Dallas City News

All three contested matters in the tight Republican race for state representative in the 117th District are now before the Pennsylvania Supreme Court.

The state Supreme Court has discretion over whether it will take on any of the petitions for allowance of appeal.

Incumbent candidate Mike Cabell filed a petition around 11 p.m. Friday seeking the tallying of write-in votes, if any, in the race.

Candidate Jamie Walsh followed up Saturday with a petition requesting the removal of six mail ballot votes from the current tally because the voters did not fill in the last two digits of the year on the outer envelope.

Walsh also had filed a petition last week asking the state Supreme Court to reject one provisional ballot and count another.

In the latest unofficial results, Walsh has a five-vote lead over Cabell.

Walsh had declared his victory on Friday after his lead expanded from three to five votes, prompting Cabell to issue a statement indicating the race is not over yet. Cabell also indicated his campaign is considering requesting a recount.

Write-ins

It’s unclear if any Republicans wrote the names of Cabell or Walsh because the county election board did not itemize the 22 write-ins for that contest.

The election board has long held the position the law allows voters to select someone named on the ballot or write in the name of someone else. Luzerne County Court of Common Pleas and Commonwealth Court panels both concurred with the election board’s decision.

Cabell has argued he must receive credit for write-ins due to a past state Supreme Court opinion. The election board’s legal counsel said the tallying of write-in votes for a person whose name already appears on the ballot as a candidate is not permitted by the state Election Code and standards adopted by the Voting Standards Development Board that have the “force and effect of law.”

Cabell’s new petition to the state Supreme Court continues to argue the election board must record and cumulate the write-in votes and that Commonwealth Court erred in its conclusion.

Six ballots

The county Election Board had voted 4-1 to accept the six ballots as part of a batch of 111 mail ballots missing only the last two year digits. Most of the six mail ballot votes were for Cabell.

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 Commonwealth Court continues this argument. It said 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. The petition also asserts the two-day appeal period cited in the law should be “unconstitutionally void for vagueness.”

Two provisionals

Walsh is contesting a Commonwealth Court decision that granted Cabell’s appeal 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.

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

Cabell filed a response in the state Supreme Court arguing in part that Walsh’s petition should be denied because it has a “fatal flaw.” Specifically, it asserts Walsh is raising an issue for the first time before the state Supreme Court, in violation of appellate rules that require all issues to be brought up earlier in the adjudication process.

It’s expected O’Donnell’s vote was for Cabell, while Wagner has stated he selected Walsh.

The current battle over the Republican nomination likely will be the determination of which candidate is seated in the 117th District. Because no Democratic contenders surfaced in the April 23 primary election, it appears the Republican nominee will be unopposed in the November general.

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