FENWICK ISLAND – Four town council candidates have filed a complaint with the Fenwick Island Board of Elections questioning pre-election activities.
On Friday, July 30, the town’s board of elections will hold a special meeting to consider the legality of certain pre-election activities in Fenwick Island after receiving a complaint from four candidates in this year’s town council election.
The complaint – signed by candidates Janice Bortner, Jacque Napolitano, Natalie Magdeburger and Paul Breger – alleges rule changes and processing errors for absentee ballot request forms, among other things, contradict provisions of the state code regarding municipal elections.
“It’s a hotly contest election, and at the end of the day we want it to be fair,” Magdeburger said in an interview this week. “Hopefully that will happen, but if we don’t say anything we lose that right.”
The two-page complaint, filed with the town last Friday, alleges rules requiring notarizing affidavits for absentee ballot request forms were changed ahead of the Aug. 7 election.
“Originally, the instructions provided that a Notarizing Affidavit was necessary for all voters but was changed on July 19th to provide that non-resident property owner need not provide a Notarizing Affidavit,” the complaint reads.
The candidates also called into question activities surrounding absentee ballot request forms. They alleged some request forms are getting lost and not being processed for 7-10 days.
“We’ve been told one person had called and asked for an absentee ballot and didn’t get it …,” Magdeburger said. “He called again, and they lost his request.”
The complaint also highlights drop-off locations for absentee ballots and questions the security of the ballot box located within town hall.
“There appears to be no chain of custody protocol for absentee ballots received in the mail,” the complaint adds. “When are these ballots placed in the secured ballot box and by whom? Ballots should be delivered by the U.S. Post Office directly into the secured ballot box.”
The candidates also questioned a memorandum town staff mailed to homeowners within the voter’s information packet. The letter, Magdeburger said, addresses issues such as building heights, outdoor bars, outdoor speakers and shuttles.
“The aforesaid Memorandum was included in the ‘Voter’s Information Packet’ and mailed to all homeowners at taxpayers’ expense with the voter’s information,” the complaint reads. “This Memorandum tainted the election, providing inaccurate information.”
The Fenwick Island Board of Elections will hold a special meeting on Friday, July 30, at 2 p.m. to discuss the candidates’ complaint.
The candidates have requested the board issue subpoenas to have witnesses – including Councilmen Gene Langan, Richard Mais, Bill Weistling and Mike Houser, Town Manager Terry Tieman and Town Solicitor Mary Schrider-Fox – testify, as well as documentation relating to the memorandum, notarizing affidavit, absentee request forms and more. The town did not respond to a request for comment this week.
The Delaware code states, “Within 24 hours of the special public meeting, the municipal Board of Elections shall issue a written decision on whether the pre-election action or activity was legally incorrect and ordering lawful action necessary to correct such legal error in the pre-election action or activity. The Board of Elections shall immediately make its decision available to the public. If the municipality’s Board of Elections fails to meet and issue a written decision within the time frames set forth herein, the citizen may file the complaint directly with the State Election Commissioner.”
