Luzerne County voters must use provisional ballots between 8-10 p.m.

Luzerne County voters casting ballots at polling places during the extended period between 8 p.m. and 10 p.m. must use provisional ballots, according to an amended court order.

County Acting Election Director Beth Gilbert said the alteration was made at the recommendation of the state.

Representing the county Republican Party, Attorney Gene Molino had requested the use of provisional ballots in court earlier Tuesday, saying there would be no way to identify and segregate votes cast on the ballot marking devices in the event litigation is filed.

County Assistant Solicitor Paula Radick had argued election law does not warrant the use of provisional ballots, and the original court order did not call for provisional ballots.

Following the revised court order, McBride said the county has communicated the change to all polling places.

Voters will be picking candidates on the ballot marking devices, but the ballot printouts will be placed in a provisional ballot envelope instead of being scanned into a tabulator.

Provisional ballots are reviewed last so the county can verify a mail ballot was not also received from that voter. The details are important for provisional ballots. They must be placed in a secrecy envelope, which is then inserted in an outer envelope. Three signatures — two from the voter and one from the judge of elections — are required on the outer envelope for the vote to count.

A shortage of paper for the ballot marking devices at polling places prompted the county to resort to the extreme measure of keeping all polling places open an extra two hours, or until 10 p.m.

County Court of Common Pleas Judge Lesa S. Gelb granted the county’s request for an extension following an emergency court proceeding Tuesday afternoon.

McBride said around 8 p.m. that all polling places should have received paper deliveries.

The situation has caused concern among candidates as well as attracting national media attention, as the Times Leader’s Kevin Carroll reports in this companion story.

Our newsgathering partners at WBRE/WYOU Eyewitness News also have been talking with officials about what happened.

Lack of paper explained

A widespread lack of paper for the ballot-marking devices caused issues at numerous voting places.

The ballot-marking devices were not all fully stocked with paper as needed when logic and accuracy testing was performed in September, McBride said, noting the bureau is looking into the reason.

The county had a large quantity of paper in stock that had been purchased for previous elections and also some acquired Tuesday morning, but both the ballot-marking device company and the state indicated that paper should not be used because it is a different stock, said McBride and county Manager Randy Robertson. The state was concerned that paper would get jammed in the machines, they said.

The county had performed some testing of the paper today and did not experience any jamming, but bureau officials did not want to go against the state’s directive, McBride said.

The Election Bureau scrambled to identify local companies that may have the required paper stock available, but there was not a large enough quantity. As a result, paper had to be specially ordered from a company in Taylor and also the county’s ballot printer in Albany, N.Y., McBride said.

Court proceedings

During the court proceeding before Judge Gelb, which started at 1 p.m., McBride said the paper would take several hours to arrive. At that point, more than 35 polling locations had already run out of paper for their ballot-marking devices.

Polling places have been instructed to offer voters the opportunity to vote on paper provisional and emergency ballots. However, there also was a concern about running low on provisional ballots.

Robertson said the state informed the county later in the day Tuesday that it could use the existing paper stock, but the county already had initiated the plan to secure new paper supplies.

The manager said he has asked county District Attorney Sam Sanguedolce to assist with a post-election review of what happened, although the current focus was on completing the election. Sanguedolce and other representatives of the District Attorney’s Office had assisted in delivering paper to polling places.

Robertson said the county will be providing additional pay — the specifics were not immediately available — to polling places workers putting in the additional two hours. In situations where poll workers are unable to remain, the county will assign temporary workers who have been retained through state election integrity grant funding, he said.

County council

County officials aired their frustrations Tuesday.

Councilman Tim McGinley said a council majority approved a new grant-funded ballot sorting machine to help the election bureau achieve its goals.

“I was hopeful we were going to have a great election,” McGinley said. “To have an item like paper wreck it up is disappointing.”

Council Vice Chairman John Lombardo said he was “extremely disappointed” in the paper problem and related issues that unfolded Tuesday and said he “stuck his neck out” to ensure the bureau had the sorting machine and other resources it needed.

Lombardo said the paper problem may be part of a “systemic issue” related to the county’s challenges in attracting and retaining seasoned managers. The bureau has been working to craft and follow written standard operating procedures, but Lombardo said they warrant review.

‘Voters left polls’

In an email Tuesday afternoon, Councilman Brian Thornton said “hundreds if not thousands of voters left the polls today due to the ineptness of our election bureau.” He said the two-hour extension is not enough to accommodate voters unable to return to the polls after 8 p.m.

“This is yet another embarrassing and ugly stain on Luzerne County. How could this possibly happen when we’re hiring the best and brightest?” he wrote.

Denise Williams, chair of the county’s bipartisan volunteer Election Board, said there are many questions that must be answered on “how and why it happened.”

Election Board members Alyssa Fusaro and Jim Mangan were both visibly distressed at the Penn Place building Tuesday afternoon.

“I’m at a loss for words. I am upset. I am angry. It’s a disenfranchisement of voters,” Fusaro said.

Party leaders

Attorneys and chairs of both Republican and Democratic county parties participated in the court proceeding.

County Democratic Party Chair Kathy Bozinski said at this point the most important focus is to ensure voters are not disenfranchised in this vital election. There will be time later to complete a “post mortem” on the reasons for the paper shortage.

“It’s important everyone — no matter their party — comes out to vote,” she said.

Republican Party Chair P.J. Pribula said the situation “does not bode too well” for the election bureau.

“It’s a very unfortunate turn of events,” he said.

He added he was satisfied with the judge’s ruling because at this point because it’s the only remedy for what is “obviously a terrible situation.”