Luzerne County Election Board changes venue for write-in name variation requests

Write-in candidates must now file a petition in the Luzerne County Court of Common Pleas if they want credit for votes cast under different spelling variations of their name, the county Election Board decided Wednesday.

Board Chairwoman Denise Williams had inquired about this credit-seeking process, known as cumulation, because the county had no online form or protocol informing all candidates how it worked. Interpreting whether variations should be accepted puts the board in a difficult situation, she had said.

In response to her inquiry, county Assistant Solicitor Paula Radick told the board last month it has discretion on whether it wants to get involved in cumulation. If not, state law allows candidates to seek cumulation through county court within five days after the election board certifies election results.

Board members Audrey Serniak and Patrick Castellani said they agreed with Williams’ concerns Wednesday, resulting in a unanimous vote to leave it up to county judges to rule on the acceptance of spelling variations.

Serniak said some candidates present long lists with too many variations.

“The more I think about it, what we do currently is very haphazard, and we should just do away with that,” Serniak said.

The board also voted Wednesday to provide a mail ballot drop box at Hazleton City Hall and the county’s Penn Place Building in downtown Wilkes-Barre for an April 5 special election impacting voters in the 116th Legislative District.

Voters in the district’s 34 precincts will select a state representative to serve through this year now that Tarah Toohil is a county judge. The county Republican and Democratic party organizations have not yet named the candidate each will place on the ballot.

The county has used both the Hazleton and Penn Place drop box locations in the past. The board decided against adding a second box in the 116th District for the special election, largely due to a concern voters would be confused in future regular elections when the additional box was no longer available.

County Election Director Michael Susek told the board Wednesday all but one voting location has been locked in for the special election. The election bureau is still researching parking options for the remaining unconfirmed polling site in downtown Hazleton, he said.

Mail ballots

The county sent mail ballot applications Monday to more than 53,000 county voters who had checked a box to be placed on a permanent mailing list when they initially applied. Voters who return applications will automatically receive mail ballots for all elections this year. This annual mailing is mandated by state legislation.

Susek said his staff is receiving many inquiries about a pending court case’s impact on mail voting.

The legality of mail voting is up in the air because three Republican Pennsylvania Commonwealth Court judges ruled last month that the constitution must be amended to allow mail voting without an excuse or reason to be supplied by voters. The state administration’s immediate appeal to the state Supreme Court has not been decided. This appeal to the Supreme Court, which has a 5-2 Democratic majority, triggered an automatic stay that keeps the mail ballot provisions in effect pending the outcome of adjudication.

Susek said counties have been advised to continue with no-excuse mail ballots as usual until the final determination.