Providence Journal
September 18, 2008

PROVIDENCE — The state Board of Elections yesterday unanimously certified Erin P. Lynch’s victory in last week’s Democratic primary for the District 31 Senate seat in Warwick and rejected a request by her rival, David Bennett, for a new election.

Bennett said he was considering an appeal of the board’s decision to the state Supreme Court. If he does not prevail, Lynch will face Republican Thomas M. Madden in November for the seat held by Democrat John C. Revens Jr., who opted against seeking reelection after 40 years in the Senate.

A recount, held on Monday at the elections board’s Branch Avenue offices, dropped a vote from Bennett’s election night totals, giving him 848 votes to Lynch’s 859.

Bennett’s lawyer, Angel Taveras, said that based on numbers from the Board of Elections and the Warwick Board of Canvassers, 31 ballots did not have corresponding ballot applications. Even under the best circumstances, Taveras said, as many as 19 Republicans apparently voted in the Democratic primary.

“It’s a big enough difference to make a difference, without a doubt,” he told the board.

One of Lynch’s lawyers, Sarah Taft-Carter, argued that Bennett should have brought up the issue of the Republican voters in his initial protest that called for the recount, and not waited until Tuesday to broach the issue.

David Revens, Lynch’s other lawyer, quoted a prior legal decision that concluded “a mere mathematical possibility is not sufficient enough to overturn an election.”

“We never knew how the voters voted,” Revens said. “And it’s strong public policy to have finality in elections. With six weeks to the general election, we should certify these results and move on.”

The discrepancy Taveras pointed to in the numbers, while troubling, was not unheard of, said elections board member Florence G. Gormley, who said she knew of cases where ballot applications turned up weeks after the election was over. If she had to choose to go by the votes or the ballot application count, Gormley said the choice was clear.

“I’d think I’d have to go by the votes,” she said.

Lynch yesterday thanked her lawyers and said she was glad the primary apparently was behind her.

“I’m relieved, but I still have a lot of work to do,” said Lynch, a lawyer in private practice.

Bennett, 53, a nurse, said he needed to confer with his legal counsel before deciding whether to pursue an appeal to the Supreme Court.

“I feel Democratic voters should be represented and the candidate they wanted should be the one that’s in,” he said. “It shouldn’t be tainted by the Republican vote.”

Warwick Beacon
September 11, 2008

Name recognition, political connections and superior organizational skills carried the day for the victors of the Democratic and non-partisan School Committee Warwick Primary elections Tuesday.

In Tuesday's most competitive election, the Senate District 31 Democratic Primary, it was still unclear who won the race. With all precincts reporting Erin Lynch, who hails from a well-connected political family, leading David Bennett, who had the support of many far-left progressives, by just 11 votes, the tally, including write-in ballots, is 858 for Lynch to 847for Bennett.

The two campaigned on similar issues affordable health care for all, protecting the environment, fostering economic development-and there weren't many intellectual differences between them.

Lynch, the endorsed candidate seemed anxious to make the race official Wednesday morning. She said she wouldn't declare victory until the Board of Elections told her it was safe to do so.

"It's fantastic if the numbers stand. We've got to see what the exact result is. And if I do prevail, there won't be any time to celebrate because we've got a General Election," said Lynch. The winner of the primary will face Republican Thomas Madden in the November election.

Lynch saluted Bennett for running an effective campaign and being a tenacious opponent.

"They did an absolutely fantastic job. Mr. Bennett worked very hard," said Lynch.

Lynch had hard working supporters. Her father, John Lynch, is a former law partner of incumbent John Revens, who is retiring from the legislature this year after having served close to 40 years. John Lynch also worked on political campaigns for former mayor and governor Phil Noel. Lynch also had the support of former Mayor Joseph Walsh, a lobbyist at the State House, who campaigned for her in the days leading up to the election.

Lynch's sister, Bethany Furtado, is a member of the Warwick School Committee, and her brother-in-law, Christopher Friel, who was the lead vote getter in that race on Tuesday, is the committee's incumbent chairman. Lynch had the endorsement of the Warwick Teachers Union.

Bennett's campaign platform, style and supporters-progressive all-were largely similar to those of Representative Frank Ferri (D-Dist. 22), who won the District 22 Special Election last year as the unendorsed candidate. His people were every bit as organized as Lynch's.

A nurse at Butler Hospital, Bennett had endorsements from labor unions such as The Service Employees International Union, Council 94 of the AFL-CIO and environmental groups like The Sierra Club and Clean Water Action.

On Wednesday, he was not willing to concede, and called for a recount to review what appeared to be his razor-thin margin of defeat.

He released a statement saying he and his supporters had made their voice heard.

"Today, Warwick's working families have sent a message to Rhode Island's elected leaders," said Bennett. "The state is on the wrong track - working people are struggling to pay their bills and get the health care that they need. Hundreds of working families in my district have voted for a new direction, and their voice cannot be ignored."

A recount is tentatively scheduled for Monday.