Dennison Township’s two seated supervisors have filled a third seat vacated when the Nov. 7 general election winner was blocked from serving as part of Luzerne County’s reactivated campaign finance enforcement.
Township Supervisors Michael Mack and Chair Sheila Weaver voted Wednesday to appoint Christopher Bender to the vacant seat, according to the township.
As specified by law, Bender will serve until township voters can fill the seat again in the next municipal election year, or 2025, the township said.
Lifelong township resident James Burke had been declared the winner of a six-year supervisor seat in November, but he said the county election bureau subsequently informed him it would not provide an election certificate required to get sworn into office unless he paid $1,000 — $250 for each of four 2023 finance reports not filed.
He would have been exempt from filing reports because he said he did not receive any campaign contributions or spend a penny on his campaign.
However, the election bureau said Burke did not file a waiver informing the bureau he would not have to submit reports because his expenses and receipts would be under the $250 threshold.
Burke said he had no idea a waiver was necessary because the bureau indicated he had submitted all required documents when he filed paperwork to appear on the May 2023 primary election ballot.
The bureau said it has records of at least two letters sent by regular mail last year informing Burke he had not filed campaign finance reports. Burke said he never received those letters or any communication that something was amiss until a registered letter arrived after he had visited the bureau to obtain his certificate following the election.
He said he could not afford a $1,000 fine because he is retired and on a tight income. And even if he had the money, Burke said he would not pay a fine because he equates it to admitting guilt for wrongdoing when he does not believe he was at fault.
County officials had announced in June they would be identifying and fining candidates and committees that did not file campaign finance reports required by law. Officials said the mandate had not been comprehensively enforced over the last few years.
Burke had received 99 votes in the November general.
Approximately 100 write-in votes were cast under different spelling variations of Christopher Bender. The election bureau said these write-in votes could not be collectively tallied for Bender because no court petition was filed seeking credit for all votes under different spellings — a process called cumulation.
The election board had decided in February 2022 to leave it up to the court to rule on cumulation requests. Election board members have discretion to make decisions on cumulation, but board members said they were put in a difficult situation interpreting whether variations should be accepted or rejected.