Cape Cod Mail-In Ballots Will Be Counted Despite Misprint, Judge Says

BARNSTABLE COUNTY, MA — Mail-in ballots that incorrectly listed Democrat Chris Flanagan as the incumbent candidate for state representative in the 1st Barnstable District can still be counted, a Barnstable Superior Court judge ruled.

Flanagan's opponent, Republican Tracy Post, sought an injunction following the discovery that roughly 3,200 mail-in ballots were sent to voters in Dennis listing Flanagan as the incumbent. Approximately 600 of those ballots were caught before they were delivered to voters, the Cape Cod Times reports.

Voters in Yarmouth and Brewster didn't receive any incorrect ballots.

Republican Timothy Whelan is the actual incumbent, but Whelan is giving up that seat in 2022 as he makes a run for Barnstable County Sheriff.

In a statement, Flanagan praised the Secretary of State's Office for their part in handling this situation.

"The Secretary’s office has acted decisively to remedy this unfortunate mistake. The coordinated outreach to the Town Clerks in Dennis, Yarmouth and Brewster was immediate," said Flanagan.

"I am satisfied with the steps that were taken by election officials and confident in our election - every vote will be counted in this race."

Post responded to the judge's denial, stating that she believes mistakes like this cause voter confidence to dwindle.

"It is ballot problems like these that cause the voters to question the integrity of the system," Post said.

"We are continuing to explore our options, but believe that the voters have the right to correct information."

Abe Kasparian, a third-party candidate in the race who was recently sentenced to probation for violating the terms of a protective order, filed a motion to be included in Post's request for an injunction and also filed a lawsuit against Post for improper — "frivolous" — use of the courts.