Expanded explanation of Luzerne County home rule study question proposed

Luzerne County’s Election Board is set to vote Wednesday on a revised “plain English” statement intended to help April 23 primary election voters understand a referendum asking if they want to convene a government study commission, the agenda said.

This statement is supposed to “indicate the purpose, limitations and effects of the ballot question to the people,” according to the state’s home rule handbook.

The county law office’s original suggested 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.”

Last month, the election board voted to insert this additional sentence elaborating on the commission’s potential options: “The commission could recommend a new home rule charter, eliminating the current home rule charter or amending the current home rule charter.”

Election Board Chairwoman Denise Williams said she reexamined this added wording and was concerned it did not make it clear to voters the study commission also could choose to take no action. It also did not note explain a commission recommendation to eliminate a home rule charter entirely would equate to reverting back to the prior state code system in which three elected commissioners and multiple row officers handled decisions that now rest with an 11-member council and appointed manager.

Williams said she informed the county law office of plans to revisit the statement and was pleased the law office came back with an expanded and more detailed explanation.

“It is much more comprehensive and informative,” Williams said. “I appreciate the cooperative effort to explain this referendum much better for the public.”

In addition to the original law office wording, it proposes adding these sections:

• The Commission could recommend that the form of government shall remain unchanged, recommend a new home rule charter, propose changes to the current home rule charter, recommend Luzerne County be governed by the Third Class County Code which is the form of government Luzerne County had prior to adopting the current Home Rule Charter, or recommend such other action as it deems advisable consistent with its functions as set forth by law.

• The Government Study Commission issues a report with a proposed recommendation for a form of government to govern Luzerne County and does not make the ultimate decision itself. At the next election following the issuance of the Government Study Commission’s report with recommendations, the recommendation is placed on the ballot for the voters of Luzerne County to accept or reject the Government Study Commission’s recommendations. If a majority of voters vote yes, the Government Study Commission’s proposed government will go into effect at a time specified by law. If a majority of voters vote no, the existing Home Rule Charter remains in effect.

Statement purpose

Three copies of the statement must be posted at each polling place, and the statement also must be included in the notice of the election, the state handbook says.

A county council majority voted in October to approve the question, which 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.

While Pennsylvania has closed primaries, county voters of any affiliation or no affiliation will have an opportunity to vote on the study commission.

The ballot must instruct voters to select members of the study commission, regardless of how they vote on the question of activating a commission, the handbook says. It notes the Commonwealth Court has deemed the ballot instructions mandatory procedure, and failure to comply could invalidate the election of a study commission.

Wednesday’s board meeting starts at 6 p.m. in the county courthouse on River Street in Wilkes-Barre, with instructions to attend remotely posted under council’s authorities/boards/commissions online meeting section at luzernecounty.org.

Other business

The board also is seeking an election bureau update on the purchase of new electronic poll books and a request for proposals from mail ballot printers.

Regarding electronic poll books, the bureau earmarked $435,000 in state Election Integrity Grant funding to purchase new ones and fully implement them for the 2024 primary election. The county’s existing system purchased in 2018 cannot be used again due to battery problems and other issues that surfaced in the May 2023 primary election, officials have said.

Both the county election board and a panel set up by the county administration had recommended a system from Knowink.

County Manager Romilda Crocamo said Monday said she has completed due diligence and is comfortable with the Knowink system.

Used for voter sign-in at polling places, the electronic poll books also instantly allow poll workers to search data for voters in the wrong polling place and streamline the process of crediting voters for casting ballots in the state’s voter database.

On the subject of ballot printing, the county extended the proposal deadline one week, or until Jan. 19, for outside companies interested in printing ballots and preparing and delivering mail ballot packets to voters. County Acting Administrative Services Division Head Michel Sparich said the deadline was extended to allow more time for interested responders to submit proposals.

The chosen company must be equipped to comply with the state’s redesign of mail ballot materials to reduce voter errors and confusion, starting with the 2024 primary election. These changes include more understandable instructions, highlighting of fields the voters must complete on the outer envelope and coloring to make it easier for voters to distinguish the outer return envelope and inner secrecy envelope that must contain the ballot.