The Luzerne County Courthouse

The Luzerne County Courthouse

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Luzerne County’s Election Board is arguing county council and the district attorney don’t have authority or standing to file litigation over the board’s placement of the DA race on the Nov. 2 general election ballot, according to a Tuesday court filing.

The five-citizen volunteer board is asking a judge to dismiss the litigation.

County council and DA Sam Sanguedolce filed the litigation against the board in county court last month, asserting the race should not be on the ballot until 2023 with an elected term of four years.

There are conflicting interpretations on what must happen now that Sanguedolce is filling the seat vacated by prior DA Stefanie Salavantis.

An election board majority concluded new state legislation requires the seat to be on the ballot this November. Three board members also recently voted to make the term two years instead of four. The county’s Democrat and Republican party organizations each has the option to designate a candidate to appear on the ballot.

According to the board’s Tuesday filing by Attorney Joseph M. Cosgrove, of Selingo Guagliardo LLC:

Under the county’s home rule charter, council is the legislative branch with no executive authority.

The only ability council has regarding litigation is to approve the recommendations of the county manager heading the executive branch to either initiate or end litigation in the county’s name. The county manager never recommended initiating this case.

The charter further gives the election board authority to conduct elections in the county, “with no such power whatsoever bestowed upon council.”

Council “is not now, and will neither be aggrieved nor impacted adversely in the least by the actions of the board of which it complains,” it said.

“In light of this, council has no right to the relief it requests.”

Relating to Sanguedolce, the filing said Sanguedolce may have a personal interest in whether an election for that office is held in November but is pursuing the legal action in his official capacity as DA, not in his personal capacity.

It maintains state law and the charter ensure someone elected, appointed or acting will always head the DA’s Office.

“Since there is thus never an absence in leadership, the Office of District Attorney of this county has no interest in whether an election is held in November 2021 to fill that office,” it said.

Council hired Stevens & Lee to file its litigation. Sanguedolce retained Philadelphia-based Kleinbard LLC and is named as a plaintiff because he is the current office holder, the litigation said.

The new statute related to vacancies says the first assistant DA serves “until the first Monday in January following the next municipal election occurring not less than 90 days after the occurrence of the vacancy.”

The council/DA complaint said the race cannot be on the upcoming ballot because nominees must be selected through a primary in an odd-numbered municipal election year, and the vacancy came too late for candidates to run in this year’s May primary.

Under relevant provisions of the Pennsylvania Constitution, state statutes and established case law, the plaintiffs argue the board’s decision to hold an election in November is “based upon an improper interpretation of applicable law.”

In arguing for the need for an injunction, the complaint says the current plan could lead to the “illogical result” of four different people serving as county DA within a few years: former DA Salavantis, current DA Sanguedolce, the winner of this November’s election and the winner of the November 2023 election.

Adjudication has been assigned to Robert J. Shenkin, a senior judge from Chester County. He can decide the matter based on briefs filed by both sides or schedule oral arguments.

Time is running out.

Political parties must submit their chosen DA candidates by the close of business Monday, which is 50 days before the general, said county Election Director Bob Morgan.

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