Mike Cabell picks up a vote, but Jamie Walsh ahead by four

As expected, Jamie Walsh's lead over Mike Cabell changed from five votes to four Monday after the county's election board officially accepted and tallied a provisional ballot that had been contested in court.

The new vote tally in the April 23 primary election Republican race for state representative in the 117th Legislative District: Walsh, 4,735, and Cabell, 4,731.

Cabell picked up the additional vote, which was cast by his cousin, Shane O'Donnell, due to Friday's Pennsylvania Supreme Court ruling that affirmed a state Commonwealth Court decision that determined O'Donnell's ballot must be accepted.

The county Election Board had rejected O'Donnell's ballot as part of a batch from people not registered to vote in the county.

A three-judge county Court of Common Pleas panel agreed with the board's decision, saying O'Donnell was not disenfranchised because he could have voted at his new residence but chose not to.

However, a three-judge Commonwealth Court panel said O'Donnell's ballot must be accepted, indicating the facts show O'Donnell would not have been permitted to vote in McAdoo because he did not reside there at least 30 days preceding the election.

The Supreme Court affirmed the Commonwealth Court decision.

The election board also voted Monday to reject the other remaining provisional ballot in the race that was cast by Lake Township voter Timothy J. Wagner. The state Supreme Court affirmed that ballot cannot be counted because Wagner only signed the outer envelope once — not twice as required by the state election code.

Walsh had unsuccessfully appealed to the state Supreme Court seeking reversal of the Commonwealth Court decision granting Cabell's request to reject Wagner's ballot and accept O'Donnell's ballot.

Before accepting O'Donnell's ballot Monday, the board verified it was in a required inner secrecy envelope and met other requirements.

Cabell had said he is considering filing a recount request in the county Court of Common Pleas.

A recount filing would be required before the board meets Monday to approve the final certification.

Walsh attended Monday's election board proceeding and thanked the five volunteer board members for their work and diligence.

"I don't think anybody expected this to take five months," Walsh said.

Walsh also told reporters the race shows the importance of each vote and need for citizens to cast ballots in all elections.

There is no Democratic contender on the Nov. 5 general election ballot.

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.

Regarding Wagner's ballot, attorneys said Friday's Supreme Court decision made it clear county election boards must explicitly follow provisional ballot requirements expressly stated in state election law, including the mandate for voters to sign the outer envelope twice as in the case of Wagner's ballot.

County Assistant Solicitor Gene Molino told the board Monday the Supreme Court decision will have an impact on "everything' going forward on what the board should or shouldn't do."

Supreme Court Justice David N. Wecht's concurring opinion calls for a strict reading of the state Election Code, as opposed to providing discretion through an election board's interpretation of voter intent and enfranchisement, Molino said.

"It really has broad ramifications," Molino said.

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