Judge to rule on legality of recall election results

FALL RIVER, Mass. (WLNE) — A judge heard lengthy arguments Thursday on whether or not the results of the recall election in Fall River are legal. A 10 taxpayer lawsuit claims Mayor Correia should have never been an option on the second part of the ballot.

The recall election results are set to be certified tomorrow but there’s a group of people hoping a judge will put a stop to that. The argument is over different interpretations of the city charter but Mayor Correia says it’s actually much simpler than that, they’re just mad he won.

The people who want embattled Mayor Jasiel Correia out of office came up short in the recall election. Now, they’re attempting to decertify the results.

“I won fair and square. If they had an issue with the rules they should’ve done something prior,” says Mayor Correia.

A superior court judge heard arguments over how the city charter should be interpreted.

Before the last recall election in 2014 another judge ruled then Mayor Will Flanagan could be on the second part of the ballot. After that, the charter was changed and approved by voters.

“I suggest that the specific intent was that it change the format from the 2014 election. Judge McGuire’s opinion is no longer applicable because of the new charter,” says Paul Machado, the lawyer representing the taxpayers.

But even the judge points out the language from the new, updated charter is ambiguous.

“If that was their intent, why didn’t the charter expressly say that,” says Bristol County Superior Court Judge Thomas Perrino.

The lawyer for the city argued not allowing the incumbent to run would be unconstitutional and this is only happening now because some are unhappy with the results.

“They using their dissatisfaction and dislike for the administration to boot strap this argument that somehow the charter wasn’t followed,” says Joseph Macy.

Mayor Correia maintains he has not let his legal troubles get in the way of his job duties.

“It takes up 0 time in my day to day business of being the mayor,” he says.

The judge has to make a ruling Friday before the Board of Elections certifies the results by 5 pm.

© WLNE/ABC 6 2019