Facing election deadlines, Luzerne County manager sends Cabell/Walsh ruling reminder to PA Supreme Court

With a Nov. 5 general election preparation deadline looming, Luzerne County Manager Romilda Crocamo sent a letter Thursday "gently" reminding the Pennsylvania Supreme Court a decision is needed in the pending challenge over two provisional ballots in the 117th District.

Candidate Jamie Walsh also filed a brief Thursday seeking a remedy that will allow the county to prepare and send general election absentee ballots to military and overseas voters by the Sept. 21 deadline.

April 23 primary election results in the 117th District Republican race between Walsh and incumbent Mike Cabell cannot be certified by the county Election Board because the state Supreme Court challenge is still pending.

Certification is necessary before the county can transmit Nov. 5 general election absentee ballots to military and overseas voters, Crocamo's letter said.

Her letter also noted the winner of the 117th District race won't change as a result of the appeal.

Walsh has an unofficial five-vote lead over Cabell, and Cabell cannot mathematically overcome that difference because the two provisional ballots involved in the state Supreme Court appeal are the only ballots not yet processed in the race.

Walsh had appealed to the state Supreme Court seeking reversal of a Commonwealth Court decision granting Cabell's request to reject Lake Township voter Timothy J. Wagner's ballot and accept a Butler Township ballot cast by Cabell's cousin, Shane O'Donnell.

Wagner did not sign the outer envelope twice, and O'Donnell's ballot involves a residency question.

All legal briefs were filed by Aug. 7.

"This letter is merely submitted for information purposes and is no way intended to advocate for a particular outcome," Crocamo said in closing her communication to the state Supreme Court.

Walsh's Thursday application for relief also said the outstanding dispute over two ballots won't change the election outcome.

It asks the court to consider ordering one of the following:

• Permit the county election board to certify the results while the decision on the appeal is pending so the county can finalize and print the ballots.

• Allow the county to finalize and print ballots showing Walsh is the Republican candidate for the 117th District state House race.

The filing said Walsh communicated plans for Thursday's request to legal counsel for the election board, the Pennsylvania Department of State and Cabell.

Both the board and the department supported the requested relief, but legal counsel for Cabell was opposed to the application, it said.

The state Supreme Court has directed all parties involved in the case to file an answer or letter stating that an answer won't be filed by Friday morning.

Walsh's filing notes he has not withdrawn the appeal over two provisional ballots because it involves matters that have repeatedly come up and questions "important to the public interest."

Walsh said earlier this week he is holding a victory party Friday to celebrate his nomination and recognize his campaign volunteers. He said he held off for months thinking Cabell would concede.

No general election competitors have surfaced in the 117th District. There were no Democratic contenders in the primary, and the election bureau did not receive notification of any write-in campaigns, the bureau said.

The 117th District includes all or part of Conyngham, Dallas, Freeland, Harveys Lake, Jeddo, Nescopeck, New Columbus, Nuangola, Penn Lake Park, Shickshinny and White Haven boroughs and the townships of Black Creek, Butler, Conyngham, Dennison, Dorrance, Fairmount, Foster, Hollenback, Hunlock, Huntington, Lake, Lehman, Nescopeck, Ross, Salem, Slocum, Sugarloaf and Union, according to the election bureau.

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