By ROBERT KOCH
Hour Staff Writer


Stuart W. Wells was sworn in as Norwalk's interim Democratic registrar of voters by Secretary of the State Susan Bysiewicz at City Hall on Wednesday, after Mayor Richard A. Moccia and the city's head attorney deferred to Bysiewicz' office on filling the vacant position.

For Bysiewicz, who administered the oath of office to Wells in the Common Council chambers, filling the position was imperative.

"This election is an historic one for our state and for our country. We have had in the state of Connecticut already 220,000 new voters register this year with 50,000 registering in just the past two weeks alone. And we are expecting 100,000 people to register this month by the deadline of Oct. 28," Bysiewicz said. "So you are coming to this election process at a very important time, and it's critical that things go smoothly."

Wells, whose name will be on the Nov. 4 ballot for a two-year term, stepped into the office of Democratic registrar of voters last week after Betty J. Betty resigned from the position Oct. 10. Bondi cited a "toxic" work environment with Republican Registrar of Voters Karen Doyle Lyons as grounds for leaving.

Until Wednesday, however, differences existed between the city's law department and the Democratic Town Committee over who was responsible for filling the post in the interim.

Citing state statutes, Democratic Town Committee members voted unanimously Monday night to appoint Wells to fill the vacancy. Robert F. Maslan Jr., head of the city's law department under Moccia, however, concluded that filling the vacancy was the responsibility of the council, based upon a city charter provision. As such, Wells' appointment was to go to the council next Tuesday.

That changed as the result of a meeting Wednesday among Moccia, Maslan, Democratic Town Committee Chairwoman Gail Wall, Committee Vice Chairman Walter O. Briggs, and U.S. Sen. Bob Duff, D-25. The decision not to send the matter to the council was "not a reflection on Bob's legal opinion," but rather an effort to keep the registrars' office running smoothly two weeks before Election Day, according to Moccia.

"The secretary of (the) state seems to feel that the Democratic Town Committee appoints," Moccia said. "We agreed that if the Democratic Town Committee is satisfied with it, we don't think there's going to be any legal challenges."

After swearing Wells in, Bysiewicz discussed how local charter provisions relate to state statutes. While some vacancies are filled by the council, others are filled by the local political town committee when "a state statute specifically speaks to an issue," she said.

"There is a state statute that says that if there is a vacancy for registrar of voters, the town committee makes the replacement. It's not the council," Bysiewicz said. "So, because there's a state statute that specifically speaks to replacement of registrars, that takes precedence over whatever the charter might say."

Bysiewicz praised Doyle Lyons for assisting Wells in the office. Democrats who met with Moccia early Wednesday praised him and Maslan, and expressed satisfaction with the decision to let the town committee appointment stand without council action.

"We all agreed that the secretary of the state's opinion was the one we were going to abide by," Duff said.

"The mayor and corporation counsel were true gentlemen, and we're very happy," he added.

Said Wall: "We all agreed that it was a Norwalk Democratic Town Committee appointment, and more importantly, Stuart Wells has been sworn in, and we're moving forward with this historic election with the full cooperation of the Republican registrar of voters."

Maslan, while standing by his opinion, said, "It's much more important to have a vacancy filled." He suggested that the state statute "be amended to make it clear that it takes precedent over the (charter) special act."

Wells, if elected by voters on Election Day Nov. 4, will go from interim Democratic registrar to serving a two-year term beginning Jan. 9. For now, he's is focused on his job.

"We've got so much work to do and we need to get on it," Wells said.

In May, the Democratic Town Committee nominated Wells, whose wife previously chaired the committee, to run for registrar over Betty J. Bondi. Fred A. Bondi, council president and Bondi's father-in-law, labeled the action retribution for his differences with the town committee. He told The Hour Tuesday that he would recuse himself if Wells' name came to a vote before the council.