‘I won the election, and I can’t even be a supervisor’

Lifelong Dennison Township resident James Burke said he is crushed he won’t be permitted to fill a six-year township supervisor seat he won in the Nov. 7 general election.

Burke is a casualty of Luzerne County’s reactivated enforcement of campaign finance reporting requirements in 2023.

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 fill out a waiver informing the bureau he would not have to file any campaign finance 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.

“When I handed in my paperwork to run, they said everything was fine. I never heard otherwise, and I thought everything was fine,” Burke said.

But 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 he visited the bureau after the Nov. 7 general election to obtain an election certificate required to get sworn into office.

He was informed at that time he would not receive his certificate unless he paid $1,000 — $250 for each of four 2023 finance reports not filed — and had his reports in order.

After that visit, he received a certified mail letter from the bureau informing him of those requirements.

Retired from a 30-year career as a shipping clerk, Burke said he cannot afford a $1,000 fine because he is on a tight income living on Social Security. 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.

While the burden of filing campaign finance paperwork or a waiver ultimately fell on Burke, he said he would have appreciated a heads-up on the waiver requirement when he visited the office to get on the ballot or a subsequent timely certified letter or phone call before the fines racked up to ensure he was aware of what was happening and the potential ramification of not being seated if elected.

He said regular mail in his community is sometimes delivered to the incorrect recipient.

“I won the election, and I can’t even be a supervisor. That doesn’t make sense,” Burke said.

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.

At the time of the announcement, officials acknowledged many candidates had not filed reports because they were unaware of the requirements, even though that information is furnished to them. Some candidates wrongly believe they are exempt from filing anything because they did not spend money, but state law requires them to file regardless unless they file for a waiver, officials had said.

The bureau announced in November it would not be issuing election certificates if candidates didn’t have their campaign finance filings in order and pay their outstanding fines. The bureau said Burke is the only candidate who did not receive an election certificate to be sworn in.

Burke said he is plagued with a sense he is letting down the 99 voters who selected him. A Republican, he was the lone candidate to appear on the November ballot.

“I know I’d be a good supervisor. It’s terrible I have to give it up, but there’s nothing more I can do,” Burke said.

Attorney Kristyn Giarratano Jeckell, the township solicitor, said township officials are aware of the situation.

“At this point the township is weighing options and will be responding accordingly,” she said.