By Carol Britton Meyer 

The certification of election results and seating of new officials is on hold after a judge denied the town’s request to count votes cast after the traditional closure of the polls at 8 p.m. on Monday, the town clerk said Wednesday. The judge’s decision also “calls into question the validity of the election due to the unfortunate disruption of the voting,” Town Clerk Lori West said in an email message. 

On Thursday morning, West said the town is considering “next steps” but would not speculate on whether the judge’s decision means that a new election is required.  

The issue occurred on Monday, when a three-alarm fire that destroyed a home on Q Street caused road closures while crews battled the flames, preventing some voters from reaching the polls at the high school before 8 p.m. Voting was extended for two hours, and 80 people cast their votes between 8 p.m. and 10 p.m. The town asked a Brockton Superior Court judge to issue an emergency order validating the extension of voting hours. The judge denied the request late Wednesday. 

The election results cannot be certified and new officials are unable to take office while the results are in question, necessitating the cancellation of Wednesday’s select board meeting. Three new members were elected Monday based on the results announced as of 8 p.m., and the additional 80 votes that could be added to the totals would not change the outcome of that race. The terms of two members of the current four-member board were due to expire on Election Day. 

“After consulting with the state Elections Division, the Town of Hull has been advised that until the pending Superior Court decision is made, a certification of the election cannot occur,” West said. “No candidate can be sworn into office until this matter is resolved.” 

On Monday, the detours prompted the election team and Hull’s emergency management team – consisting of the town manager, town counsel, the police and fire departments, and others – to take “decisive action to ensure the rights of voters and candidates,” West told The Hull Times. 

Town Counsel James Lampke and West contacted the Secretary of State’s Elections Division for guidance. Lampke and West decided that the most prudent course of action would be to keep the polls open for two additional hours “so that any voters who had turned around, or who didn’t head down to vote knowing the road was closed, would have adequate time to exercise their right to vote,” West said. 

Once that decision was made, word got out via a recorded telephone message, the school department, Hull cable television, social media, word of mouth, and other means to alert citizens of the extended hours, and candidates who were at the high school were provided with updates. 

On Tuesday, May 16, Lampke asked Brockton Superior Court to issue an emergency order approving the extended hours and allowing the counting of the ballots. 

“I prepare and train my staff for many ‘what ifs’ that may pop up during elections,” West said. “However, while contingency plans are in place to deal with many issues, the extraordinary ‘what if’ that occurred on Monday is one that was never expected.” 

The results of the 80 votes could have had an impact on the unofficial results that were posted Monday night – in particular, the close race for the five-year Hull Redevelopment Authority seat. In the results announced Monday, Patrick Finn had 1,075 votes to Daniel Kernan’s 1,060. In the race for two school committee seats, Fay Ferency had 911 votes and there were 940 write-ins, although it’s unclear how many of those 940 votes went to Regan Yakubian, who ran a sticker campaign. School Committee member Ernest Minelli was re-elected with 1,032 votes; Colby Mahoney had 589 votes.