Whether Boston will hold a special election to replace Mayor Marty Walsh should he win U.S. Senate confirmation as Secretary of Labor and vacate his office before March 5 is becoming a political cliff hanger almost as thrilling as the story of Walsh snagging his appointment in the first place.
Even though many agree skipping the special election is a practical, cost-saving. pandemic risk reducing move for the city, a pair of conflicting legal opinions has complicated decision-making for at least several of the thirteen councilors.
On one side is Councilor Ricardo Arroyo who launched the petition to skip the charter-mandated special election. Guided by an advisory opinion from an attorney with the state ethics commission – the independent agency with the power to interpret and enforce state conflict of interest law – he asserts that all councilors can and should vote to advance the petition.
On the other side, you have City Councilor Lydia Edwards, the first-time chair of the council’s government operations committee, who maintains that councilors who fancy the mayor’s seat should proceed on the matter with caution.
Edwards points to an opinion she sought from a city council staff attorney, a move she said was a matter of due diligence given the unique nature of the petition to override the charter.
“This has to be done right. If we’re going to not follow our charter, I want to cross every ‘T’ and dot every ‘I.’ Why wouldn’t we support that,” she said when asked about the timing of the review.
Smack in the middle is City Council President Kim Janey, who becomes mayor the minute Walsh resigns. In a statement issued through the strategic communications firm Northwind Strategies, Janey pointed to the ethics commission’s read:
“I will of course follow whatever the ethics rules require. The State Ethics Commission has provided an advisory that indicates there is no conflict of interest,” Janey’s statement said. “This discussion shouldn’t let us lose sight of the fact that special elections historically disenfranchise communities of color and low income, and that the Council’s focus should be what is best for the residents of Boston."
Watching with interest are councilors Michele Wu and Andrea Campbell, the only declared mayoral candidates at this point. Although WCVB reports Police Commissioner William Gross and City Councilor Michael Flaherty are also thinking of running.
Wu told the Boston Herald she’s seeking independent legal advice on the matter. She has expressed support for skipping the special election despite topping the at-large ticket in 2019 and being well-positioned to win a special election.
A source familiar with the Councilor Andrea Campbell’s campaign told GBH News she supports a public conversation to weigh whether the special election should be scrapped, but has not taken a position on the matter. She is seeking her own advisory opinion from the state ethics commission.
And on the sidelines is At-Large Councilor Annissa Essaibi-George who is also considering a mayoral bid.
Essaibi-George told GBH News she’s decided to abstain from voting on the petition altogether.
“As a potential candidate this decision could directly impact me and a potential campaign. While I believe ensuring safe and equitable access to the ballot is critical, I believe I need to hold myself to the highest possible ethical standard,” Essaibi-George said. “I trust my colleagues in government to do what is best for the people of Boston and guarantee that their voices are heard."
MassVOTE and several advocacy groups are calling for the suspension of the special election this year on the grounds that it would fatigue voters, expose them to the coronavirus and cost the city money. The coalition has planned a press conference on the issue Tuesday afternoon.
The Boston City Charter is very specific on the matter. If the mayor leaves office o or before March 5, the city must hold a special election: first a primary (in the spring) and then a final (summer). And then repeat the process again in September and November.
Arroyo's home rule petition would do away with the special elections, in the same way that Lawrence received legislative dispensation.
Gov. Charlie Baker said that he's sign a Boston home rule move to streamline the election. And election czar Sec. of State Bill Galvin has also spoken up in favor.
The council’s committee on government operations holds a hearing on the petition this afternoon.
Correction: This story originally misstated Police Commissioner William Gross' name.
