County may hold standalone special election for vacant post
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Luzerne County will learn by Monday if the special election for Tarah Toohil’s state representative replacement must be held separately before the May 17 primary.
In a related topic, county Councilman Robert Schnee confirmed Thursday he is “very interested” in receiving the county Republican Party nomination to run for the seat.
The county Republican and Democratic party organizations would each get to choose a special election contender, said Pennsylvania House of Representatives Parliamentarian Clancy Myer. The winner would serve the remainder of Toohil’s term in the 116th Legislative District through Nov. 30, he said.
Toohil, a Republican, resigned from the seat effective Jan. 1 because she is now a county Court of Common Pleas judge, he said.
According to Myer:
State House Speaker Bryan Cutler has sole discretion to determine the special election date and must issue a writ identifying the date within 10 days of Toohil’s resignation, which gives him until Monday.
The special election must be held at least 60 days after the writ, allowing a window between around March 10 and the primary, he said.
It can be held simultaneously with the primary. Ordinarily this would be the chosen option to avoid additional resources and expenses, but Myer said there’s a concern it would be “very confusing” to voters.
The reason: candidates also will be running in the May 17 primary for the next full two-year seat in the 116th District covering 2023 and 2024, with the voter-selected nominees competing in the November general election.
“Because of the confusion, the speaker is looking very closely at what way he wants to go,” Myer said.
If a standalone earlier special election is ordered, the state must reimburse the county for any associated expenses, Myer said.
The writ will be delivered to the Secretary of the Commonwealth in Harrisburg and sent certified mail to the county, although Myer said the county election bureau also will be informed by phone so it can start making the necessary preparations.
Proposed new legislative boundary maps are undergoing a 30-day public review. Myer said the current boundary lines still apply for the special election filling the rest of Toohil’s term.
A retired Hazleton City Authority meter reader from Sugarloaf Township, Schnee said he has received “overwhelming support” from numerous people he’s contacted about seeking the county party’s nomination.
“My reputation speaks for itself that I would fight for the elderly and people in need and working families,” the 62-year-old said. “I love the people in this area and will do anything in my capability to get them help and funds they need.”
He also pledged to fight two Interstate 80 tolls and the state’s closing of the White Haven Center and to push for equitable funding for the Hazleton Area School District, saying districts of equal enrollment are receiving higher payments under the current system.
Schnee has been serving on county council since 2016 and is midway through his second, four-year term. He said he would be permitted to remain on council while running for the special election seat but would be required to step down if he is elected.
Legal analysis would be required if council must fill Schnee’s seat because he was elected as a Democrat in 2019 but subsequently changed his registration to Republican. The county’s home rule charter said an appointee must be the same same political party as the council member he/she is replacing and must have held that party registration since the person he/she is replacing was most recently elected.
If the new legislative maps remain intact, Schnee could not run for the full-term seat because Sugarloaf Township would be removed from the 116th district.
Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.