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The four Bedford town officials responsible for keeping 190 mishandled ballots a secret for nearly a year were defiant in the face of a “no confidence” vote Wednesday night, insisting they did the right thing by leaving town councilors and the public in the dark.

Town Manager Rick Sawyer, Town Clerk Sally Kellar, Town Moderator William Klein, and Assistant Town Moderator Brian Shaughnessy all narrowly survived a 4-3 vote on the “no-confidence” resolution.

The vote was the conclusion of a contentious hearing during which Shaughnessy acknowledged he — and not the Secretary of State’s or Attorney General’s Office — was the source of the legal strategy not to inform the town council of the uncounted ballots from the 2020 general election. The year-long delay and bureaucratic secrecy have been seized upon by supporters of former President Donald  Trump’s unfounded “stolen election” conspiracy as proof that the 2020 election results are suspect.

Wednesday night’s meeting was the first time town officials or town councilors had discussed the ballot fiasco in public. Only Klein and Shaughnessy were on hand to answer questions. Town Clerk Sally Kellar was attending an out-of-town event and chose not to participate remotely.

Town Councilor Kelleigh Murphy did participate via telephone, but the distance didn’t prevent her from making her anger felt inside Town Hall.

“You had a duty to tell the council. It is absolutely deplorable that this information was kept from us. I don’t think anyone who knew about it at the time and kept it secret should be involved in town government,” Murphy said. “I feel very strongly about that.”

Everyone agreed the mishandling of 190 absentee ballots was a simple mistake. A tray of uncounted ballots was erroneously placed among ballots that had been counted. The anger, from elected officials and the public, was in response to the decision of both state and local officials to keep the mistake a secret until just weeks ago.

The already-troubling story took a bizarre turn when Kellar and Klein mailed a letter last month claiming the Attorney General’s Office ordered them to hide the mistake from the public.

The Attorney General’s Office responded with a letter of its own contradicting the claim and putting the burden back on Bedford’s town officials.

“Bedford election officials raised concerns with this notification and asked (us) not to notify voters,” the Attorney General’s general counsel Anne Edwards told NHJournal. “I would never say that about an elected official lied,” Edwards said of the letter from Keller and Klein. “We felt it was important to issue a clarification because we were concerned about the accuracy of some of the statements.”

But Wednesday night, Shaugnessy admitted he was the source of the strategy of silence, not state officials.

“Our decision that was made at the beginning [November 2020] was that until the Attorney General’s Office investigates and speaks to us, we shouldn’t be talking to anyone. The Attorney General’s investigation is a criminal investigation. Sally and Bill could be subject to criminal penalties, including a felony. I didn’t think it was a good idea for them to talk to anybody.”

But, Murphy responded, Shaughnessy isn’t the town attorney. “Did you consult with the town attorney or just give out haphazard legal advice?”

“I gave out haphazard legal advice,” Shaughnessy replied. “I did not check with the town attorney.”

Shaughnessy also didn’t explain what possible felony the town Clerk or Moderator could have committed by telling voters about the uncounted ballots, a claim several New Hampshire attorneys found laughable.

Councilor Denise Ricciardi, who also serves as a state Senator and whose election was subject to a recount that would have involved the mishandled ballots, asked Shaughnessy where the Secretary of State or Attorney General got the authority to order the town’s elected officials to keep the ballot screw-up a secret. “Is there a law or a statute?”

After a long pause, Shaughnessy acknowledged: “I am not aware of any law or statute that allows them to order people to keep things quiet.”

In the end, both Klein and Shaunessy were defiant, stating flatly that they don’t answer to the council and are free to deny them information about elections if they choose.

“We believe we did the right thing,” Klein said. “We report to the Secretary of State. We do not report to the Town Council.”

After that, it became clear there would be a no-confidence vote called by Murphy.

“The town council is the town governing body. Rick Sawyer had a duty to let the council know what was going on,” Murphy said. “I understand why people lose faith in government. This never should have happened. It is completely unacceptable.”

Both Murphy and councilor  Bill Duschatko expressed their disappointment with the defiant stance of the town officials, who continued to insist they did nothing wrong.

“There is no remorse there,”  Bill Duschatko said. “It’s just another day of doing business.”

Bill Duschatko, Murphy, and Ricciardi cast the three votes in favor of the “no confidence” resolution. Councilors Bill Carter, Lori Radke, Sue Thomas and Chairman David Gilbert voted against it.

Ray Chadwick of the Bedford Republican Committee was on hand. The committee has called for a full investigation and, he told NHJournal, Wednesday night’s hearing fell far short of that. “We still need a full and thorough accounting of what happened. We did not get one tonight,” Chadwick said.

EDITOR’S NOTE: An earlier version of this article misidentified one of the members of the town council who voted against the “no confidence” resolution as Melissa Stephens. It was Bill Carter. We regret the error.

More than a year after the ballots of 190 Bedford voters were erroneously left uncounted, Bedford will hold its first public hearing on the “ballot fiasco” during this Wednesday night’s town council meeting. The existence of the ballots was kept secret by Bedford town officials, including Town Clerk Sally Kellar, Town Moderator William Klein, and other town officials.

NHJournal was the first media outlet to report on the ballot mishandling, nearly a year after the 190 absentee ballots went uncounted on Election Day 2020.

The public notice for this Wednesday’s Bedford Town Council meeting includes the line: “Discussion of November 2020 election ballot matter.” No other information is included. The public is welcome to attend and ask questions.

Town officials declined to respond to requests for comment from NHJournal, as they have largely done since the story first broke. However, state Sen. Denise Ricciardi, who also serves on the council, did release a brief statement.

“I am very happy to see this issue is going to be addressed in public. As a public servant and elected official, transparency has always been very important to me,” Ricciardi said. “I’m glad this is on the agenda because answers are needed. I just want the truth — why was this kept from both the public and the town council for a year?”

While there is general agreement on what happened to the ballots during the 2020 general election — a tray of uncounted absentee ballots was mistakenly placed among those already counted — it’s the behavior of town officials after the error was discovered that has angered many Bedford residents. It has also fed suspicions among some Granite Staters who are already concerned about ballot security.

Rather than publicly acknowledging the mistake at the time, Town Manager Kellar and Moderator Klein chose to reach out to the secretary of state’s office, which then contacted the Attorney General’s Office. Town officials, including Deputy Clerk Gloria MacVane, Town Manager Rick Sawyer, and Assistant Moderator Brian Shaughnessy, kept the disenfranchising of Bedford voters a secret even as the secretary of state was conducting a recount of the local state Senate race the following week.

Secretary of State Bill Gardner told NHJournal he was unaware of the ballots during the recount as well.

In a letter mailed to the disenfranchised voters on October 30, Kellar and Klein blamed their secrecy on the Attorney General’s Office.

“The attorney general requested some information from us and we submitted it on November 19, 2020. We were told not to discuss this with anyone, not even the town council, because it was a pending investigation,” they claimed.

The Attorney General’s Office responded by saying that claim was untrue, and that it first learned town officials were blaming the office for the secrecy from NHJournal.

“Our Office learned of your October 28 letter concerning uncounted absentee ballots through [NHJournal’s coverage] on Saturday, October 30,” Anne M. Edwards, the attorney general’s general counsel said in a letter to town officials. “We are concerned, in particular, by three statements in your letter: 1) that the Attorney General’s Office instructed you not to tell anyone, including the Bedford Town Council, about the 190 uncounted absentee ballots; 2) that you made numerous attempts to obtain a resolution from our Office; and 3) that our October 21 closure letter was essentially the first explanation from us as to the necessary remediation plan.

“These statements are inaccurate,” Edwards wrote.

Bedford town officials have insisted to NHJournal the Attorney General’s Office was behind the delay, while that office has communications showing it was pressuring the town to make the information public. Both sides agree the process largely came to a halt in the lead up to the September 7, 2021 special election to fill a state House seat vacancy.

The winner of that special election, Rep. Catherine Rombeau, joined fellow Bedford Democrat Rep. Sue Mullen in a statement calling for a full investigation.

“We are perplexed by the length of time it took to conduct the investigation and conflicting accounts from local officials, the New Hampshire Attorney General’s Office, and the New Hampshire secretary of state’s office,” the Democrats said. “We call for a thorough and transparent explanation of the timeline of events, decisions made throughout this process, and communications between these three groups. It is of utmost importance for Bedford voters to know these facts.”

The Bedford Republican Committee echoed those sentiments.

“The integrity of our elections, and the reliable processing of ballots, is critical to maintaining the allegiance of citizens to our system of government. It is of utmost importance, then, that we respect the efforts of these 190 voters to participate in the election. They and the public deserve a thorough investigation and determination of why their votes were not counted and were kept secret for nearly a year,” the committee said in a statement.

Meanwhile, nobody has answered the question many citizens have asked: Why didn’t some elected official at the state or local level simply make the error public? While the Attorney General’s Office as a policy doesn’t comment regarding ongoing investigations, no law or policy prevented either former Attorney General Gordon MacDonald or current Attorney General John Formella from telling the public about the matter

And even if the Attorney General’s Office did ask town officials to keep the information secret, the elected officials chosen by the voters of Bedford were not legally bound by that request.

“I just feel so angry,” said Shannon McGinley, whose two sons were among the 190 disenfranchised voters. “I understand accidents happen. But it seems that someone is lying and that there was a cover-up. And that really makes me mad.”