A scrolling red banner on Luzerne County’s website announces: “James Walsh v. Luzerne County cost to Luzerne County taxpayers to date $104,802.”
County Manager Romilda Crocamo said Tuesday she must speak out because the litigation, which was dismissed by a federal judge Monday, was costly and had forced county Election Director Emily Cook to spend time leading up to the November 2024 general election preparing for court and providing information to attorneys.
“This case diverted her attention at the most critical time of the election. That to me is sinful. That’s why I’m not going to back down,” Crocamo said.
Walsh, known commonly as Jamie, filed the suit against the county in October to challenge the county’s processing of 2024 general election voter registration and mail ballot applications.
U.S. District Court Chief Judge Matthew W. Brann in Pennsylvania’s Middle District said in his opinion that Walsh lacked standing because county “election practices could not possibly have caused him any injury as an unopposed and successful candidate for office.”
Walsh, a Republican, won the 117th Legislative District seat in November and was unopposed.
Crocamo released this statement on the dismissal:
”I would like to commend Chief Judge Brann for his thoughtful and thorough opinion regarding Rep. Walsh’s lawsuit against the county, bureau, and board.
This decision not only underscores the importance of judicial integrity but also highlights the frivolous nature of the claims made in the lawsuit, which have ultimately burdened the taxpayers of Luzerne County with unnecessary expenses.
It is imperative that public officials act with honor and accountability.
Even with the opportunity to amend his complaint, Rep. Walsh, in numerous filings, incorrectly stated the district he represents.
Therefore, Rep. Walsh should not only offer a sincere apology to the taxpayers but also take responsibility by repaying the county for the costs incurred in defending against this baseless lawsuit. Such actions would reflect a commitment to serving the community with integrity and respect.”
Crocamo said the $104,802 litigation cost had to be paid through the county’s general fund operating budget because the litigation was not covered by insurance.
Through legal counsel, the county and election bureau had previously put Walsh and his attorney on notice that they intend to seek sanctions for filing a frivolous suit. No final decision has been made.
In response to Crocamo’s statement, Walsh argued Tuesday that the county increased the cost and duration of the litigation by seeking a venue change from the county Court of Common Pleas to federal court.
“I wanted it to be over and hoped to get a ruling prior to the election in county court,” Walsh said.
County legal counsel said the change was sought due to the plaintiff’s assertion of Constitutional violations.
Walsh said the venue change resulted in the scheduling of an afternoon federal court hearing in Williamsport on Nov. 4, the day before the election, on the preliminary injunction portion of his litigation.
As a result, Walsh said he withdrew the injunction request because he did not want to tie up Cook for a full day of travel and court proceedings, which he said shows he did not want to impede election preparations.
“They are the responsible party referring this to a federal judge and making it cost more,” Walsh said of the county.
Walsh reiterated he was unopposed on the general election ballot but had faced an active general election write-in campaign against him by supporters of incumbent Mike Cabell.
Walsh had a four-vote lead over Cabell to secure the Republican primary election nomination, and there were no Democratic contenders.
Walsh had also described the court system as “broken” and said, in his estimation, that thousands of voters did not receive mail ballots in time to return them by regular mail before the due date.
Cabell put out a “statement on Walsh’s frivolous lawsuit” Tuesday, saying Walsh should not be using a “false claim” of a write-in campaign “as justification for continuing his frivolous lawsuit against Luzerne County.”
His statement:
“The facts are clear: I personally called Jamie Walsh and informed him that I would not be running a write-in campaign. I publicly announced my decision on Facebook and honored my word throughout the election. There was no genuine threat of a write-in campaign at any time — I moved on and kept my commitment. Despite these facts, Walsh chose to continue wasting taxpayer dollars on litigation that lacked any legitimate basis. I commend Luzerne County for standing up for the county and defending the taxpayers against this unnecessary and costly lawsuit. Jamie Walsh should do the right thing and repay Luzerne County taxpayers for the legal costs he caused them to bear by pursuing this baseless case.”
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