Luzerne County Election Board must review proposed ballot question

By law, Luzerne County’s five-citizen Election Board will now have to review the wording of a ballot referendum that asks county voters if they want to alter the board itself, officials say.

A council majority had voted June 13 to place the question about reconstituting the election board on the November general election ballot.

Election Board Chairwoman Denise Williams said Wednesday the board is required to review ballot questions for compliance with the law.

For example, the board examined two municipal-level ballot questions in Wright Township and Pittston city for the May 2022 primary election.

The election board determined Pittston city’s proposed home rule charter amendments had to be split into four separate questions instead of the one initially proposed, Williams said. Election board members worked with the city solicitor to craft the wording.

According to the state’s referendum handbook, county election boards are responsible for determining the wording of all questions within their jurisdiction, except for statewide questions.

Ballot questions cannot exceed 75 words and must be framed in a way that voters can respond with a yes-or-no selection, it said.

Election boards also must prepare a “plain English” explanation of the ballot question indicating the “purpose, limitations and effects of the ballot question to the people,” it said. This statement must be included in election notices and posted at each polling place.

“Referenda can be invalidated where the form of the ballot is lacking in conformity with the law and so confusing voters cannot intelligently express their intentions,” the handbook said.

The question in council’s ordinance, stated in bold, asks voters if they want council to appoint all five election board members, but several other changes with lengthier descriptions follow that are not within the bolded question or stated in question form.

Based on her own initial reading of the proposed ballot change council approved June 13, Williams personally believes it will require at least three questions.

County Controller Walter Griffith also has publicly informed council the change will require multiple questions and cannot be lumped into one because the alterations impact multiple sections of the county’s home rule charter.

The ballot question ordinance approved by council said the council clerk must file a certified copy of the document with the election board by Aug. 8.

Williams said she inquired but has not yet received any document, so it’s unclear if the board will be reviewing the wording at its meeting Wednesday.

The board’s next meeting is scheduled for Aug. 16.

For background, council currently appoints two Republicans and two Democrats to the board, and those four then choose a fifth member of any or no affiliation to serve for four years and act as board chair. With the change, council would appoint the fifth member of any affiliation every two years. The five election board members would reorganize and choose a chair every two years.

The current election board would be vacated if the ballot question passes in the Nov. 7 general election because the reconstituted structure would take effect in January. Council supporters of the ordinance have said current members would be welcome to reapply along with other interested citizens.