyer they hired to review this petition (and approved it) should be fired. This one is all on COG.

Though on this one, they might just go out and start over again. After they whine a bit first.

Of course, Weil's ruling and the anticipation of the expected ruling brought out more of the worst of COG. Over on the COG Living blog, they're talking about getting guns and "bankrolling" the next attempt to the tune of $2,000. The worst is coming from the main COG blog. There has been ethnic slurs (A "Femme Nazi" quote from Lopez even made it into the Barnstable Patriot's article), countless shameless attacks of all types on both the Town Attorney and Town Clerk, as well as the "piece de resistance" - a very large photo of someone giving the middle finger. Real family reading!


Now that people will be told that they are signing any recall paperwork under "the penalties of perjury", I wonder how many will actually sign it. This is not a simple sign-and-make-the-annoying-person-go-away petition anymore.


To those who complain that this ruling somehow "overturned the will of the voters": 255 signatures from a tiny precinct in Barnstable do not overrule the Massachusetts Supreme Judicial Court. Ruth Weil and the Town Clerk were simply doing their jobs in ensuring that all legal issues were covered. They could tell everyone that the petition was illegal now or a nice judge could. I'm glad they saved us the trouble.


Anyway, our friends down at the Barnstable Patriot did an excellent job of summarizing the Weil decision, so here's the link to the complete story and here's a shortened version below:

Joakim recall ends on invalid affidavit (updated)
Written by David Still II
August 05, 2008

The affidavit submitted to initiate the recall of Barnstable town council president was flawed, according to the town attorney’s office, and the recall election cannot proceed.

That is the essence of the Aug. 5 opinion from town attorney Ruth Weil in response to a request from Town Clerk Linda Hutchenrider. Hutchenrider did find that the petition submitted to recall Precinct 6 councilor Janet Joakim contained more than the necessary 255 “good signatures,” but asked for an opinion from the town attorney’s office regarding the entirety of the submission.

The defect in the affidavit is that it was not signed under the penalties of perjury, which Weil argues is a condition for a valid affidavit. In support of her opinion, Weil cited several Massachusetts cases, including a 1994 Massachusetts Superior Court case in which despite a town clerk’s issuance of recall petitions based on an improper affidavit, the recall was defective....

Weil's opinion is similar to one offered by her predecessor in 2003 during the attempted recall of then-Precinct 5 councilor Carl Riedell. The affidavits submitted to begin that process were deemed defective for the same reason after the collection of what appeared to be sufficient signatures....

Writing on his blog..., recall organizer Gary Lopez indicated that a new recall effort would commence.

“We will eschew a court challenge and begin the recall process anew on August 12th,” he wrote.