Candidate turns complaint over Attorney General and Secretary of State and Ethics
Former Selectman candidate Michael Frates has decided not to pursue legal action against the Town of Wareham, but has filed a complaint to the State Ethics Commission and the Attorney General. The complaint states that the town election featured “unfair advantage activities."
"This isn't about money," Frates said. "This is about doing what's right."
Frates leveled two complaints against the Town Clerk’s office related to defective ballots and what he says was a faulty voter document supplied to him by the office.
The third issue relates to a candidate’s debate hosted by Wareham Community Television on April 1.
Town Clerk Mary Ann Silva declined to comment on the allegations. She said the documents went to Town Administrator Derek Sullivan and Town Council Richard Bowen.
"I don't have a comment until I hear from those above me," said Silva.
According to Frates, who referenced Massachusetts General Law Chapter 54, Section 43 in his complaint, the incumbents were supposed to be listed first, followed by candidates in alphabetical order.
Frates claims that the violation gave him an unfair advantage. He was before John Ferranti, third runner up. Of the four men who ran for two open seats on the Board of Selectmen, Frates received 542 votes, the least of any of the candidates. Ferranti received 615 votes.
It's possible the alleged improper ballot might trigger a special election, Frates said. In all his years voting, the long-time resident said he had never seen a mistake like that.
The second complaint calls out the Town Clerk’s office. Frates states that the office, “did in fact manipulate a request by [Frates] for a non-partisan list of voters.” Frates brought up this argument during Candidates’ Night, bringing to light the unusable document he was given by the Town Clerk’s office.
On three occasions, Frates asked the clerk's office for a voters list and was told the list came from the state and was sent to data processing. It came back to him in an unusable format the first time, he said. Frates has run for Selectmen for three consecutive years.
"It was damaging to my campaign," said Frates, who planned to do pre-sorted mailing to voters through the post office.
Frates asked three Town Clerks in neighboring towns the same question: "If a candidate for a local election comes to you and asks for a list of voters in electronic format, how are they given the document?" According to Frates, the clerks told him the electronic format was sent by the state and no data processing was necessary.
"There was no need to get data processing involved with this – period. Why do you go out of your way to make that format unreadable?" Frates asked. "I question the ethics [at the Clerk's office]; I question a lot of things."
The final complaint was in regards to Candidates’ Night and the Selectmen’s debate.
"Selectmen definitely should've been in a public environment," said Frates.
While Candidates’ Night was held in an open forum, where voters who showed up at Town Hall were able to ask questions, the Selectmen’s debate was held without public participation where questions were asked by local reporters.
"Discrimination was against all candidates in that there was an unfair advantage that was supported by the town - by the Town Administrator Derek Sullivan - he allowed that to happen," said Frates.
According to Frates, the debates should have followed similar styles. The fact that they didn't, he says, could've had adverse effects on candidates or given certain candidates an advantage.
"I'm not running again," said Frates. "I have nothing to gain from this, but I've seen some pretty mean-spirited things in this town."
Frates intends to stay involved in town politics and thinks a "good sit down with the town on ethics" would be beneficial for everyone.
“I have nothing to gain from this, not even monetarily,” said Frates. “Even if I do, I’ll donate it all to the library.”