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Republican Luzerne County Council contender Eugene Kelleher is at risk of not appearing on the November election ballot due to the delayed filing of his financial interest statement.

The Pennsylvania Ethics Commission financial interest statement form says write-in winners must file statements within 30 days of “official certification of having been nominated.”

The county certified the May 19 primary election results on June 1, putting the 30-day window around July 1.

Kelleher filed his financial interest statement last week, saying he never received the county election bureau’s original notification declaring him a winner and informing him of the 30-day deadline and other filings required to accept the nomination.

County Administrative Services Division Head David Parsnik said the county sent letters to the more than 125 write-in winners around the time of the certification to inform them of their nomination and requirements. These letters were not sent by certified mail because it is more costly and not a requirement, he said.

The county election bureau is in the process of reaching out to nominees who have not responded to requirements to determine if they received the initial letters, Parsnik said.

If write-in nominees indicate they did not receive the letters, the bureau is sending new ones and allowing additional time to submit financial interest statements, Parsnik said.

Parsnik stressed there’s no guarantee the county will deem the late filings compliant because that decision will be made by the county law division. Parsnik said he does not know if the law could be interpreted to mean that the 30-day clock starts ticking when write-in winners receive their notification, which Kelleher and possibly others will argue did not occur until the second letter.

County assistant solicitor Mike Butera, who handles election matters, said he will review statutory and case law to reach an opinion for the county election board, which makes the final decision.

Kelleher said he learned about the initial letter he hadn’t received last week, and the election bureau sent him a new one dated July 14. He submitted the financial interest statement and other forms accepting the nomination on July 16 and 17.

County Councilman Stephen J. Urban, who is seeking re-election, raised the issue of the 30-day financial interest deadline during last week’s county council work session, though he did not name any candidates suspected who did not file timely statements.

Butera told council he will review the law and filings before making a determination.

“If that’s what the law says, then we will remove them if they didn’t file one. I assure you we will follow the law,” Butera told Urban.

Kelleher said “rules are rules,” but he would be disappointed if the will of the 448 voters who wrote in his name is disregarded because of a problem with the initial letter. He said he filed the financial statement and other paperwork immediately after receiving the second letter, even though the letter said he had until the end of July.

A Dallas Township Republican, Kelleher said he launched a write-in campaign for the seat at the urging of supporters.

The retired math teacher and financial services industry worker served two years on the initial county council and sought re-election in 2013 but did not survive the final cut in the general election.

Six of 11 council seats are up for grabs in November.

Democrat Robert Schnee, Sugarloaf Township, also received a Republican write-in nomination.

The two Republican nominations were ripe for filling by write ins because only four party contenders appeared on the primary ballot. Those four automatically advanced: Marc Dixon, Wright Township; Ray Gustave, West Wyoming; Mark A. Rabo, Hazleton; and Urban, Wilkes-Barre.

Democrats picked the following nominees: Jane Walsh Waitkus, Dorrance Township; John Gadomski, Wyoming; Anthony J. Rostock, Yatesville; and three incumbents — Edward Brominski, Swoyersville; Tim McGinley, Kingston; and Stephen A. Urban, Wilkes-Barre.

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By Jennifer Learn-Andes

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