Board Votes To Add Candidates' Names to Ballot After Election Upset

GREENPORT, NY — Before a standing-room only crowd, the Greenport Village board voted unanimously Thursday night to support a resolution that would put seven potential candidates in the upcoming election back on the ballot after a "paperwork" snafu that sparked outrage amongst residents.

The Greenport Village election is slated for March 21 — and this week, seven contenders for both mayoral and trustee seats found themselves off the ballot.

The only two names that remained on the ballot were those of incumbent longtime Greenport Village Mayor George Hubbard and incumbent Trustee Jack Martilotta.

The seven candidates — two for the mayor's seat and five for trustee seats — were sent a letter by Greenport Village Attorney Joseph Prokop, stating that although they had filed independent nominating petitions, they did not subsequently file a "proper certificate of acceptance" with the village clerk by Feb. 17, and their names "cannot appear on the ballot as a candidate for office in the 2023 election because a proper certificate of acceptance was not filed as required."

Hubbard told Patch the reason the potential candidates do not appear on the ballot is they "did not complete all the paperwork."

Candidates left off the ballot include Richard Vandenburgh and Kevin Stuessi for mayor and Ali Tuthill, Lily Dougherty-Johnson, Nikki Gohorel, Patrick Brennan, and William Swiskey for trustee.

There are two open trustee seats — Martilotta is running to retain his seat and incumbent Peter Clarke will not be running again.

The issue arose when the candidates didn't realize they had to fill out the acceptance form and Sylvia Lazzari Pirillo, the village clerk, did not inform them, many said.

A letter to the candidates from Pirillo, obtained by Patch and dated Feb. 10, said the candidates' nominating petitions were received and that they would appear on the ballot. The date to file a notice of declination was listed as Feb. 17. The letter made no mention of a letter of acceptance that needed to be filed.

The news sparked outrage across the village — and led to a standing-room only crowd at Village Hall Thursday night where, one after one, residents filed up to the podium to cry out for justice.

Greenport Village Attorney Joe Prokop began by saying the actions taken by the village followed by election law experts and outside legal counsel.

Stuessi said he and his fellow six candidates had experienced a range of emotions after learning they weren't on the ballot. "Anger, sadness, disappointment," he said. The group met Wednesday night and Thursay morning. He referenced the letter from Pirillo that said their names would appear on the ballot and said, "This letter is what we are accepting as our right to be on the village ballot."

The room exploded with applause.

Stuessi added that the group had been given legal advice and, if they were still left off the ballot, they asked that there would be three observers of the election process, and three spaces for people to write in candidates, one for mayor and two for trustees.

Hubbard said he and Martilotta also received the same letter as the seven.

Village resident Lisa Gillooly asked who had the "decision-making power to restore these names on the ballot?" She added: "This breaks my heart. I am for a free and fair election, that's part of our rights as citizens of a nation, not just this village."

Hubbard said he was also distressed; the crowd rose their voices in response.

"Am I going to be allowed to speak?" Hubbard asked.

Hubbard said a state Supreme Court judge could restore the names. "The village board does not run elections," he said.

Vandenburgh asked for an immediate consent decree from the the board saying the names would be put back on the ballot.

Hubbard questioned the negativity in the room and asked for a peaceful discussion.

Resident Tony Spiridakis responded: "It's not every day we get to be part of the tea party, the one in Boston. This is a democratic right, that's why people are so fired up. Forgive us, the emotion is palpable," he said. "You turn this around and get the faith restored — because it's gone right now. We are upset. Let's get back to the business of running great candidates for office like what's supposed to happen in America."

Prokop said independent counsel, someone who'd worked on the prior election, was working on the issue and the next step would be to formalize the relationship with that individual so that they were formally retained.

Greenport Village Trustee Mary Bess Phillips said she realized those in attendance were upset, but said the board was, too. "We are sick about this," she said.

Former Greenport Village Mayor David Nyce said Pirillo's actions were "unconscionable," and said it was the village clerk should help applicants hoping to run for office. "This sits directly in your lap," Nyce said to Hubbard. "If you wanted a free and open election you would have made sure every canddiate had all the information they needed to run."

The mayor alone appoints the village clerk, he said.

The crowd applauded.

"The anger here tonight matches the optics of this," Nyce said. "There are nine poeple running, two incumbents and seven running against them, and only two are on the ballot. If it walks like a duck and talks like a duck, it probably is a duck." He added that he didn't believe, in his "soul, that anything untoward happened. This is a sin of non-action. I don't know why this clerk has chosen not to be helpful."

He suggested Pirillo be dispensed of the duties of running the election. Nyce said the trustees not up for reelection should determine how the process moves forward and said the candidates should be put on the ballot. "I guarantee you the New York State Board of Elections will not overturn an election for putting people on the ballot, only for taking people off," he said.

Of the situation, Nyce said, "It's a mess."

Swiskey, also running for a trustee seat, added, "I'm being jerked around here and I don't like it." He questioned why outside counsel who had not yet been formally hired was being consulted.

Southold Town Trustee Liz Gillooly asked all of the incumbent trustees if they felt the letter to candidates was clear. Phillips said she did not believe it was; Trustee Julia Robins said it was "inappropriate and misleading," Trustee Peter Clarke said it had no mention of needing to come in and sign a document; and Hubbard said he had "questions about it myself."

Gillooly urged that the names be put back on the ballot, "to restore faith in democracy in Greenport. Democracy dies in darkness. We're going to shine a light on what has gone on here."

Rena Wilhelm added that what had transpired was also unfair to Hubbard and Martilotta. "It wasn't only a disservice to the seven but it made you look bad, too. It's unfair of people not to support you because they'll think you're guilty by association."

Poppy Johnson, whose daughter Dougherty-Johnson is running, said she insisted on an election where all candidates were listed on the ballot, "not write ins."

Patrick Brennan, who is also running, asked why whatever village official realized something had gone wrong "decided to seek counsel and protect themselves, and not notify the public or candidates. They didn't show any decency. They showed blatant disregard for the rights of village residents."

He added: "I don't have endless amounts of time to mess around. I expect the mayor and trustees to clean up their own mess. If you can't lead, get out of my way."

Another resident added, to the board: "If you're not with us, you've got to get out. This is Greenport."

Resident Helen Reiss suggested if the ballot was not corrected, the two incumbents remaining on that ballot should resign, the "decent" thing to do, she said.

Dougherty-Johnson said despite the ballot upset, the candidates were still planning to run for office. "This makes it very clear that there's a serious need for change. This is not okay."

Michael Osinski asked: "Where is the clerk?"

Hubbard said Pirillo was tending to a personal matter with her father.

Pirillo did not respond to a request for comment from Patch.

Gohorel, also one of the candidates, said many on the board are her neighbors. "How did we get to this situation?" she asked. "I feel like the student who's been given half the course then has to take the test, but didn't have the information. I don't know how it got this far. This has to stop. It is a disgrace."

Tuthill, also running, said the incident was "an embarrassing step backward. We not only need new leadership, but more leaders who have the courage to establish a culture of transparency and who are also willing to foster open dialogue. That's how leaders built trust, and is absolutely critical in ensuring we as a village can successfully navigate this wide range of public policy challenges."

Spiridakis stepped up to the podium and asked the board to resolve the situation immediately with a resolution.

Robins said she was "devastated" and would vote for anything to get all the candidates back on the ballot. Phillips she had worked with the candidates and tried to help them find answers.

Martilotta said he felt "horrible. I feel sick that you're not on the ballot. I want to fix it," he said.

Hubbard said he has served for years and done the "best job I can for the village. I did nothing underhanded. The last day and a half have been hell for me, also."

Liz Gillooly said there was no provision in the law that said the board could not extend the deadline to Monday so that the acceptance letters could be signed and submitted.

Hubbard offered the motion, and all trustees voted unanimously to put the names back on the ballot.

The crowd cheered.