New election ordered in disputed race

BARNStable -- A judge yesterday ordered a new election in a disputed Cape Cod state representative race decided by only 17 votes, but rejected a request to throw the incumbent out of office when his term expires this week.

Democratic state Rep. Matt Patrick defeated Republican challenger Larry Wheatley last month, but Wheatley filed a lawsuit claiming voting irregularities in several Upper Cape precincts.

Superior Court Judge Richard Connon yesterday agreed that sufficient questions had been raised in such a close race that voters should be given another chance to decide the issue.

"Irregularities and statutory violations did occur such that the election would be placed in doubt," Connon wrote in his decision. "A new election is necessary."

The irregularities included the closure of the polls at the Osterville Bay Elementary School for at least 35 minutes on election day after officials ran out of ballots. About three dozen people left without casting a vote because of the delay.

"This is truly a right-to-vote question," said Wheatley, a corporate lawyer and retired Coast Guard officer from Barnstable. "How many people do you have to deny the right to vote before you have a problem with your election?"

Patrick, a former selectman and Town Meeting member from Falmouth, initially won the Nov. 5 election by 8,640 to 8,628 votes. A recount conducted Nov. 23 and Nov. 25 pushed his margin of victory to 17 votes.

But Wheatley challenged the outcome, citing, in addition to the Osterville poll closure, at least 21 ballots in Bourne, Falmouth, Barnstable and Mashpee that did not include the Patrick-Wheatley contest.

The new election is likely to be held in March, said Scott Nickerson, clerk of courts for Barnstable County.

As part of his ruling, Connon turned down a request by Wheatley that Patrick's term end when it expires this week. Instead, Patrick's term will be extended so that his constituents maintain representation in the Legislature until the issue is resolved.

The decision can still be appealed. Patrick, who was first elected to the House in 2000, did not return calls to his office yesterday.

The newly elected House, excluding the contested 3rd Barnstable District, includes 134 Democrats, 24 Republicans, and one unenrolled member.

This story appeared on Page A3 of The Standard-Times on.