Dallas City News

The Pennsylvania Supreme Court has declined to hear Jamie Walsh’s appeal contesting six mail ballots in his tight April 23 primary election Republican race for state representative against incumbent Mike Cabell in the 117th Legislative District, according to an order issued Tuesday.

The state Supreme Court has discretion over whether it agrees to weigh in on such appeals.

Walsh has a five-vote lead over Cabell, according to the latest unofficial election results.

This tally already includes the six mail ballots Walsh was attempting to throw out. If the state Supreme Court had agreed to accept his appeal request, a final ruling in Walsh’s favor would have deducted a total six votes for both, but mostly Cabell.

The state Supreme Court had declined to hear Cabell’s appeal seeking the itemizing of 22 write-in votes in the race and crediting of any cast for him.

That leaves only one pending case before the state Supreme Court because it agreed to hear Walsh’s appeal over two provisional ballots.

Walsh is seeking reversal of a Commonwealth Court decision granting Cabell’s request to count a Butler Township ballot cast by Cabell’s cousin, Shane O’Donnell, and reject a ballot cast by Lake Township voter Timothy J. Wagner.

Wagner has said he selected Walsh, and it’s assumed O’Donnell’s vote is for Cabell.

Walsh is seeking rejection of O’Donnell’s ballot and acceptance of Wagner’s ballot.

The state Supreme Court order said the two-ballot provisional matter will be submitted based on legal briefs with no briefing extensions to be granted due to the “expedited schedule.”

Walsh’s lead appears to be cemented with these court cases. The most Cabell can expect to gain is one vote if he prevails in the pending appeal over two provisional ballots.

Cabell has not yet announced a decision on whether he will seek a recount, which is an option he had said his campaign was exploring.

Walsh has called for Cabell to concede.

The current battle over the Republican nomination could be the determination of which candidate is seated in the 117th District because no Democratic contenders surfaced in the April 23 primary election.

Regarding the six mail ballots Walsh had contested, the county Election Board had voted 4-1 to accept them as part of a batch of 111 mail ballots missing only the last two year digits.

When the matter was initially adjudicated in the county Court of Common Pleas, county Assistant Solicitor Gene Molino argued that Walsh’s challenge should not proceed because Walsh did not contest the votes within two days after the election board voted to accept them and publicly upload the results.

The county Court of Common Pleas panel still proceeded with adjudication and agreed to accept the ballots.

Commonwealth Court concluded Walsh’s appeal must be thrown out due to the two-day deadline.

Walsh had argued the two-day clock did not begin until a few days later, when the board signed off on partial election results reported to the state.

Walsh’s petition to the state Supreme Court continued that argument, saying the two-day appeal period commences when an election board issues “any” decision aggrieving a candidate, including a decision that “memorializes and effectuates a prior decision” of the board.

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.