The attorney representing Luzerne County in litigation filed by Republican Jamie Walsh over the pace of mail ballot and voter registration processing had strong words about the filing Tuesday evening.
“This might be the most frivolous lawsuit I’ve seen in my entire life,” said Attorney Mark E. Cedrone, of Saxton & Stump in Philadelphia, the county’s outside legal counsel.
Walsh filed the civil suit against the county and county Election Board on Friday, Oct. 25, the same day the county finished processing all remaining Nov. 5 general election voter registration applications. The county election bureau processed all outstanding mail ballot applications two days later, on Oct. 27, and continued accepting new mail ballot requests through Tuesday’s deadline.
The litigation seeks an order requiring the county to process remaining voter registrations and mail ballot applications.
A hearing on the filing is scheduled at 11 a.m. Wednesday before a three-judge county Court of Common Pleas panel.
Cedrone said the filing “makes allegations without any factual basis for it.”
“I think it’s ridiculous that somebody could make an allegation on information and belief that they have no basis to make and is clearly wrong in light of the affidavit from county Election Director Emily Cook, who handles all of these matters and has said it’s all been taken care of,” Cedrone said.
The attorney said he believes the filing is “sanctionable.”
“A frivolous lawsuit like this undermines the confidence in the county voting process, and we really don’t need any more fuel on that fire given the political rhetoric of the day,” said Cedrone, who recently had been appointed by the county law office to represent county Manager Romilda Crocamo in now-closed litigation over mail ballot drop boxes.
Milford Attorney Charles Kannebecker, who filed the suit on Walsh’s behalf, could not immediately be reached for comment Tuesday regarding the claim the filing was frivolous.
County Chief Solicitor Harry W. Skene also had weighed in on Walsh’s filing, telling council by email Friday he does “not feel the claim is actionable based on the progress the bureau has made” in processing.
Attorney Joseph M. Cosgrove, of Selingo Guagliardo in Kingston, was retained to represent the county election board — a role he has filled in several other prior court actions.
Walsh, the unopposed candidate for state representative in the 117th Legislative District, has referred comment to Kannebecker but said when the suit was filed that “the voters of Luzerne County have been disenfranchised for far too long and that “this election is paramount to have correct.”
The filing said “upon information and belief,” the defendants are “failing and/or refusing” to timely process the registrations and mail ballot requests.
It asserts the defendants are “affecting the right to vote and placed that right to vote in jeopardy because they failed to perform their basic duties under the Pennsylvania Election Code.”
The failure to send out mail ballots in a “proper and timely manner” will prevent the voters from returning them before the deadline, the filing maintains.
The filing said the defendants have a “pattern and practice of significant and serious failures during elections” in the county.
Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.