Luzerne County Election Board unanimously approves partial election certification

Luzerne County’s five-citizen Election Board unanimously certified the April 23 primary election results Thursday, excluding the Republican race for state representative in the 117th House District.

Partial certification was necessary so the approval of other vote tallies was not held up due to ballots that are still subject to potential court appeal in that state representative race.

Three votes unofficially separate Republican state representative contenders Jamie Walsh and incumbent Michael Cabell, with Walsh in the lead.

In addition to excluding the 117th contest tallies, the certification does not include a batch of 14 Republican provisional ballots that are still subject to litigation, county Assistant Solicitor Gene Molino said during Thursday’s meeting at the county courthouse on River Street in Wilkes-Barre.

The election board had accepted 13 of these provisional ballots and rejected another in Butler Township because the voter was registered in Schuylkill County.

Cabell lost his county Court of Common Pleas appeal Wednesday asking judges to order the board to accept the Schuylkill County one and reject a Lake Township ballot that was in the batch of 13.

None of these provisional ballots were unsealed and tallied due to the pending appeal.

Cabell has a 10-day statutory window to appeal the county court ruling to Commonwealth Court, which started Thursday, Molino said.

Based on a review of the law, Molino said Thursday night the election board won’t open and process the provisional ballots until the appeal period expires or a Commonwealth Court appeal filed by Cabell is fully adjudicated with a court ruling.

Cabell campaign media consultant Jason Holly said Thursday no decision on an appeal has been made, and all options are under consideration.

If the decision is to appeal, Holly said Cabell will act “sooner rather than later.”

“We’re not trying to draw this thing out because Mr. Cabell wants a resolution for voters. Everyone deserves to know who is going to be their representative,” Holly said.

Also subject to potential appeal was the county court’s denial of Cabell’s filing seeking the tallying of and credit for write-in votes, if any, that were cast in his race even though his name already appeared on the ballot.

During the certification, Molino noted the eventual processing of segregated provisional ballots will change the vote tally — but not the current winners — in other Republican contests that appeared on the ballot in the 117th District.

For example, Republican presidential candidate Donald J. Trump likely will pick up a few more votes, he said.

Board Vice Chairwoman Alyssa Fusaro said she reviewed tallies in Republican committee races in the 117th District and verified no winners will change as a result of the outstanding provisional ballots.

Molino also stated partial certifications have occurred before in other Pennsylvania counties and that the Department of State is aware of the county’s action and agreed to accept the partial certification.

Bureau praise

Election Board Chairwoman Denise Williams thanked Acting Election Director Emily Cook and Acting Deputy Election Director Steve Hahn for their leadership and work, saying this was the best pre- and post-election process she has experienced since joining the board in April 2021.

“Your knowledge of all the election processes and all the time and effort you put in was very obvious and very commendable,” Williams said.

The bureau also addressed board concerns and questions in a professional manner, she said.

She also recognized county Manager Romilda Crocamo’s support, guidance and oversight, saying it was a “very big part of this success.” Crocamo “prioritizes evaluation and a culture of continued improvement,” Williams said.

Williams added she is grateful as a citizen and voter.

“The election bureau is on very good and stable ground. It is in great hands with the leadership now in place, and the team now has established policies, procedures and standards of practice in place,” Williams said. “Keep up the good work.”

Board member Rick Morelli also credited the board and bureau.

“I think anybody who is skeptical about the election process here in Luzerne County shouldn’t be,” Morelli said.

Fusaro said she is cautiously optimistic.

“One good election does not spell out infallibility, and we need to keep that in mind,” Fusaro said. “I am really excited that we had a good election, but there’s still work to be done.”