Judge knocks down rule that blocked mayoral candidate

A federal judge ruled Thursday that the city of Central Falls cannot block a mayoral candidate from being on the ballot.

Hipolito Fontes was disqualified when the Central Falls Board of Canvassers said he fell three signatures short on his nomination papers.

The board said Fontes also took out candidacy papers for City Council and that some people signed both sets of nomination papers.

But U.S. District Court Judge William Smith ruled that the Board of Canvassers was wrong and that Fontes can run for mayor if he has all the signatures he needs.

In a 19-page ruling, Smith found Central Falls’s “first to file” rule unconstitutional. The rule says a nominating signature counts only once—for the candidate who files first.

The city had argued in part that Fontes was disqualified for mayor because he also filed for City Council.

“This interpretation not only flies in the face of the plain meaning of the (state) statute, it operates to exclude citizens from the political process,“ Smith said.

Smith found that citizens can sign more than one set of nomination papers for candidates declaring for two offices.

The judge also chastised Mayor Charles Moreau. 

Moreau gathered 1,500 signatures—1,300 more than he needed—in effect making it difficult for any other candidate in the city from getting enough signatures.

“This effectively disenfranchises the ability of 1,500 Central Falls registered voters to participate in the process of nominating anyone,“ Smith said.

The judge said unbeknownst to people who signed Moreau’s nomination papers, their signatures were “actually used as a blocking mechanism to restrict the field of candidates.“

Moreau issued a statement in response to Smith’s ruling.

“This provision has been in the city charter since 1953 and there is no question that the review by the court was a necessary step. This case wasn’t about me or my opponent, it was about the process,“ Moreau said.

The American Civil Liberties Union brought the suit on behalf of Fontes.