Court rules against recount request
By Sara Withee / Milford Daily News
Wednesday, August 18, 2004UXBRIDGE The state Appeals Court has ruled against the town's request to hold a recount of the April 13 Finance Committee and School Committee elections.

     Judge Charlotte A. Perretta last Friday denied the town's appeal of a July 2 Worcester Superior Court decision against reviewing the ballots, according to court records.

     The town had asked Superior Court Judge Thomas P. Billings to allow a recount of the two races even though the 10-day window state law provides for petitioning recounts had passed.

     Uxbridge's request came after the town learned some of its voting machines had not counted absentee ballots during the April 13 election due to a manufacturer error.

     The malfunction came to light during a men race recount that newcomer Donald Sawyer sought after initially losing to incumbent Robert Finnegan by three votes.

     Recounts showed Sawyer actually finished a few votes over Finnegan. The incumbent challenged the recounts in court, but abandoned his bid last month when Billings ruled against his motion for a new election.

     After Billings denied Uxbridge's request for recounts, the town followed Finnegan's lead and sought permission to hold new elections for the Finance Committee and School Committee. The judge also denied this request.

     Town Manager Allan Klepper said yesterday town counsel had notified him of the ruling, but local officials have yet to receive a written copy of the decision.

     Selectmen Chairman Harry Romasco declined comment yesterday on the ruling, saying his board plans to talk about it at next Monday's meeting and he does not want to influence the discussion beforehand.

     But Romasco wants to resolve the matter.

     "It's a pretty sensitive situation," he said. "Frankly, we've caused enough heartache and concern with this issue. I'd rather bring it to the point we can finalize it either way Monday."