Paperwork error derails Portsmouth water board candidacy

District admits error on nomination papers

By Jim McGaw
Posted 5/18/18

PORTSMOUTH — A local resident whose candidacy for water board was rejected due to a paperwork snafu is now contemplating running as a write-in candidate.

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Paperwork error derails Portsmouth water board candidacy

District admits error on nomination papers

Posted

PORTSMOUTH — A local resident whose candidacy for water board was rejected due to a paperwork snafu is now contemplating running as a write-in candidate.

The Administrative Board of the Portsmouth Water and Fire District voted 4-2 on May 15 to deny John Vitkevich, of 119 Hummock Ave., a place on the ballot for the annual District election on Wednesday, June 13.

The reason for the rejection stemmed from an apparent clerical error made by the District, and which went unnoticed by Mr. Vitkevich.

When Mr. Vitkevich filed papers declaring his candidacy, he indicated he was running for the position of tax collector. But when the District gave him his nomination papers — these are used to collect signatures from voters to qualify a candidate for the ballot — the forms stated he was running for tax assessor.

Neither party noticed the error at first, and Mr. Vitkevich signed the nomination papers.

“I’m embarrassed myself because I have a little bit of stain on me,” Mr. Vitkevich said. “The bottom of the declaration page was covering the top of the nomination page when I was filling out the nomination page. I never looked for ‘tax assessor’ (on the nomination papers).” 

Mr. Vitkevich ended up collecting 31 signatures from District voters (only 25 were needed), which were qualified by the Portsmouth registrar of votes on May 15.

That same day, however, he got a call from Jessica Lynch, the District’s general manager, who notified Mr. Vitkevich he had signed incorrect nomination papers and that he should attend the board meeting that night. According to Mr. Vitkevich, he was assured he would still get on the ballot.

But at the board meeting, Mr. Vitkevich’s candidacy was voted down, 4-2. Voting to reject his place on the ballot were moderator Ron Molleur, tax assessors Ted Czech and Michael Nott, and Tax Collector Fred Faerber. Phil Driscoll, chairman, and Allen Shers, treasurer, voted in the minority. Andrew Kelly, water commissioner, was not at the meeting.

Intentional or not?

Mr. Vitkevich believes the error was intentional to keep him off the ballot.

“I’ve had numerous discrepancies with that board in numerous development projects,” said Mr. Vitkevich, noting he chose to run for that very reason after struggling to recruit “younger” candidates to campaign. “I want a better, cleaner, more organized and younger Portsmouth Water and Fire District.”

The District denies any deliberate plot to block Mr. Vitkevich’s candidacy, however.

“I’ve known the people in that office for as long as I’ve been there,” said Mr. Driscoll. “That’s not the kind of people they are. It’s as simple as that. Why would anybody go out of their way to compromise themselves? What can I say? Maybe the girls in the office screwed up, but John didn’t notice it. That’s the way it goes.”

Added Ms. Lynch, “We didn’t notice it and he didn’t notice it. Unfortunately, it was an error — certainly not intentional.”

Whatever happened, Mr. Vitkevich said members of the District made the error, so the onus was on them to fix the problem.

At the May 15 meeting, Mr. Shers suggested delaying the election, according to Mr. Vitkevich, but board attorney David Fox said that wasn’t possible because the date was set in the board’s bylaws. Mr. Vitkevich, however, said he’s reviewed the charter and nowhere does it state the election cannot be rescheduled.

Mr. Vitkevich was also given the option of running for the seat indicated on his nomination papers — tax assessor. He refused.

When asked how a candidate could run for tax assessor after telling voters from whom he sought signatures that he was running for tax collector, Mr. Driscoll replied, “That’s a good question, although we do not know what he told anybody.”

Mr. Vitkevich said he clearly indicated to each voter that he was seeking the tax collector’s seat. “I would challenge anyone to call all of those 31 people and ask them what seat I told them I was running for,” he said.

Appeals?

Mr. Vitkevich tried appealing his case to the R.I. Board of Elections, but was told by Miguel J. Nunez, deputy director of elections, that The Portsmouth Water & Fire District is not within its jurisdiction.

His only other option, he said, is appealing to Superior Court. “But it costs $3,000 to $5,000 to walk in there with a lawyer for an injunction,” he said.

He’s now considering a run for tax collector as a write-in candidate. “I’m just figuring out the best way to do this,” said Mr. Vitkevich, adding he doesn’t want to pursue that option if he determines he has little chance to win.

“There’s nothing personal in this,” he said. “I just don’t like this quasi-municipal board created in 1952. It’s the wild west.”

Mr. Driscoll summed things up by referencing a Winston Churchill quote about how “messy” Democracy is.

“You have to realize that we’re human beings and we don’t always get it right,” he said.

Portsmouth Water and Fire District

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