Topsham may nullify election of Democrat - 13 months after the election

Topsham's a town in transition, one that's grappling with how to prepare for the future without losing all the positives that have traditionally marked small-town life in Maine.

From having stalled negotiations with the owners of Cumberland Farms delay construction and drive up the cost of the new town office and public safety complex on Main Street to the sometimes nasty debate that has bogged down planning for future development west of Interstate 295 and in the village area, Topsham's struggles with growth have topped the agenda for most of 2006.

The town's latest controversy — last week's opinion by town attorney Lee Bragg that Selectman Ronald Riendeau's 2005 election should be invalidated because it violates the term limits provision of town code — represents far more than a municipal growing pain, though.

Topsham officials have every right to want to bid "good riddance" to 2006, but before they do so, something must be done to correct this fiasco — beginning Thursday night, when the Board of Selectmen meets for the first time since Bragg offered his legal counsel on the matter.

While Bragg's interpretation of town code might stand up in court, it behooves town officials to resolve this conundrum in a way that reflects the will of the voters. Justice and ethics, not legal intricacies, should guide Topsham's leaders as they consider their next step.

Topsham voters elected Riendeau in 2005 to a three-year term on the Board of Selectmen. Now, 13 months later and just days after this year's election — which appears to have shifted the dynamic of the board — town officials "discovered" fine print that effectively nullifies an election, the propriety of which no one questions.

This "discovery" comes 13 months too late. More than 490 municipalities in Maine manage to conduct valid elections. Presumably, potential problems are identified before voters go to the polls. Conducting an election is complex, but it's not rocket science. High on Topsham's list of goals for 2007 should be a careful scrutiny of town code to ensure that municipal officials and candidates fully understand the intricacies of the system before the polls open.

But first, Topsham officials must find a way to uphold the will of residents who cast ballots in 2005, even if that means seeking recourse in the courts or by other means to affirm Riendeau's place as a selectman. Votes cast in good faith by the residents who elected Riendeau should not be trashed because the people paid to manage Topsham town government failed to fully grasp election rules.

Undoing an election 13 or more months after the fact sets a horrible precedent. The representative form of government embraced by this country more than 225 years ago depends upon the integrity of elections. Recounts are fine; "do-overs" are not.

The merits of term limits are certainly subject to debate. But, without question, term limits applied retroactively represent a travesty — a victory of bureaucracy over democracy.