On January 8, the Newton Programs and Services Committee met to discuss Mayor Ruthanne Fuller’s nomination of W. David Power for the upcoming vacant Republican seat on the Newton Election Commission (see Fig City News article). Members of the Committee include Councilor Josh Krintzman (Chair), Councilor Bill Humphrey (Vice Chair), and Councilors John Oliver, David Micley, Julia Malakie, Alan Lobovits, R. Lisle Baker, and Stephen Farrell.
Power’s nomination was viewed as unsatisfactory by many Newton Republicans because he was not among the three candidates recommended by the Newton Republican City Committee (NRCC). The NRCC list candidates are Tom Mountain, Valerie Pontiff, and Steven Snider, all of whom were elected by members of the local Newton Republican community.
Power’s introduction
Power introduced himself early in the meeting, saying that he has been a registered Republican since approximately 1980 but is not active in the party. He said that his interest in the Commission, while serving in a partisan capacity, is ultimately non-partisan.
“I became aware of this position through the Mayor, whom I’ve known since the ‘80s professionally and personally over a long period of time,” he said. “I’m interested in the role because I believe in free and fair elections. It is a cornerstone of democracy, and I have a non-partisan interest in serving Newton, if you’ll have me.”
Republicans’ concerns
Despite Power’s longtime registration as a Republican voter, on October 16, 2024, he made a $2,000 donation to the Kamala Harris 2024 presidential campaign. This donation, according to the former Vice Chairman of the Massachusetts Republican Party and NRCC candidate Mountain, disqualifies his credibility as a viable representative of the Republican party on the Election Commission.
“If the Democrat mayor came to you and said that she wanted to appoint a Democratic candidate of her choice to the election commission, yet that Democrat had recently donated $2,000 to the campaign to elect Donald Trump, what would you do?” Mountain said to the Councilors on the committee. “Would you say that person was a Democrat? Would you say that person has validity? Has status as a Democrat? No, of course you wouldn’t.”
Dr. Jessica Flynn, chairman of the NRCC and CommitteeWoman for the Republican State Committee, requested during the meeting that the Committee suspend Mayor Fuller’s appointment and choose one of the NRCC’s candidates on the basis of upholding civic engagement principles.
“Our process allows for candidate vetting and ensures meaningful civic engagement between the mayor and local political committees, crucial for fairness and transparency,” she said. “This is not a partisan issue. It’s about preserving an inclusive and balanced process that respects the role of local political committees and helping secure the best person to serve on the election commission.”
In total, similar sentiments were shared by the thirteen individuals who spoke in favor of the NRCC’s process at the meeting.
Legal process
Historically, the NRCC has put forward Republican candidates for this position; however, Newton Deputy City Solicitor Jonah Temple confirmed during the meeting that it is not a legal obligation of the Mayor or the City Council to abide by a political committee’s recommendations, nor is it a precedent strictly adhered to in the past.
“I can confirm to this committee that the Mayor has followed the appropriate legal process for this appointment. The involvement of the local political committees only applies to towns, that is definitive and clear,” he said. [Newton is a city and thus not covered by the law for towns.] “I can also add that the history here for Newton is not clear. There are indicators that Mayor Cohen did not follow the town process and there are indicators that Mayor Warren did not involve the process for all of his appointments.”
Committee discussion and vote
While the Mayor is within her rights to make her decision, Councilor Oliver nevertheless said that he wanted to know more about why she did not choose from among the NRCC’s recommendations.
“What’s wrong with the three candidates that were put forward from the Republican party?” he said. “I haven’t heard it, maybe it’s out there, but it doesn’t look like I’m going to get that answered tonight.”
Councilor Malakie said that the requirement of being a registered party member for two years to hold a seat on the Election Commission is “a pathetically low standard.” She also mentioned that while Power has donated to Republican campaigns such as former North Dakota Republican Governor Doug Burgum, his contributions to other Democratic politicians such as Former Massachusetts State Representative Robert DeLeo, President of the Massachusetts Senate Karen Spilka, and Former Massachusetts Attorney General Martha Coakley makes the bipartisanship required by Massachusetts General Law to be out of balance.
Councilor Krintzman said that he believes that the Mayor’s nomination upholds his belief in non-partisanship action by the Commission.
“Despite the fact that it is a partisan position, it is actually nonpartisan in its actions,” he said. “I would hope that the Election Commission is not actually taking party into account when it makes its decisions regarding voting procedures, voting processes, and certification of votes.”
After discussion by the Committee, four councilors (Oliver, Farrell, Malakie, and Lobovits) voted in favor of not supporting the nomination, two councilors (Krintzman and Humphrey) voted to support the nomination, and Councilor Micley abstained from the vote, finalizing the vote of the Committee to not recommend that the full City Council approve the nomination .
The decision on the nomination of Powers will go before the full City Council on January 21.
Mayor’s statement
Six days later, on January 14, Mayor Fuller released a statement explaining her choice to nominate Power, saying that her connection with and knowledge of Power led her to her decision, that she is within her right to choose outside of the NRCC’s recommendations, and that while the composition of the Election Commission is partisan, she wants to uphold the value of non-partisanship in their work.
“While affiliated with a specific party, my criteria for selecting an Election Commissioners are that they will be objective, unbiased and committed to holding free, fair and transparent elections according to Massachusetts Election Laws and Regulations. Dave Power meets all these criteria and will be an excellent member of the Election Commission.”
Bella Ishanyan is a Fig City News student reporter, Massachusetts High School Journalist of the Year, and a freshman at UMass Amherst.
