Luzerne County expecting update on DA election timing legal challenge

An outside law firm should have a status report this week on its pursuit of legal action over the Luzerne County Election Board’s decision to place the county district attorney’s race on this November’s general election ballot, said county Councilwoman Kendra Radle.

Radle provided the update during a brief Monday meeting of council’s Special Election Decision Committee, which she chairs.

A council majority had hired the Stevens & Lee law firm to explore a legal challenge.

A majority of the five-citizen Election Board had voted to schedule the race for November based on some legal interpretations of new legislation involving DA vacancies. The board also must decide by Sept. 13 if the seat on the November ballot would be for a two- or four-year term under the legislation.

However, acting county Chief Solicitor Vito DeLuca asked the board earlier this month to hold off on deciding the length of the term until he receives and reviews the legal opinion prepared by Stevens & Lee. County assistant Solicitor Michael Butera told the board he believes the term must be four years.

DeLuca said his office will present its legal opinion to the board while noting whether it mirrors or is different from the conclusion of Stevens & Lee.

Election Board member Richard Nardone said a timely opinion from Stevens & Lee on both the election timing and term is needed so the board can decide if it wants to confirm or rescind its decision on the November race based on the new information.

DeLuca told the board council’s goal is “to get an answer ASAP” from Stevens & Lee and said he believes the firm understands it is “up against” a looming November election with deadlines.

The wait for legal resolution also has impacted the county Democratic Party’s ability to find a nominee, said county Democratic Party Chairwoman Kathy Bozinski.

If the election is in November, the county Democratic and Republican party organizations must each choose a contender.

Bozinski said her party is still speaking with prospective contenders, but none will commit because they “don’t want to spend the summer campaigning and raising money for a race that may not happen.”

Although the Republican party executive leadership must finalize its nominee, current DA Sam Sanguedolce was the lone applicant and essentially guaranteed the nomination.

The vacancy arose because Stefanie Salavantis resigned March 25 to run for county judge. Sanguedolce, previously first assistant DA, was automatically appointed to fill the DA post under the new state legislation.

During its Monday meeting, council’s Special Election Committee agreed to recommend council transfer an initial $20,000 from the reserve to cover Stevens & Lee’s payments. Additional transfers may be necessary. The firm’s lawyers had submitted an anticipated budget of $16,425 and maximum estimate of $21,505.