DALTON, Mass. — Voters can expect a special election to fill the vacant Select Board seat left open when Joe Diver stepped down.
A citizen petition with 237 signatures from residents calling for a special election was handed in on Wednesday afternoon. Town Clerk Heather Hunt said the town clerk's office is now in the process of certifying the signatures.
Since then, he worked with Thomas Irwin and several other supporting town members to gather signatures.
While gathering signatures, Collins said residents were confused as to why the board didn't want to fill the seat, especially considering the vacant spot on the five-member board is what would break a tie.
"... None of the people collecting signatures, nobody declined not to sign. Everybody that was asked about the petition and told about the petition happily signed, and we're on board for having a special election."
During its meeting on Tuesday, the board discussed how to fill the vacant seat. Members had to decide whether to hold a special election or wait until the annual town election in May.
Diver's three-year term concludes this May so the winner of the special election would complete the half-year left.
The board voted to take no action on the matter and to revisit it in November once they see legal counsel and gather more information on legal, financial, and logistical aspects of a special election before deciding how to proceed.
Select Board expressed concerns about having a special election due to the cost, it not requiring mail-in voting, proximity to holiday and winter weather that could lower voter turnout, and the additional strain on the town clerk's office because of how close it would be to the presidential election in November.
"And I don't see the reasoning to spend that kind of money for a two, or probably about a three to three and a half months appointment when the person will have to turn right around and get re-elected again," Select Board Chair Robert Bishop said.
Hunt said that although mail-in ballots are not required for a special election, the board makes that decision.
If the board decided to include mail-in ballots, especially considering older folks who don't go out in the winter, it would increase the cost of the special election.
Board members at the meeting knew that a petition had been taken out, and Hunt informed them that if it reached 200 signatures, the decision on how to fill the vacant seat was no longer the board's; the special election would have to happen.
Member John Boyle pointed out that Massachusetts law states that a Select Board can only delay a special election if it is close to the annual town election.
According to MGL (Chapter 41 Section 10), the request for a special election must be submitted at least 100 days before the next annual election.
This does not include the presidential election; rather, it refers to the annual elections, which Dalton holds in May.
During the discussion on the petition, Bishop questioned whether those who agreed to sign knew that the board had yet to make a decision.
The petition does not say anything about the cost or other matters surrounding a special election, Bishop said.
Board members agreed they would rather wait until the presidential election is over before calling a special election.
The town clerk's office would have 64 days to set up the special election if they did that. In addition, there are specific deadlines for obtaining nomination papers, 51 days prior, submitting signatures, 49 days prior, and publishing the warrant, 14 days prior.
If the board were to hold a special election after the presidential election the earliest election that could happen would be the beginning of January, Vice Chair Dan Esko said.
"Beginning of January, let's say we had an election, the next election is [about] five months away. In any case, my point being, as a board, I don't know that it makes sense for us to even call one, considering the timing and the cost. I don't now. If the special elections called by citizens, so be it. We'll have to just take care of that," Esko said.
Board members said many people are misinformed about the situation. Boyle said there are legalities surrounding whether to hold a special election, some of which will require answers from the town's legal counsel.
"I would say, these people that are circulating this petition, I don't know who they are, I've heard the rumors, too. Right now, we're only acting on rumors," Boyle said.
"That is not only irresponsible, it is expensive for the town of Dalton to be doing this."
Bishop asked whether petitioners who signed the petition and later changed their minds would be allowed to remove their names from the petition.
At the meeting, Hunt said she had never been asked a question like that before and was unsure of the answer.
In a follow-up, Hunt said the town has not heard from any signers expressing an interest in removing their names from the petition.
If that changes and a number of signers express an interest in removing their names from the petition, they will spend more time researching whether that is an option, she said.
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Fenton: Governor's Council Must Deliver for the Berkshires
Community submissionGuest Column
I am a Springfield lawyer running for Governor's Council and I am asking for Berkshire County residents to support me over an incumbent from North Adams.
Here's why: Last year I learned about staffing issues in our regional courts that I could not ignore. In 2025, it was reported that four of Western Massachusetts' 11 Superior Court judgeships were vacant, all at the same time. A few weeks later, that grew to five vacancies. This meant there were only six Superior Court judges serving all of Western Mass at a time when Berkshire, Hampshire, Franklin, and Hampden counties had more than 100 pending homicide cases.
Those numbers were alarming to me, so I started to engage with leaders in the community who work most closely with the court system and I came to learn that these vacancies were only the tip of the iceberg here in Berkshire County.
I learned that no Superior Court or District Court judge had been appointed from the Berkshires since the current incumbent took office. As a result, there is not a single Superior Court judge who lives in the Berkshires today, and several of the District Court judges drive in from other counties to support Berkshire courts in Pittsfield, Great Barrington, and North Adams. Court staff also informed me about severe staffing shortages at the Berkshire Clerk of Courts office resulting in other counties needing to loan staff to the Berkshires just so hardworking employees can take a brief and planned summer vacation. This is not normal. These issues are a reflection of genuine problems with the Berkshire County court system and show a lack of proactive attention from our Governor's Councilor.
Instead of focusing on regional equity, I watched as the current incumbent celebrated that she has voted against the governor's nominees more than any other councilor, without much explanation as to why. Most recently, she voted against two extremely qualified former prosecutors for the Parole Board. This was despite an in-person plea from the governor and a letter of support from all the three of the district attorney's from Western Mass. Those votes do not show independence or standing up for principles, they demonstrate naivete, and an unwillingness to work with the key stakeholders.
I had seen and heard enough. I decided to jump in the race and challenge the incumbent to address these problems head-on.
I am a partner of a regional law firm. I understand our courts and the importance of having qualified, fair and hardworking judges. And I know how important it is to have judges from the Berkshires serving the Berkshires. To achieve that, you need strong relationships with the legal community and local stakeholders. You need to know how to use the power of the Governor's Council to fight forcefully for our region. And you need to be laser focused on identifying vacancies before they occur so that they can be filled quickly with local candidates.
The landscape has special significance in the Berkshires. It is a central element in the region's scenic rural character and quality of life, as well an economic resource that is a basis of tourism.
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