A Luzerne County Council majority appears poised to give up the idea of altering the home rule charter through ballot referendums and instead proceed with a 2024 primary election request asking voters to convene a commission to examine the entire county government structure.
The first part of this movement is set to occur at Tuesday’s council meeting, with a vote to introduce an ordinance rescinding a charter amendment referendum that would have reconstituted the county election board, council Vice Chairman John Lombardo said Wednesday.
Tuesday’s agenda also will include a vote to end litigation council had authorized attempting to get the election board reconstitution referendum on the ballot, he said.
At a subsequent meeting, likely in October, council is expected to vote on introducing an ordinance to place a government study commission question on the 2024 primary ballot, he said.
Lombardo said he believes a council majority is now supportive of this path because council members “hit roadblocks” in their attempts to make meaningful charter alterations when they were informed such changes are not allowable, cannot be made without formation of a study commission or would require court action.
“This is our only option — to give citizens a chance to look at the charter, identify problems and take it into their own hands to make it more effective,” Lombardo said of forming a study commission.
Tuesday’s action
Lombardo supports stopping the litigation related to the election board reconstitution referendum — and the referendum itself — because it won’t appear on the upcoming Nov. 7 general election ballot.
Two county-filed legal actions are pending in the county Court of Common Pleas — a mandamus filing asking the court to order the board to frame the referendum wording and certify it by Sept. 11 and an alternate request for the court to take the matter out of the election board’s hands and convene a panel of judges or electors to properly frame the amendment question or questions.
Board members argued the court could not act on either option unless it first rules on the board’s position that it has legal authority to determine if county council’s referendum is “in proper order,” which includes determining its legality.
The five-citizen election board unanimously voted Sept. 7 against providing the required certification. Ballot additions are no longer possible without disrupting election preparations because the election bureau finalized the ballot Sept. 11 and gave the go-ahead to start programming the information for ballot marking devices.
Council could continue in court attempting to get the referendum on the 2024 primary ballot, but Lombardo said he does not believe a council majority wants to continue investing time and money on a legal battle.
Continued disagreements over the structure and powers of the election board could be addressed through a government study commission, he said.
“There’s no point in fighting it out in court,” he said.
Because the election board reconstitution referendum was passed through an ordinance, the same process must be followed to rescind it — introduction at one meeting and a public hearing and final vote at a subsequent meeting.
Tuesday’s meeting starts at 6 p.m. at the county courthouse on River Street in Wilkes-Barre. Instructions for remote attendance will be posted under council’s online meeting link at luzernecounty.org.
Study commission
If council proceeds with a government study ballot question at a future meeting as expected, primary election voters would simultaneously decide whether to form a commission and choose the citizens to serve on the commission if it passes.
A council ordinance to place a home rule study commission referendum on the ballot would have to be filed with the election board at least 13 Tuesdays before the primary election.
That 13-week deadline would be Dec. 19 if the 2024 primary is changed to March 19.
Pennsylvania’s state Senate approved a bill Wednesday that would move up the primary election from April 23 to March 19, but the bill still requires passage in the state House of Representatives. The change was aimed at avoiding a conflict with the Jewish holiday of Passover and giving voters more of a say in deciding presidential nominees, according to the Associated Press.
Lombardo said he is not concerned about meeting an earlier 13-week deadline because council will be holding more frequent meetings to review the county’s proposed 2024 budget.
This 13-week date also would be relevant for citizens interested in serving on the study commission.
Candidates must circulate nomination papers in the window of 13 weeks to 10 weeks before the primary, which would be between Dec. 19 and Jan. 9 if the primary is changed to March 19.
Lombardo said he will push for a question that would require the study commission to keep a home rule charter, as opposed to options for the committee to recommend the structure in place before the January 2012 implementation of home rule or an “optional plan” template designed by the state.
“Overall, home rule has had major benefits for the county, and I don’t want to lose the progress we’ve made,” Lombardo said.
Councilman Tim McGinley, the only council member serving since the implementation of home rule, said Wednesday he would have to see how the study commission question is framed before deciding if he will support it.
“I do not want to go back to the three-commissioner form where they had both executive and legislative powers and the ability to decide everything with only two majority votes,” McGinley said.