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WILKES-BARRE — Courtdale Borough Council has filed a suit in Luzerne County court against the director of the Luzerne County Bureau of Elections, in the hopes of getting its mayoral election back on the ballot this fall.
The suit was filed in county court on Friday through Courtdale’s attorney Leonard Sanguedolce against Eryn Harvey in her capacity as director of the Luzerne County Bureau of Elections.
The suit says the issues began in February, when Courtdale submitted a form listing all offices to be listed on the May 2021 primary ballot. The suit says the listing inadvertently excluded the office of mayor.
On March 15, the suit says, borough council president Carl Hodorowski contacted the Bureau of Elections to let them know of the error, “specifically stating that the Office of Mayor should be included on the May 18, 2021, primary ballot.”
Hodorowski, who is also in his individual capacity a plaintiff of the suit, says he was advised to email an addendum to the bureau requesting that the mayoral race be added to the primary, and that the office of mayor would be placed on the primary ballot as a “write-in.”
The suit goes on to say that borough officials received confirmation of receipt of the addendum, adding that the 2021 primary ballot which ran in local newspapers included the office of mayor.
“Inexplicably, despite all assurances to the contrary and in contradiction to the pre-election ballots on the bureau website and published in the newspaper, the office of mayor did not appear on the official primary ballot for the residents of the borough of Courtdale,” the suit says.
The suit suggests that the office is still being prevented from being put on the ballot.
“After being made aware of their failure to list the mayor on the primary ballot, and for reasons that are unclear, the bureau has failed and refused and continues to fail and refuse to place the office of mayor on the Nov. 2, 2021, municipal election ballot to be written in,” it says.
The borough is seeking an order from the court directing the Harvey to place the office of mayor on the upcoming ballot. According to the suit, council will have to appoint a mayor if the race is not placed on the ballot.
When asked for comment, Harvey declined, citing the pending litigation.