A divided Board of Selectmen nixed a citizen petition to reduce their number from five to three during a Jan. 16 meeting after a majority of officials said the proposale had been submitted the day after the deadline.

Candia’s final deadline for submitting warrant articles was Jan. 13, but board members said the petition was not officially received until the morning of Jan. 14. During a separate interview on Jan. 15, local resident Amanda Soares, the final signer of the petition, said she brought the article in after 4 p.m. on Jan. 13, but Town Clerk Christine Dupere’s office hours ended that day at 3 p.m.

Selectman Tom Giffen moved to accept the article “despite its tardiness,” and the board acknowledged that Soares had at least made an attempt to serve the article by the Jan 13 deadline. Giffen said that the article itself was a sign that some citizens are “disgruntled with the specific board” and that acceptance of the complete yet late article would demonstrate that the board is ultimately “not as bad as it seems.”

Candia voters approved the change from a three- to a fivemember Board of Selectmen in 2005.

Giffen also summarized the issue as a “minor technicality,“ and said two attorneys consulted on the matter indicated that the “doctrine of substantial compliance” appeared to be a supporting factor for the acceptance of the article. But Selectman Rick Lazott, who participated in the meeting via telephone, was among those who maintained that both the spirit and letter of local statutes indicated that the board should not accept a late article.

“Rules are there to be followed,” he said.

Selectmen said that Dupere’s closed office did not in fact represent an obstacle to the article, and Soares could have lawfully submitted the article that day by seeking out a selectman to hand the petition to in person. Kelley noted that the petition had “plenty of signatures on it beforehand” and could have been submitted at any time prior to 3 p.m. on Jan. 13.

As the board neared a vote, Giffen warned that the issue could open up litigation for the town in the event the board rejects the article, but Lazott said an attorney had stated that the town would still have a good position for defending such a decision. The board voted 4-1 against the article, and it will not appear on this year’s warrant.