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WILKES-BARRE — Luzerne County Judge William H. Amesbury heard arguments from both sides as to whether or not Walter Griffith can stay on the May 16 primary ballot in the county controller race.
Walter Griffith, represented by attorney Sam Stretton, appeared before Amesbury for the hearing Tuesday. The hearing was a result of a continuing challenge from former Luzerne County Councilman Rick Morelli.
Morelli is asking Amesbury to void two more petition signatures because the voters are not Republicans, according to his emergency motion seeking reconsideration. Morelli filed the two court actions on April 4 — one asking Amesbury to reconsider his decision to keep two signatures on Griffith’s nomination petition, and the other appealing Amesbury’s ruling to Commonwealth Court.
Both names were contested in Morelli’s original petition challenge, but he did not raise party registration as a concern until a court hearing on the petition. Instead, his challenge had argued one signature was illegible and the other was the improper legal name.
Griffith, who represented himself at the time, had argued these signatures can’t be disqualified based on party registration because that alleged violation was brought up after the March 15 petition challenge deadline.
Amesbury agreed with Griffith. To nullify, or “set aside,” a nomination petition, the objector must file a challenge within seven days containing the exact page and line number of each contested signature and the basis for arguing invalidity, the judge’s opinion said.
Lawrence J. Moran Jr., who represents Morelli, noted that the deadline fell on the same week county government was impacted due to Winter Storm Stella.
Amesbury issued an order on March 30 disqualifying 16 signatures on Griffith’s nomination petition for a variety of legal reasons, leaving the Kingston Township resident with 251 signatures, or one more than required.
Stretton argued at the hearing that of the 16 signatures that Amesbury struck, two were struck twice — once by Amesbury, and once by election officials.
Morelli’s new filing said Amesbury struck two signatures on Griffith’s petition because the voters were not registered Republicans, even though party registration was not raised as an issue until the court hearing. Both of these signatures were on Morelli’s original petition, alleging one was illegible and the other did not contain the proper legal name of the signer.
Stretton argued at the hearing that due diligence was not practiced with some of the signatures that were contested due to their legibility. He explained that a visit to the voter services office could have confirmed the signatures.
“Signatures that you cannot read is not a good challenge if you don’t take additional steps,” Stretton said.
Moran argued that the illegible signatures made it harder to confirm their validity.
“Illegible is illegible,” he said.
Amesbury gave both sides until Wednesday to file briefs supporting their arguments. It was not made immediately clear when a decision would be rendered.
