In Cumberland Friday, lawyer Brandon Bell, left, representing Town Council candidate Jim McLaughlin, right, reads up on state law regarding elections that end in a tie.  Call photo/Ernest A. Brown

By SANDY McGEE

CUMBERLAND — It’s a tie and no one seems to know how to break it.

A closely watched race for an at-large Town Council seat resulted in a tie Friday morning after a recount at the state Board of Elections offices in Providence. State officials are saying it’s up to the town to settle the matter. Town officials are saying they’re not sure what form such a settlement might take.
Town Council candidate James N. McLaughlin requested a recount of ballots cast in Tuesday’s Democratic primary after finishing a whisker behind his opponent, incumbent Bruce A. Lemois.
Based on the first tally, Lemois had edged out McLaughlin by a mere three votes, 2,853 to 2,850.
After an hour spent Friday reviewing the ballots for errors, the state Board of Elections determined the race to be a dead heat, with 2,855 votes apiece. The new figure represents mail ballots added to the final tally, and may include votes that did not register or were interpreted erroneously by electronic voting machines.
“It turned out to be a tie,” said Robert Rapoza, Board of Elections director.
Only two council seats are at-large, meaning they represent the entire town instead of a political district. The first such slot went to Town Council President James T. Higgins, who received 3,116 votes.
With no Republican challengers, the two at-large primary victors will become council members.
But will one of them be Lemois or McLaughlin? According to Rapoza, what happens next is in the hands of town officials interpreting the town charter.
Those officials hadn’t reached a conclusion Friday after reviewing both the town charter and state election law.
“I’ve been here for eight years and no one here can remember a recount, let alone a tie,” said Town Clerk Sandra Giovanelli. “On Monday morning, there will be a meeting of the Board of Canvassers. We have to have some options.”
That meeting will be held at 9 a.m. at Town Hall on Broad Street.
“There is nothing in the home (town) charter that addresses ties,” said attorney Brandon Bell, who is representing McLaughlin pro bono. “Clearly, it would be unfair for an appointment. We would like to bring it back to the voters. We don’t want to disenfranchise the voters.”
Bell said Friday he had suggested to several town councilors that the names of McLaughlin and Lemois, both Democrats, go on the ballot for the November general election.
Giovanelli said that can’t be done because both men are from the same political party.
“The involved parties (Lemois and McLaughlin) will sit down and try to figure out some options,” said Bell, who also serves as vice chair of the Republican Town Committee. “If it is an appointment, it will go to the judiciary.”
“Democracy was in action today,” he said about the recount. “This reaffirms confidence in our voting process.”
McLaughlin echoed Bell, saying, “This is the democratic process. It would have been a disappointment had I not gone forward with the recount. I felt it was necessary.”
State law permits a candidate to request a recount within 24 hours of an election.
“I couldn’t believe the process,” McLaughlin said. “Fairness and honesty, it was all here today. I want to thank all the voters that supported me. If I win, I will do my best to serve the people of this community. If I lose, to my opponent, congratulations. However, I will be back.” 
McLaughlin, an Army veteran of the Vietnam War, is a retired auto mechanic. He is a member of the Veterans of Foreign Wars and a grand knight of the Knights of Columbus. He has never held a town office.
Lemois, past president of the Berkeley Fire District, is seeking his second council term. He is employed as an operations manager for ASI Inc. in East Providence. He has attended Northeastern University in Boston.
Lemois did not return calls for comment Friday. Both Lemois and Higgins had been endorsed by the town’s Democratic Committee.
To view the primary results for the town of Cumberland, visit the state Board of Elections Web site at www.elections.state.ri.us/.