Lawrence council opts out of mail in voting amid voter fraud complaints

By Jill Harmacinski

 LAWRENCE — The City Council voted Friday not to use mail-in ballots in the next election – the same week a former city councilor went to jail for voter fraud and a mayoral candidate compiled a list of potential voting illegalities.

Among the allegations coming from the campaign of Juan “Manny” Gonzalez are that mail-in ballots were harvested at senior living complexes before being turned in to City Hall for counting.

“We are going to make sure voters are not going to be deceived or taken advantage of,” said Christopher Keohan, a campaign strategist for Juan “Manny” Gonzalez, a city firefighter and community activist running for mayor against incumbent Brian DePena.

During a special public hearing Friday night, a majority of councilors voted to opt out of mail-in voting. Councilors Celina Reyes and Gregory DelRosario voted present.

City Clerk Eileen Bernal, who oversees the Lawrence Elections Division, said that during the 2024 presidential election more than 8,000 mail-in ballots were handled by the elections office, and not a single complaint was filed.

During Tuesday’s preliminary election, she said, 798 mail-in ballots were cast. She noted the office can handle “10 times” the amount of mail-in ballots cast this week.

Preliminary elections were held for two city council races Tuesday. The general election is Nov. 4.

Friday night’s council vote came just days after former District A City Councilor Fidelina Santiago was sentenced to six months in jail after pleading guilty to voter fraud charges.

Santiago’s charges stem 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.”

Meanwhile, the city elections division received a complaint prior to the preliminary election on Sept. 12 alleging that ballots were taken from a city building by two women.

“They say they are collecting the old people’s votes and filling them out themselves,” the man wrote.

“We need to investigate the people who open the door and work there. They should keep an eye on all the old people’s buildings in Lawrence.”

Earlier this year, in July, Mayor DePena and three city councilors – Ana Levy, Celina Reyes and Greg Delrosario – wrote to Secretary of State William Galvin’s office complaining about the “adverse aspects” and “fraud” of the vote-by-mail process. In the letter, they asked Galvin’s office to oversee elections in the city so they are conducted “fairly” and “lawfully.”

“One of the most adverse aspects of ‘vote by mail’ is that the ballot and return ballot process extends the possibility of ballot and/or voter ‘fraud’ right up to the mailbox of every voter, which continues through the return to election officials,” they wrote.

“The expanded ‘possibility’ has a direct impact on the balloting process, which requires the focus and attention of many more election officials than any city or town can provide ... . This request is not intended to ‘disparage’ or ‘question’ the ability of the Lawrence Election Division, the City Council, or the Executive Office of the City of Lawrence. However, the specific skills, knowledge, and abilities of your staff, as well as the presence of additional staff members dispatched, will have a positive impact on the administration of the election and a deterrent effect as well,” according to the letter.

Gonzalez’s campaign also wants the state to oversee the Nov. 4 election.

During Tuesday’s preliminary election, campaign workers received complaints about residents who are loyal voters being placed on inactive voter lists. Two of DePena’s supporters who are also City Hall workers were seen questioning a poll warden and being asked to leave. And in a video posted to social media recently a DePena supporter said she could pick up mail-in ballots for others, which is not allowed, said La Nita Ann Dykes, Gonzalez’s campaign manager.

Campaigning, political supporters and sign holders are not allowed within 150 feet of a voting precinct, per state law. However, Gonzalez’s campaign cited two reports of a man wearing a black and white Puma shirt approaching voters within the boundary and handing them a paper suggesting they vote for DePena, Levy, Reyes, city council challengers Frederick Diaz and Rosaly Gonzalez.

Candidate Richard Russell was eliminated in the at-large city council race on Tuesday. Candidates advancing to the Nov. 4 vote are incumbents Reyes, Jeovanny Rodriguez, and Levy. Nilson Rosario, Diaz and John Rigal were eliminated, according to unofficial election results.

District A city council candidates Franklin Miguel and Lissy Rivas are moving on to the general election. Vladmir Acevedo, Ramon Lopez and Myra Ortiz were defeated in Tuesday’s preliminary vote, according to the results.

Candidates in all other races move on to the Nov. 4 General Election.

While it doesn’t count, DePena received 53 percent of the vote (3,279 votes) with Gonzalez following at a close second (2,713 votes.)

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