Luzerne County’s Election Board voted Wednesday to approve wording explaining a home rule study commission question that will appear on the April 2024 primary election ballot.
A county council majority in October approved a referendum that will simultaneously ask county voters if they want to convene a study commission and to elect seven citizens to serve on the panel. The selected residents would only serve if the referendum passes.
After examining the county’s current home rule structure, the commission would be free to recommend alterations to the existing charter, an entirely new charter or a return to the prior three-commissioner/row officer structure that was replaced by home rule’s 2012 implementation.
Voters would ultimately have to approve a commission recommendation for it to take effect.
State law only allows counties to pick one of three questions to appear on the ballot, and the one selected is the only option that does not allow the commission to consider an “optional plan.” Optional plans are pre-drafted structures more appropriate for a small municipality that do not address county needs, officials have said.
The question that will appear on the ballot: “Shall a Government Study Commission of seven members be elected to study the existing form of government of the County of Luzerne, to consider the advisability of the adoption of a home rule charter, and if advisable, to draft and recommend a home rule charter?”
However, the county law office made it clear the commission has the ability to recommend a return to the prior government system in addition to revising the current charter or proposing a new charter.
The election board must approve a simple and understandable accompanying explanation that provides further context for voters.
But the proposed explanation that appeared on Wednesday’s agenda was “misleading” and did not clearly communicate the powers of the study commission to voters, Action Together NEPA’s Executive Director Alisha Hoffman-Mirilovich said during public comment.
County Controller Walter Griffith said he has similar concerns, saying the wording is “kind of convoluted.”
The original explanation wording: “If this question is approved by a majority of those voting, a Government Study Commission of seven members will be elected to study the existing form of government of the County of Luzerne, to consider the advisability of the adoption of a home rule charter, and if advisable, to draft and recommend a home rule charter. The government study commission of seven members shall be elected by qualified voters at the same election.”
Election Board member Audrey Serniak proposed added language making it clear the commission would consider the advisability of eliminating the charter, revising the charter or changing to a whole new form of government.
The board unanimously approved the recommended changes, while agreeing it would seek further legal review to ensure there are no concerns with the added language.
Board Chairwoman Denise Williams said she did not want to hold off on a decision about the explanation due to upcoming deadlines. Citizens interested in running for the study commission can start seeking signatures on their nomination petition on Jan. 23.
In other business, election board members offered words of praise for board Vice Chairman James Mangan and board member Audrey Serniak because their terms expire the end of this month. Mangan is not seeking reappointment. Serniak has applied for reappointment, but council won’t be making a decision on filling the seats until 2024.