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First Posted: 6/5/2013
Hazleton Area School Board candidate Carmella Yenkevich said she has decided to pursue court action over a ballot error in the recent primary election.
Luzerne County’s election office failed to notify Carbon and Schuylkill counties of Steve Hahn’s withdrawal in the race. Hahn wrongfully appeared on the ballot in those two counties and received 279 Republican and 273 Democratic votes that could have gone to other contenders and altered the outcome.
Yenkevich said the burden and cost to seek a new election in that race should fall on Luzerne County, but county election board solicitor Mike Butera said the type of legal challenge must be initiated by candidates under state law.
County Chief Solicitor C. David Pedri said he and solicitors from Carbon and Schuylkill concurred with Butera’s opinion.
“Therefore, the election would stand, unless another party challenges it,” Pedri said.
With votes for Hahn factored in, four candidates received both party nominations, guaranteeing a win in November. Yenkevich came in fifth on both tickets, followed by candidates Fred Mariano and Thomas Chirico.
Yenkevich said she’s initiating court action to ensure Carbon and Schuylkill voters have the opportunity to select nominees on the ballot, even if it’s not her.
“It’s not about me. It’s about the process,” said Yenkevich, who has retained Wilkes-Barre attorney Bill Vinsko.
Vinsko said the action should be filed within the next few days.
“We’re confident Luzerne County is going to do the right thing. All indications point in that direction,” Vinsko said.
Pedri said he has researched the law and concluded Yenkevich’s complaint should be filed in Luzerne County Court, not the other counties. County Manager Robert Lawton has offered to pay the $140 filing fee out of his own pocket so Yenkevich doesn’t have to cover that expense, Pedri said.
Luzerne County likely will file a motion to intervene in the action and offer “possible solutions for a fair and quick resolution,” Pedri said.
This will include a proposal to send Hazleton Area absentee ballots to all Carbon and Schuylkill voters who cast ballots May 21, Pedri said.
Carbon County Elections Director Lisa Dart had cited absentee ballots as an option last week, though she questioned if they must be sent to all registered voters or only the ones who voted May 21.
Kingston citizen watchdog Brian Shiner said he proposed the absentee ballot solution to Luzerne County Election Director Marisa Crispell-Barber this week.
The special printing and mailing of absentee ballots would cost Luzerne County about $10,000, Pedri said, stressing the court has the final say on whether a new election is warranted and, if so, how it will be structured.
Pedri said he spoke to all seven candidates in the Hazleton Area race to explain the county’s options so they have a “complete understanding.”
He plans to work with solicitors in Carbon and Schuylkill, but said Luzerne County will take charge of any corrective action.
“We’re going to fix the problem as best as we could. We’re going to handle everything, and it will be Luzerne County funds and manpower involved,” Pedri said.