State representative candidate Jamie Walsh, at right, watches Luzerne County Election Board members make decisions on mail ballots during Wednesday’s adjudication.
Jennifer Learn-Andes | Times Leader
A three-judge Luzerne County Court of Common Pleas panel has denied Republican state representative candidate Jamie Walsh’s appeal asking judges to throw out six mail ballots in his race because the voters did not fill in the final two digits of the year on the outer envelope, according to a Wednesday court ruling.
Court of Common Pleas Judges Lesa S. Gelb, Tina Polachek Gartley and Richard M. Hughes III served on the panel.
As it stands, three votes separate the party’s two contenders seeking the Republican nomination in the 117th District — Walsh and incumbent Mike Cabell — with Walsh in the lead.
The six ballots Walsh wants uncounted already were incorporated in the tally.
The ruling said the county election board properly accepted the 111 mail ballots in the batch missing only the last two digits of the year.
“To do otherwise would disenfranchise these Pennsylvania voters,” the ruling said.
These voters filled in the correct month and day on the outer envelope but failed to add “24” in the blank boxes at the end of the year.
As part of a state redesign of mail ballots that took effect in all counties for this primary, the “20” start of the year was pre-filled, but voters were supposed to write in “24” at the end.
A federal appeals court panel recently upheld enforcement of the technical date mandate.
However, the state issued guidance indicating ballots should not be disqualified due to the two year boxes left blank.
Walsh, who was present at the election board’s continuing post-election adjudication of ballots Wednesday, said he is pleased the judicial plan chose to issue a ruling amid arguments from the county that the appeal was not filed in a timely manner.
“I’m glad they at least made a ruling. I’m not happy with the result, but I’m happy they made the ruling,” Walsh said.
Walsh said he must discuss his options with his legal counsel.
A court hearing is scheduled at 2 p.m. Thursday on Cabell’s appeal seeking the tallying of one provisional ballot, the rejection of another and credit for at least five write-in votes.
Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.
