Luzerne County Courthouse
                                 File photo

Court challenges force Luzerne County election certification delay

Luzerne County must delay Monday’s certification of April 23 primary election results due to ongoing court challenges, county Manager Romilda Crocamo announced today.

The pending challenges are in the race for the Republican nomination for state representative in the 117th Legislative District. Three votes currently separate candidates Jamie Walsh and incumbent Michael Cabell, with Walsh in the lead.

Certification is the official confirmation and declaration of the election results, where the county’s five-citizen Election Board affirms the accuracy and legitimacy of the votes cast, Crocamo said.

“It is an essential step in ensuring the integrity of the electoral process and upholding the democratic principles of our society,” she said.

Because some provisional ballots are still subject to legal challenge, the certification will be postponed until the judicial proceedings related to the provisional ballots are concluded, she said.

“We understand the importance of timely election certification and are working diligently to resolve this matter as quickly as possible,” Crocamo said. “We assure the public that the delay in certification is not indicative of any irregularities or misconduct in the electoral process.”

The county’s “primary objective remains to ensure a fair and transparent outcome for all parties involved,” she said.

Crocamo promised regular public updates on the progress of the judicial proceedings and the anticipated timeline for the certification of the election results and encouraged residents to “stay informed through official channels and announcements from the county.”

“We appreciate the patience and understanding of the citizens during this time. By allowing the necessary procedures to take place, we strive to uphold the principles of justice and uphold the will of the voters,” Crocamo said.

A court hearing is scheduled at 2 p.m. today in the county Court of Common Pleas on Cabell’s appeal seeking the tallying of one provisional ballot, the rejection of another and credit for at least five write-in votes.

The Lake Township provisional ballot he is seeking to throw out is in a batch of 13 provisional ballots in the 117th District that have not yet been opened for tallying. Officials said they must wait until challenges are adjudicated before processing the group of 13.

Cabell argues the Lake Township ballot from Timothy J. Wagner should not be counted because it is missing one of two voter signatures on the outer provisional envelope.

There are conflicting court opinions on whether such ballots can be accepted. The election board unanimously voted to dismiss Cabell’s challenge, which prompted him to appeal to county court.

Even if the court rules today, the ballots would have to be reviewed by the board and then tallied before the board can sign all paperwork, Crocamo said. The board must then wait five days and certify on the sixth day, she said.

Paper provisional ballots are submitted at polling places on election day, and the election board must review them last to ensure voters are eligible and that they did not already cast a mail ballot.

The certification is of interest in the county’s new, seven-citizen county government study commission. Under state law, the commission must hold its first organizational public meeting as soon as possible and no later than 15 days after the election certification.

County voters decided in the primary election to convene a study commission and selected the seven members.