Federal judge dismisses election suit against Luzerne County

A federal judge has dismissed litigation Jamie Walsh filed against the county in October that challenged Luzerne County’s processing of 2024 general election voter registration and mail ballot applications.

U.S. District Court Chief Judge Matthew W. Brann in Pennsylvania’s Middle District said in his opinion that Walsh lacked standing.

Walsh, a Republican, won the 117th Legislative District seat in November and was unopposed, Brann wrote.

“So if there is any truth to his claims that Luzerne County officials were too slow to process such registrations and applications, these election practices could not possibly have caused him any injury as an unopposed and successful candidate for office,” the opinion said.

Brann’s decision to dismiss the case was granted with prejudice, which means Walsh cannot refile the same claim again in that court.

After spelling out legal analysis in the 23-page opinion, Brann’s conclusion said standing must be carefully weighed, in part because standing requirements “guard against weaponizing the judicial process in ways that would disrupt our constitutional order.”

Brann’s opinion cited other cases in which parties did not have standing, including a candidate.

”When truly aggrieved parties seek relief in the elections context, the judicial role of resolving cases and controversies is vital to our system of checks and balances,” he wrote.

The judge continued: “Allowing parties who have suffered no injury to challenge electoral practices opens the floodgates to bad actors, who may seek to wield the judicial process for other purposes. Accordingly, standing requirements are not mere technicalities, or methods of evading review. They are critical safeguards to the integrity of our constitutional order and the electoral process itself, and ensure that the scope of judicial intervention in that process is properly constrained.”

In response, Walsh said Monday evening he believes “this could be the first time ever that someone on a ballot in an election did not have standing.”

While he was unopposed on the ballot, Walsh said there was an active general election write-in campaign against him by supporters of incumbent Mike Cabell. Walsh had a four-vote lead over Cabell to secure the Republican primary election nomination, and there were no Democratic contenders.

“Our court system is broken. It doesn’t surprise me,” Walsh said of the ruling.

Walsh also noted a Luzerne County Court of Common Pleas judge panel was “visibly irritated” that the county decided during an Oct. 30 county court hearing that it would be seeking a venue change to federal court. County legal counsel said the change was sought due to the plaintiff’s assertion of Constitutional violations.

Walsh said he had presented a list of 20 voters that had not received their mail ballots at the Oct. 30 county court hearing, and “miraculously every one of them received their ballots two days later.” “In my estimation, thousands did not receive mail ballots in time to return them by regular mail before the due date,” he said.

Attorney Mark E. Cedrone, who represented the county and election bureau, had issued a statement when the suit was filed describing it as “patently frivolous” and lacking supportive evidence.

“I’m happy that Chief Judge Brann saw this as the nonsense lawsuit that it was. The county is still considering whether to seek sanctions,” Cedrone, of Saxton & Stump in Philadelphia, said Monday.

Through legal counsel, the county and election bureau had previously put Walsh and his attorney on notice that they intend to seek sanctions for filing a frivolous suit. No final decision has been made.