As Jamie Walsh, a candidate for state representative, waits for a court decision on six mail ballots he wants to reject, his Republican opponent, Rep. Michael Cabell, has filed a court appeal to have one provisional ballot counted, another rejected, and to receive credit for at least five write-in votes, according to court documents.
The ongoing effort to count each vote comes from the fact that the two candidates for the 117th District Republican nomination are only four votes apart — Walsh with 4,728 and Cabell with 4,724.
Cabell's new challenge focuses on two provisional ballots — one from Lake Township, which had been accepted by the county's election board, and the other from Butler Township, which the board had rejected, according to Cabell’s filing in the county Court of Common Pleas.
Through his Philadelphia lawyer, Shohin H. Vance, Cabell argues that the Lake Township ballot from Timothy J. Wagner should not be accepted because it is missing a voter affirmation signature on the outer provisional envelope.
Voters are instructed to sign in two places on the outer envelope.
During a challenge hearing, Vance stated that this signature is necessary, citing an unpublished Commonwealth Court opinion.
County Assistant Solicitor Gene Molino, who represents the board along with Assistant Solicitor Paula Radick, noted that there is also a Delaware County Court of Common Pleas opinion that disagrees with the opinion cited by Vance, favoring the acceptance of such ballots.
Election Board member Rick Morelli pointed out that the Lake Township voter signed the second outer envelope box.
The board unanimously voted to reject Cabell's challenge. Appeals of board decisions must be made to the county court, which is what took place on Tuesday.
In the second appeal, Cabell argues that Shane O’Donnell’s ballot should be counted in Butler Township District 3.
The board had rejected this ballot during adjudication as part of a batch from people not registered to vote in the county.
Vance presented a statement from O’Donnell stating he did not officially move to Schuylkill County until March 29. He argued that O’Donnell was still allowed to vote in Butler Township because of a 30-day window before the primary.
Walsh’s lawyer, Gregory H. Teufel, objected, saying that O’Donnell was not present to be questioned and noting that O’Donnell “is the cousin of the candidate who will benefit from the vote.”
Election Board Chairwoman Denise Williams stated that O’Donnell's voter registration changed to Schuylkill County in December, and he would have had the opportunity to change it back to Luzerne County before the election. The board is required to base its decision on the official record, she said.
Election Board Vice Chairwoman Alyssa Fusaro said that “bottom line is he doesn’t live in Luzerne County now.”
The challenge regarding O’Donnell's ballot was dismissed by all four election board members present, with Morelli not present at the time of the vote. Albert Schlosser and Daniel Schramm, who also serve on the board, supported the decision to not count O’Donnell's provisional ballot.
The election board has always believed that candidates do not get write-in votes if their name is already on the ballot.
The reasoning is that voters can choose a candidate listed on the ballot. or They can instead write the name of another person.
Please return later for the latest news on the new filing.
