MA H50

Election Results: Margaret R. Scarsdale (Democrat) defeated Andrew J. Shepherd (Republican) in the November 8, 2022 election for State Representative in the First Middlesex District, winning by 17 votes initially (9,384 to 9,367) and by 7 votes after the district-wide recount conducted December 5-10, 2022 (9,409 to 9,402)

Special Committee Formation: The House formed a Special Committee on January 4, 2023, comprising Representatives Michael S. Day (Chair), Daniel J. Ryan, and Bradley H. Jones, Jr., to examine the election returns pursuant to the Massachusetts Constitution's grant of exclusive House jurisdiction over "returns, elections and qualifications of its own members"

Shepherd's Allegations: The losing candidate alleged town clerks failed to comply with Mass. Gen. Laws ch. 54, § 94 by not comparing mail-in ballot envelope signatures with voter registration cards; claimed approximately 20 non-matching signatures were found in just two precincts; and cited unexplained vote increases during the recount including 50 additional ballots in Dunstable and 27 in Lunenburg

The "Dunstable 50" Explanation: The Secretary of State's office determined the 50 extra Dunstable ballots were test ballots (numbered 1-50) used to calibrate voting machines that were inadvertently included in the recount; removing these would increase Scarsdale's margin from 7 to 17 votes

Recount Irregularities Documented: Observer declarations described chaotic conditions at the Groton recount, including disorganized ballot boxes, ballots from wrong precincts mixed together, at least one early voter in Pepperell receiving a Saugus ballot, and Groton voters receiving ballots for the wrong district

Committee's Key Finding - No Fraud: The Committee unanimously concluded no fraud or intentional misconduct occurred; Shepherd himself publicly stated "every single town clerk, registrar, and poll worker acted in good faith" and the election was not "stolen"

Legal Standard Applied: Under Massachusetts case law, elections may only be set aside when irregularities compromise election integrity and place results in doubt; ministerial failures by election officials do not invalidate votes absent evidence of fraud, and disputes must be resolved in favor of voters

Shepherd's Burden Not Met: The Committee found Shepherd failed to provide corroborating evidence that irregularities caused actual harm beyond speculation, and rejected his reliance on Connolly v. Secretary of the Commonwealth because that case required showing clear error before conjecture-based arguments

Pending Litigation Rendered Moot: Shepherd filed suit in Middlesex Superior Court on December 23, 2022 at 6:09 PM (after courts closed for the holiday); the Committee's exercise of exclusive constitutional jurisdiction rendered any judicial proceedings moot

Final Recommendation: The Special Committee unanimously recommended, and the House declared, Margaret R. Scarsdale the duly elected and qualified Representative for the First Middlesex District, entitled to the seat allocated for that district