The legitimacy of Fire District No. 2’s April election has been called into question after officials learned the district’s now-resigned clerk violated state law by handling ballots before the polls closed.

According to the Prudential Committee, which is charged with overseeing the fire department’s finances, former Clerk and Treasurer Joan Brennan opened the ballot box several times to count ballots during the election, and did so out of public viewing, a violation of state laws.

"There's some issues here because the election was tainted with the ballot box being opened," Prudential Committee member Ralph Medeiros said during the committee’s June 12 meeting.

cBrennan could not be reached for comment before publication. She stepped down from her position as district Clerk and Treasurer on May 3, naming her two full-time jobs and family as the reason for her resignation. She currently works as Clerk and Treasurer for Fire District No. 3, and had worked for District No. 2 for nearly three years.

The district has had conversations with the Secretary of State’s office and Dartmouth Police about an investigation, but it is currently unclear what the next steps are. Dartmouth’s three fire districts each function as a municipality separate from the town.

"We do not have the right to void the election. Only the state does," said Prudential Committee member Bernie Giroux.

The district's attorney, Anthony Savastano, confirmed that any person who received votes during the write-in election, or members of the public, could challenge the election outcome.

No candidates were officially on the ballot in the election. Write-in candidate Greg Edgcomb secured the most votes over District No. 2 resident William Cauto. Officials confirmed that about 50 district residents had voted.

The polls opened at 11 a.m. and closed at 8 p.m. on April 24. District officials said Brennan counted the ballots around 8:05 p.m., which was legal.

Giroux said that after voting at the station's 1100 Russells Mills Road location on election day, shortly after 7 p.m., he saw Brennan open the ballot box and place a brown envelope into the box. He presumed the envelope had counted ballots inside.

The officials also said that one of the two poll workers allegedly saw Brennan remove ballots from the ballot box around 5 p.m. She then allegedly took the ballots into the department's basement, where her office was located, with Officer Steve Canario, who oversaw the polls. She returned with a brown envelope, presumably holding counted ballots, and placed it in the ballot box with Canario, they said.

According to Massachusetts law: "The ballot box shall not be opened nor any ballot removed until the polls are closed," and "no ballots may be counted until the polls close." The laws also state that ballots must be counted in a public setting.

Prudential Committee members said they did not know if the earlier counts were shared with candidates. Edgcomb said he did not receive any early counts via word of mouth, text, or phone call.

Officials said a warden was not assigned for the election, but that they will assign a warden and poll workers this summer to avoid similar occurrences in the future.

Medeiros said he realized the infraction on Election Day, when Brennan told him that she had already started counting ballots.

"I said, 'I'm amazed you could do that.' It sounded intrinsically wrong to me," he said during the meeting. But, after seeking clarification from Savastano, Medeiros then realized the error.

"[Savastano] said to me, 'That's a serious violation, Ralph. You have to act on this,'" Medeiros recalled.

Edgcomb, a volunteer firefighter for the district, has not been sworn into the Prudential Committee position for reasons independent of the current investigation.

Medeiros and Giroux are still debating if Edgcomb would be an effective committee member, as his role as District No. 2 captain presents a conflict of interest.

"I have deep reservations about it. I have nothing against Greg," said Medeiros, explaining that Edgcomb has been helpful in providing background on district needs and procedures to the Prudential Committee.

Savastano explained that to be both a committee member and a district firefighter, District No. 2 Fire Chief Tim Andre would need to certify with the state that Edgcomb is invaluable to the department. The Prudential Committee would then need to accept the exemption, Savastano said. If Edgcomb were sworn in, he could not continue in his firefighter role until those two things happened, said Savastano.

"I feel it would be harmful to the people in the district if I didn't show up as a firefighter," Edgcomb said at the meeting. As one of three District No. 2 captains, Edgcomb heads all special teams, including diving and wildlife rescue, he said.

Edgcomb said the chief — who was not present at the meeting — has filed the certification. Prudential Committee members have not voted on the matter yet, however.

Medeiros has served as a Prudential Committee member for 11 years. Giroux has served for four years.

About 10,000 residents live in District No. 2, which is sandwiched by Horseneck and Division roads on the west, and Russells Mills and Potomska roads on the east. The district extends to the Buzzards Bay coast on the southern end, and reaches about halfway up Chase and Lucy Little roads going north.