HARDWICK – An apparent error on the printed ballot for the budget article shows increased per pupil spending of $15,582.40 that will result if the budget passes, with the ambiguous notation “higher/lower than the per pupil education spending for the current year.” The warning indicates only “higher.” It’s unclear what the implications of the error are for the vote, or whether any voters will dispute the outcome.
Hardwick Town Clerk Tonia Chase said the issue was brought to her attention during Tuesday’s voting and she checked with the Secretary of State’s office, learning that “a municipality cannot change an article in the midst of an election.” She said she forwarded that information to OSSU Superintendent Dr. Baker because the supervisory union handles wording and printing of school warnings and ballots.
Moderator Orise Ainsworth said she contacted the Vermont Secretary of State’s office and received a reply indicating, “The Secretary of State’s Office is not authorized to have a take (share a legal opinion) in this matter. We can provide some guidance. If the School Board (legislative Body) is made aware of this discrepancy, they will need to decide whether or not to validate the vote. It may fall under a warning or scrivener error. If the School Board decides the decision is otherwise legal, they can validate the vote under 17 V.S.A. § 2662. The School Board may wish to seek legal advice from the School Board Association and/or their attorney. This is a decision for the School Board.
Earlier, she had said the supervisory union told her the secretary of state’s office had said “The voters will have two options. They can petition for a vote to re-consider, which would be the exact same wording. Option two would be to contest the vote and that would have to go to the Superior Court.
Ainsworth said then, it “doesn’t look to me that contesting the vote will matter and I don’t know if anyone wants to go to the Superior Court.”
Fifty seven percent (353) of the 612 votes cast were in favor of approving the budget and 42% against (259) doing so.
OSSU Superintendent Dr. David Baker said, “Orise has it right,” adding it wouldn’t make sense to reconsider the item because the wording would have to be the same, resulting in the same confusion.
The language issue is more about whether it is worth it to contest the vote in Superior Court, he said. “The school information meeting was well attended. The warning was correct. And the vote was not very close given the number of voters.
“I hope no one contests, but if they do our attorney will take it from there.”
Baker concluded, saying, “I hope we can simply move on. Hardwick has a history of supporting their schools and it is no different since the merger. It is a great town!”
Paul Fixx is editor of The Hardwick Gazette and lives in Hardwick.
