DePena tries to reverse Lawrence council vote against mail-in ballots

By Jill Harmacinski

LAWRENCE — Mayor Brian DePena tried to reverse a recent City Council decision to eliminate using mail-in ballots for the Nov. 4 election, but a state election attorney said he does not have the legal right to overturn the council’s vote.

At a public hearing on Sept. 19 the City Councilors voted to opt out of mail-in voting for the Nov. 4 election.

While DePena had previously complained about “adverse aspects” and “fraud” associated with mail-in voting, on Tuesday DePeña said in a statement that “eliminating vote-by-mail at this stage would cause confusion for voters and restrict access to the ballot box, particularly for seniors, residents with disabilities, and others who rely on this voting method.

“As Mayor, I cannot in good faith support a measure that limits our residents’ ability to participate in democracy. Canceling vote-by-mail now would not only create unnecessary confusion but also unfairly restrict the voting rights of our most vulnerable residents. My duty is to ensure that every registered voter in Lawrence has full, fair, and equal access to the ballot box.”

But DePena’s challenger in the Nov. 4 election, Juan “Manny” Gonzalez, accused the mayor of “lying to voters, creating confusion among the electorate and engaging in what can only be described as classic voter suppression,” according to a statement released by Christopher Keohan, Gonzalez’s campaign strategist and general consultant.

“The arrogance of Brian DePena is only rivaled by his incompetence,” the statement said. “State law is clear on this issue. He has zero role in allowing vote by mail in the city. While he may believe he can rule as a dictator, every responsible party has told him he is wrong. The bottom line is this. Brain DePena originally advocated for the elimination of vote by mail until he realized his re-election campaign was doomed if it went away ... . He should be ashamed of his actions, but luckily on Nov. 4 voters will let him know he is unemployed.”

Lawrence voters can cast ballots in person on Nov. 4, avail themselves to early voting sessions at City Hall from Oct. 25 to Oct. 31 or apply beforehand for an absentee ballot, said City Clerk Eileen Bernal.

City councilors on Sept. 19 voted not to use mail-in ballots during the same week a former city councilor went to jail for voter fraud and Gonzalez’s campaign compiled a list of potential voting illegalities after the preliminary election. Among the allegations were that mail-in ballots were harvested at senior living complexes by DePena supporters.

Former District A City Councilor Fidelina Santiago was sentenced to six months in jail after pleading guilty to voter fraud charges.

Santiago’s charges stemmed from an incident on Oct. 16, 2023, at a residence in the 600 block of Howard Street. A Ring camera captured images of a woman exiting Santiago’s car and “walking to the front porch … and removing multiple/brown manila envelopes from a mailbox before returning to the defendant’s automobile.”

Michelle Tassinari, director and legal counsel for the Elections Division at Secretary of State William Galvin’s office, wrote in a Sept. 23 email obtained by The Eagle-Tribune that DePena could not reverse the council’s vote to opt out of mail-in voting.

“As I explained, the vote of the City Council to opt out of early voting by mail is not subject to approval of the Mayor and therefore the Mayor cannot veto. Regardless of whatever veto authority is provided in the City Charter, it does not extend to a vote under General Laws chapter 54, section 25B(a)(1),” Tassinari wrote to DePena’s chief of staff William Castro, city attorney Timothy Houten and Bernal.

Tassinari, in the Sept. 24 email, noted confusion regarding the DePena’s position on mail-in voting “which appears to change.”

“The records show that after the City Council’s original vote in March, the Mayor supported early voting by mail as well as early voting in person for both the preliminary and final election. However, in July, this Office received a letter from City Councilor Ana Levy and on which Mayor DePena was a signatory that encouraged repealing the law that provides for vote by mail. Yet now that the City Council has opted out, the Mayor is seeking to reverse that, despite the July letter which is clearly against vote by mail,” she wrote.

The polls will be open from 7 a.m. to 8 p.m. on Nov. 4.

“We will continue to work with the City Clerk and Elections Department regarding administration of the upcoming City Election and remain confident in their capabilities,” Tassinari wrote.

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