DALTON, Mass. — The only thing that can stop the February special election is a court order. 

 

The town has heard back from its legal counsel regarding the erroneous date left on the instruction sheet for the mail-in ballots. The town's attorney confirmed that there is no problem with the election going forward, Town Manager Thomas Hutcheson said. 

 

The mail-in ballots started going out last week, but 28 voters were surprised to find the printed instructions said to have them returned to the town clerk by Nov. 5, 2024 — information left behind from the general election in November. 

 

The special election to decide who will fill the vacant Select Board seat will occur on Feb. 3 and the Select Board approved the use of mail-in ballots last month. 

 

"Based on case law from other towns where similar problems occurred, if the margin of victory is smaller than the number of potentially problematic ballots, it could be contested, though," Hutcheson said. 

 

"Town Clerk [Heather Hunt] has taken a number of steps to ensure that there would not be a problem if it is contested: the information is posted on the website, and the town clerk wrote each of the people who received mail-in ballots with correct instructions, as well as following up with a phone call to each explaining the situation." 

 

Upon becoming aware of the mistake on Saturday, Hunt and her assistant Patty Mele-Nichols went to the Town Hall to rectify the situation. 

 

She purchased the 28 first-class stamps send out the letters and said she had no intentions of asking for reimbursement.

 

"So any expense that's incurred due to this minor error is being covered by myself and my office, so that nothing at all falls on the taxpayer as it should not," she said Saturday.

 

She also expressed her disappointment with how Select Board member Marc Strout handled his notice to the town on his Select Board Facebook page. 

 

"It is the town clerk, which is an elected position, responsibility to make sure all information is correct so that we can have a proper election ... I will advise when I have more information. I am extremely frustrated at this developing situation," he wrote on the page. 

 

Hunt said this was a minor mistake and explained that her office has been overwhelmed given that this will be the fourth election in the last year. There was one in March, September, and November.

 

"I'm deeply saddened that our elected selectman, Marc Strout, didn't find it in him to pick up the phone and call me [about the mistake,]" Hunt said.

 

"Instead, he took to Facebook, which his page is widely known throughout the town as being the town's Facebook page, even though it's not, and I guess, emailed all kinds of people, and this morning, this just blew up into something that this should have never happened." 

 

Hunt said she takes full responsibility for the error and is confident her office is getting the correct information out as quickly as possible. 

 

Hunt also reached out to the state election attorney and received a response, which she has yet to release. The situation will be discussed further during Monday night's Select Board meeting at 7 p.m. in the Senior Center 

 

The clerk's office still has applications trickling in, and Hunt emphasized that the instructions will be correct for future deliveries. 

 

Mail-in ballot applications are being accepted until Jan. 27. Voters should complete the ballot as soon as possible once they have been delivered. However, ballots received by 7 p.m. on Feb. 3 will be counted.