Study commission majority approves Luzerne County Election Board recommendation

A Luzerne County Government Study Commission majority approved a recommendation Wednesday that would give county council authority to determine if the five-person county election board should remain composed of five citizen volunteers.

The commission is drafting a revised charter that will come before voters for possible adoption in November.

Its Wednesday recommendation would keep the board at five members, require at least two Democrats and two Republicans and allow the four council-appointed members to then choose someone to serve in the fifth seat — all provisions in the charter in effect since 2012.

However, it would permit council to eliminate prohibitions barring county employees and elected officials from serving in these board seats.

To make such a change in composition, council would have to amend its administrative code. Majority-plus-one council approval would be mandated for code changes related to the election board, which would be five votes under the commission’s recommendation to reduce council from 11 to seven members.

Supporters of the proposal reason that council must have flexibility to change from an all-volunteer board if the board’s powers increase.

Earlier this month, commission solicitor Joseph J. Khan, of Curtin & Heefner LLP, said the Pennsylvania Election Code, or Title 25, is clear that election boards have employee appointment authority and other responsibilities currently performed by the county administration.

Among the board powers cited at commission meetings: hiring the election director, choosing the voting system and preparing annual election budgets.

Concerns were raised about granting such control over elections to five unelected people, which could equate to a board majority of three citizens from one political party.

Four of seven commission members in attendance Wednesday approved the election board recommendation: Chairman Ted Ritsick, Vice Chairman Vito Malacari, Secretary Matt Mitchell and Stephen J. Urban.

Commission member Tim McGinley was absent, and Commission Treasurer Cindy Malkemes and member Mark Shaffer voted no.

Ritsick said after the meeting the recommendation allows council to weigh all legal analysis to ensure the county is in compliance with election law.

Wednesday’s recommendation included a clause stating nothing in the charter, administrative code or any other county ordinance or resolution “shall be construed to deprive the (election) board of its powers to appoint, procure or otherwise act to protect the elective franchise as required by state law.”

“Rather than us taking a side, we’ve equipped council to handle whatever interpretation becomes a reality,” Ritsick said.

During Wednesday’s deliberation, Shaffer and Malkemes said they won’t support wording that could allow elected officials to serve on the election board.

The approved recommendation also will allow any election board member to serve as board chair instead of requiring that leadership post to be held by the fifth person selected by the council-appointed board members.

It also gives council authority to decide how the four-year election board terms are sequenced and reduces the period in which appointees have to be registered to the applicable political party from five to three years preceding appointment.

The commission, which was convened a year ago, has now approved a proposed preamble and revisions to 11 charter articles, leaving only a transition section and final report. The transition section must spell out how some changes would be implemented, including the effective date and how council would be reduced over future election cycles.