By SANDY McGEE

CUMBERLAND — A Superior Court judge issued a temporary restraining order Friday that will apparently prevent the secretary of state from certifying a winner in the deadlocked contest for an at-large Town Council seat.

In pursuit of that seat, James N. McLaughlin and incumbent candidate Bruce A. Lemois are tied with 2,855 votes. The tie was registered following a Sept. 12 recount at the state Board of Elections.
After reviewing a state statute, the town Board of Canvassers voted Monday to refer the deadlock to Cumberland’s Democratic Town Committee. As the board interpreted that law, a winner would be chosen by a vote of the party committee.
Lemois was one of two candidates endorsed by the committee for the two at-large council seats. The other endorsee, Town Council President James T. Higgins, finished first in the primary with 3,116 votes.
With no Republican opposition, the two victorious primary candidates will take the at-large slots for a two-year term beginning in January 2009.
McLaughlin’s attorney, Brandon Bell, went to court this week in response to the Board of Canvassers vote Monday. After meeting with Bell and a Lemois representative, as well as the Board of Canvassers, Judge Judith C. Savage issued a temporary restraining order late Friday afternoon.
Such an order is usually issued while a motion for a preliminary injunction is under review.
According to Bell and McLaughlin, the Democratic Town Committee may still meet and vote for a candidate, but the Board of Canvassers is not permitted to advance either candidate’s name for state certification.
“It’s just a little bit of the battle,” Bell said. “We still have a long way to go. The judge, I believe, recognized that there was enough harm that could be done if this restraining order was not permitted. On Wednesday, we will have a hearing on the preliminary injunction.”
That hearing, which is open to the public, will be held at 2 p.m. at Providence County Superior Court, 250 Benefit St.
Meanwhile, the Democratic Town Committee will meet as scheduled this Tuesday, Sept. 23, at 7:30 p.m. at the Cumberland Public Library, 1464 Diamond Hill Road.
A secret ballot will be held to determine the winner, according to Kevin Crawley, acting committee chairman. Three representatives — one chosen by Lemois, one by McLaughlin and one by the Democratic Town Committee — will count the votes.
“I’m glad people are excited about the legal rights,” Lemois said about bringing the issue to court. “I just hope the motivation is in the best interest of Cumberland. I’m glad the vote is going on. I will accept whatever decision is made by the town committee or the court system.”
“It’s a victory for the people,” McLaughlin said after learning about the temporary restraining order. “It now deals with the constitutionality of that statute.”
The Board of Canvassers made its decision based on Rhode Island General Law 17-15-33, which states: “If there is a failure to make a nomination or to elect a candidate to party office at any primary by reason of a tie vote, the vacancy … if in respect to an office other than a senatorial or representative district committee to be filled by the voters of no more than one city or town, or a portion of a city or town, the vacancy shall be filled by the city or town committee of the respective political party.”
To review the statute in its entirety, visit www.rilin.state.ri.us/Statutes/TITLE17/17-15/17-15-33.htm.
Lemois, past president of the Berkeley Fire District, is seeking his second term in office. He is employed as an operations manager for ASI Inc. in East Providence. He has attended Northeastern University in Boston.
McLaughlin, an Army veteran of the Vietnam War, is a retired auto mechanic. He is a member of the Veterans of Foreign Wars and a grand knight of the Knights of Columbus. He has never held a town office.