OCEAN PINES – A ballot count this week revealed candidates Rick Farr and Frank Daly were the top two vote-getters in this year’s Ocean Pines Association (OPA) board election.
Following a vote count on Wednesday, the Ocean Pines Elections Committee announced the results of the 2021 Board of Directors election.
Farr received 1,629 votes, Daly received 1,571 votes, Stuart Lakernick received 1,511 votes and David Hardy received 941 votes.
“The next step in this election will be determined at a later date,” Elections Committee Chair Steve Habeger said this week. “We express our appreciation to all the candidates who have volunteered to serve our Association.”
This year, the four contenders vied for two seats on the association’s board, though Farr was later disqualified during the voting process after an anonymous tip raised questions about his homeownership status in the Pines.
According to the association’s bylaws, candidates must be a recorded property owner within Ocean Pines on Jan. 1 of the year in which the election is held. The association contends Farr was not an owner of record, but a successor trustee to the property listed on his candidate application. Farr’s attorney, however, asserts he has been the “equitable and beneficial owner” of the property since 2000, based on his status as a beneficiary of the Farr Living Trust.
The matter of Farr’s eligibility made its way to Worcester County Circuit Court in August, when Farr filed a complaint against the OPA and its Board of Directors. Simply put, the suit challenges the determination on his eligibility and the board’s decision to proceed with the 2021 election and ballot count but to invalidate all votes for Farr. The disqualified candidate was soon joined by several co-plaintiffs alleging they had been disenfranchised after submitting their votes for Farr.
In recent months, the case has worked its way through the court system, and a temporary restraining order to halt the board election has since expired, allowing the association to proceed with its election and ballot count. On Sept. 30, however, the association’s Board of Directors voted to proceed with a “redo election” of the three remaining candidates. A second motion to proceed with counting the existing ballots failed as the result of a tie vote.
“Beyond those participating in the lawsuit, a number of other Members have expressed their feelings that the ballot voting should be held anew to allow all Members the opportunity to vote on the three eligible candidates,” an Oct.8 statement reads. “Given the above considerations, on September 30, 2021, the Board of Directors decided it was in the best interest of OPA to proceed with allowing the Members the opportunity to cast their election ballots anew.”
Back in court last week, Judge Sidney Campen granted Farr’s request for an injunction, effectively putting a stop to the association’s redo election. He also ordered the association to count the existing ballots, including votes cast for Farr, by the end of the month.
Campen noted the ballot count could be relevant in how the case proceeds.
“If he lost, it’s moot,” he said last week.
A trial date has been set for Nov. 15, and Campen said he hopes to reach a conclusion in Farr’s case at that time.
During last Saturday’s board meeting, President Larry Perrone said it was unclear what would happen following the announcement of election results.
“The judge did not give us any direction regarding next steps,” he said. “If you are anticipating we will seat new board members and certify the election, I don’t know that that’s going to happen.”
