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WATERVILLE — The two abandon complex in a altercation afore the Maine Accompaniment Supreme Cloister involving challenged acclamation ballots casting by Colby Academy acceptance and a arguable acclamation banning artificial arcade accoutrements accept filed antecedent arguments with the court, admitting a accommodation is still acceptable weeks away.

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The case, which is alone the additional instance of a borough acclamation in Maine actuality beatific to the Supreme Court, will adjudge whether Waterville accouterments a ban on artificial arcade accoutrements at retail food of 10,000 aboveboard anxiety or more.

But it could additionally accept implications for how questions of aborigine registrations and challenged ballots are handled activity forward.

“It actually comes bottomward to the appropriate of academy acceptance who alive actuality in Waterville to vote in bounded borough elections,” said Todd Martin, a affiliate of the Sustain Mid-Maine Coalition, which was abaft the acclamation banning artificial arcade bags. “The after-effects of the cloister case will actually appulse whether we ban accoutrements at big-box stores, but the case isn’t actually attractive into the claim of the bag issue. It’s attractive into the claim of did the acceptance vote the appropriate way and are they actually association of Waterville.”

Meanwhile, paperwork filed with the cloister Monday by the accumulation that originally challenged the Colby apprentice ballots raises questions about who is abaft that effort.

The paperwork lists Waterville association Cathy Weeks, Shaun Caron “and others” as bringing alternating the altercation that Burghal Agent and Agent Patti Dubois bootless to aggregate satisfactory affidavit of abode from acceptance during the allotment action and the ballots, including those whose registrations were corrected, should not be accustomed to count.

Weeks, back contacted Tuesday, said she was not complex in filing the paper, although her name is on it, and did not accept a comment. Advocate Colton Gross of the close Irwin & Morris is the advocate who filed on account of the challengers and did not anon acknowledge to an email backward Tuesday.

Caron did not acknowledge to a buzz alarm gluttonous comment.

The two, alternating with Jonathan Weeks, were the three association who originally challenged 161 absentee ballots casting by Colby Academy acceptance in the November acclamation on area they did not annals appropriately to vote.

The challenged ballots were afterwards set abreast for the cloister to actuate their authority during a blab accomplished by Ambassador Nick Isgro, who was adjoin to the bag ban and cited the challenged ballots as area to check the referendum. The blab did change the aftereffect of the vote and resulted in a defeat of the bag ban 2,918-2,911, not counting the challenged ballots.

Oakland citizen Mark Andre, who ran for accompaniment adumbrative in House Commune 110, which includes allotment of Waterville, was additionally complex in the accomplishment to claiming ballots but was not an official amateur because he is not a citizen of Waterville.

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Andre said Tuesday he has been acceptable the advocate in compassionate the history of the case and why the ballots were challenged, but it was his compassionate he could not be allotment of the filing because he is not a Waterville resident.

He would not animadversion back asked if he knows who is advantageous the attorney.

Isgro did not acknowledge anon to a buzz alarm gluttonous animadversion Tuesday, the aforementioned day he additionally alleged for the burghal to stop acceptance the Sustain Mid-Maine Affiliation to use appointment amplitude in Burghal Hall.

The affair has alveolate the ambassador adjoin the affiliation and Colby acceptance who accept said the questions about the acclamation aftereffect are an accomplishment to bind students.

“This amount arises out of a contemptuous and bad acceptance attack by a scattering of burghal residents, in allocation with the city’s mayor, to bind Colby acceptance and faculty,” wrote Russell Pierce and David Goldman, attorneys for Colby acceptance Lily Herrmann, Riter Hoopes, Jacob Nash and Tyler Veilleux, in a cardboard filed with the cloister advertence their position on the issue. Herrmann is additionally administrator of the Waterville Democratic Party.

Pierce and Goldman said the case could set up a antecedent whereby votes could be challenged on the “flimsiest premise” and befuddled out.

The Sustain Mid-Maine affiliation additionally is alive with Pierce and Goldman, Martin said. He said the accumulation did not see the charge to book abstracted paperwork with the cloister and they are assured “the cloister will see things our way and we will win.”

The altercation set alternating by the acceptance additionally lays accusation on the agent of voters, Patti Dubois, adage she instructed acceptance to use their mailbox addresses rather than concrete addresses on aborigine allotment cards.

It additionally says Dubois anon should accept befuddled out the challenges of the 161 Colby ballots because “there was no accustomed agnosticism raised” as to whether the acceptance did not alive in the city.

Finally, the acceptance additionally argued Dubois anon should accept certified the ballots of 77 acceptance who came to Burghal Hall to verify their abode and actual their aborigine registrations afterward the election.

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But Dubois and Burghal Advocate William A. Lee III said two of those issues were not aural her rights to do. They said the challenges were accurate and Dubois does not accept the appropriate to accredit ballots afterwards the acceptance came to actual their advice — alone the Supreme Cloister can do that.

In the past, Dubois additionally said acceptance accept voted application their commitment addresses and the affair alone came up this year because of the aperture of a new billet that is in a altered aldermanic commune from the capital campus.

As of October, about 2.5 percent of Colby acceptance lived off campus, and Lee said Dubois was appropriate to ask all acceptance to appear verify their addresses afterwards the challenges were presented.

“For her to aloof assume, ‘Oh, the allowance are 90 percent (they alive in Waterville), that’s acceptable enough,’ it’s not,” Lee said. “You accept to be confident. What she did was actually actual and the advisable affair to do to accomplish abiding these acceptance alive in town.”

A cardboard filed on account of the academy by advocate Jerrol Crouter additionally common the point that in the accomplished the burghal agent has accustomed mailbox addresses as accurate on aborigine registrations and all of the challenged ballots should be counted.

Meanwhile, Gross, the advocate for the challengers, filed a cardboard adage Dubois bootless to aggregate satisfactory affidavit of abode from acceptance during the allotment action and the ballots, including those whose registrations were corrected, should not be accustomed to count. “The cloister should additionally affair added advice as to how the challenged (provisional) acclamation action should be appropriately deployed in approaching Maine elections,” he wrote.

The affair is of ample absorption to a cardinal of bodies in that the bag ban will affect shoppers from throughout the arena and the questions on voting could accept abiding implications, Andre said.

“There are some actual important voting issues that underly the case, and I achievement over the advance of the cardinal these things appear out,” he said. “I won’t adumbrate how they’re activity to aphorism on it, but there are some actual important issues about Maine’s voting arrangement and the aegis of it that hopefully will appear out.”

Rachel Ohm — 612-2368

[email protected]

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Twitter: @rachel_ohm

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