Selectmen: No voter fraud in Alna
On town attorney David Kallin’s and Maine Municipal Association’s advice, Alna selectmen May 19 found no voter fraud in the March elections. According to Third Selectman Charles Culbertson, MMA said the number of challenged ballots, if tossed, would not change the elections’ outcome.
“This makes null and void any challenged votes. The finding is there is no voter fraud,” Culbertson said over Zoom. He said Kallin, of Drummond Woodsum in Portland, agreed with MMA, the elections’ outcome did not hinge on the challenged ballots. Culbertson said Kallin also noted state statute, not local building code, determines voter residency. Ballot challenges involved claims of building code violations, town officials have said.
Selectmen said Kallin and MMA also advised against acting on a pair of alleged building code violations relating to single family homes and accessory apartments. Second Selectman Linda Kristan said, according to MMA, local rules cited do not define a family by blood or marriage only, or limit the number of people who can live together as a family. Kristan read from MMA’s statement: “Even if the ordinance did define a family as (relatives), that definition would have legal problems, as it discriminates based on familial status,” and federal law bars that, the reading continued.
“There are plenty, plenty of situations in Alna where people are co-habitating that are not related or not married,” Culbertson said. “How do we have authority to pass some sort of moral judgement on who can or cannot live together ...”
Selectmen said Kallin advised, the town building code does not appear to bar renting a single family dwelling to non-relatives, and a court would likely dismiss enforcing any violations claimed. Selectmen decided against enforcement; and they said Kallin is reviewing “discrepancies” in town rules on accessory apartments.
The building code at Alna.maine.gov reads in part: “The occupants of the accessory and principal units must be members of the same extended family, or a certified medical caregiver of a family member. Extended family shall mean: father, mother, son daughter, sister, brother, (or in-law relationships of any of the preceding), grandparent, aunt, or uncle.”
Culbertson said, based on MMA’s guidance, the board “right now” will not act on an accessory apartment issue, pending word from Kallin “and until we can figure out what the right thing to do is.”
Throughout the Zoom meeting, selectmen sat side by side and maskless. Noting it, Kristan said both were well past when their COVID-19 vaccinations took effect. Resident Mike Trask told the board he would like in-person meetings to return “now that the governor and everybody’s freed up everything.”
May 14, Gov. Janet Mills announced, starting May 24, the fully vaccinated would no longer have to wear face masks indoors. Selectmen said to expect in-person meetings within about a month, but maybe still with a Zoom or other option for those who cannot be there.
On another topic, Trask suggested the board explore doing away with the cemetery association and trustees and having selectmen manage the trust fund and get a maintenance person; and the town office sell the lots. Trask said the changes would end hard to fill seats, and would take a town vote. Culbertson called the idea excellent. Selectmen will consult MMA.
Resident and past Sheepscot Valley Regional School Unit board member Ralph Hilton suggested the town remind people registering children for school to also fill out an affidavit for the town. And resident Beth Whitney said she hopes the town elects a first selectman soon.
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