The battle between Somerville Alderman Salvatore R. Albano and State Rep. Vincent J. Piro over the result of their state senate race moved closer to a resolution last night as Somerville election officials began a recount of the November 6 vote totals, which favored Albano.

The Somerville count follows a Sunday night recount in Medford which showed Albano increasing his margin in the city from 5 to 221 votes over Piro (D-Somerville). Albano led Piro by 1831 votes overall in the original tally.

Somerville City Hall bristled with activity as agents of both the Albano and Piro parties peered over the shoulders of official ballot counters to challenge any decisions in the tallying.

The contention in the recount stems from possible inaccuracies in tallying due to confusion over stickers used in Albano's campaign as a write-in candidate.

Mammoth Upset

Albano led in both Somerville and Medford after the ballots were first counted in what was considered a mammoth upset over Piro, who defeated Albano in the September Democratic primary.

Bong Bang

The different result in the November vote came on the heels of Piro's highly publicized federal extortion and conspiracy trial. Piro was granted a mistrial on October 13 after he claimed that he was entrapped in an FBI sting operation.

Patricia A. Petow, chairman of he Somerville board of election commissioners, anticipated a "long, slow night" in light of numerous challenges from the Piro faction.

While the Somerville count continued into the night, Piro aides continued to question the completed Medford recount.

Irregularities

Martin B. Dropkin, co-counsel for the Piro campaign, said that "regardless of the issue of the write-in ballots", the counting of the Medford ballots had many "irregularities and inconsistencies."

"When we have a recount in a community the size of Medford, normally the change is only about 20 or 30 votes. In this particular recount, Albano gained 600 and Piro-400," he said.

Dropkin said he is concerned that some Piro votes may not have been counted and that ballots for Albano may have been counted twice as some voters placed stickers both on the ballots and the envelopes in which the ballots are placed.

He cited the questions surrounding 691 empty envelopes from Medford Ward 3, Precinct I as an example. "It creates an aura of suspicion so that we just don't know what went on."

He said, "I just don't think you can rely on this election as an expression of the will of the people of Medford."

Dropkin added, "The recount is laying the foundation for a court decision for a new election."

But David E. Sullivan, legal counsel to the Massachussetts Secretary of State Election Division said the Medford results are likely to stand. "No evidence has been brought to the Secretary of State's attention that would indicate any irregularities that would affect the outcome of the election," he said.

"He [Piro] wants to drag it out as long as he can," said Albano. "He has a right to take it to court but I'm satisfied that the results are accurate."

Albano added that he sees a new election as "not a possibility at all...If that happens, I've lost my faith in the whole system."

If the case goes to court, aside from the issues of double or miscounting, the Piro campaign will address the question of the legality of the stickers themselves, according to Michael J. Stabile, attorney for Piro.

Stabile said the Piro campaign will contest Albano's use of his nickname "Sal" on the sticker, adding that state election laws may require that write-in stickers use only a candidate's legal name.

Albano said the sticker was approved prior to the election by the Secretary of State's Office. He commented, "He knows there's nothing wrong with the sticker. He's just reaching for something to build his case on."

Sullivan said, "We don't officially approve stickers...but we certainly advised him [Albano] that the sticker would be proper."