The Rhode Island Board of Elections voted 4-0 Wednesday to reject a challenge regarding the nomination of Lori Urso as the Democrat in the Senate District 8 race. (Screenshot)
Lori Urso will remain on the November ballot as the Democratic candidate for Pawtucket’s Senate District 8, after the state elections panel tossed a complaint challenging Urso’s nomination.
The 4-0 vote by the Rhode Island Board of Elections Wednesday came after a winding, and at times, convoluted debate, over the state statute governing the nomination process after a candidate drops out. Democratic Sen. Sandra Cano, who has held the seat since 2018, abruptly resigned and withdrew her candidacy on Sept. 12 — two days after the primary — setting off a scramble to fill the spot. Rhode Island Democratic Party Chair Liz Beretta-Perik formally named Lori Urso as the appointed successor on Sept. 13.
But independent candidate Cathyann Palocsik cried foul over the “attempted coronation,” pointing to a state statute that, in her interpretation, authorized the Senate District 8 Committee, not the state party chair, to name a replacement candidate.
“Our position is that the party missed its opportunity to place someone on the ballot,” Nick Gorham, the attorney representing Palocsik, told the elections panel Wednesday. “It’s too late now.”
But Raymond Marcaccio, counsel for the Rhode Island Board of Elections, offered a different interpretation of the same statute, pointing to a separate clause that includes state legislative seats as “state offices.” Under that interpretation, the state party committee is the correct group to make a replacement nomination.
“It seems clear to me that there’s a bifurcation,” Marcaccio said. “Not only does it read that way, but it’s also logical to have the statewide committee handle state offices, and the local committee handle local offices.”
Gorham was undeterred. Regardless of the interpretation, he argued that the law itself was flawed, since the state legislature enacted the clause defining its members as state officers. This violates the separation of powers doctrine under the state and U.S. constitutions, according to Gorham, a lawyer who also served 10 years as a Republican state representative.
“It’s just wrong,” Gorham said.
Yet, when pressed by election panel members, Gorham was unable to cite specific case law supporting his point And constitution or not, the Board of Elections cannot overturn or remedy state statutes.
“The Board of Elections is a creature of the General Assembly,” Board Member David Sholes said. “We have to follow what the legislature says.”
Vice Chairman Louis DeSimone agreed.
“The only body that can confirm that question is the Supreme Court or the General Assembly,” DeSimone said. “As much as I’d like to be able to change some parts of our election law, I don’t think we have any ability to do that.”
Nicholas Gorham, left, and Cathyann Palocsik, right, address the Rhode Island Board of Elections at its meeting on Wednesday, Sept. 18, 2024. (Screenshot)
Palocsik did not immediately return inquiries for comment Wednesday.
Beretta-Perik said in an interview after the meeting that she was pleased the matter was settled.
“We followed the rules as they were explained to us, and the Board of Elections concurred,” Beretta-Perik said. “Time to move on to the election.”
Urso was also ready to ramp up her campaigning, undeterred by the controversy surrounding her initial nomination.
“Now, there’s no question about the legitimacy of the appointment,” she said. “It’s not unprecedented that there’s been a challenge. It’s part of the democratic process.”
Palocsik did not immediately return calls for comment Wednesday.
Jennie Johnson, chair of the election board, along with members Marcela Betancur and Randall Jackvony were absent from the meeting.
Recount request rejected
Also Wednesday, the elections board rejected a recount request in the Rhode Island Senate District 17 Democratic primary. Candidate Alexander Azar, who lost the Sept. 10 primary to Cameron Deutsch, asked for the elections panel to recount the votes cast. However, the request was rejected because the margin between the two candidates was too large.
State law authorizes manual re-feeding of ballots submitted into voting equipment if the losing candidate trails 200 votes or 2% of total votes cast, whichever is less. Azar lost to Deutsch by 68 votes — nearly three times the 24-vote separation required by the 2% parameter.
Neither candidate spoke at the hearing Wednesday. Deutsch will face Republican Sen. Thomas Paolino in the November election.
Primary turnout cracks 10%
More than 10% of registered Rhode Island voters participated in the Sept. 10 primary. Barely. The final tally of 80,546 ballots cast in the primary, certified by the Board of Elections Wednesday, represents turnout of 10.5%. More than two-thirds of voters cast their ballots in-person on Election Day, while the remainder were split evenly between mail ballots and early voters, according to information shared by Miguel Nunez, executive director for the Rhode Island Board of Elections.
By comparison, the 2020 state primary drew 14.5% of registered voters to the polls. In 2022, which also featured a high-profile Democratic gubernatorial primary, turnout was 16.9%.
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