Cabell files appeal in Luzerne County Court

As state representative candidate Jamie Walsh awaits a court ruling on six mail ballots he wants thrown out, his Republican opponent, incumbent Rep. Michael Cabell, has filed a court appeal seeking the tallying of one provisional ballot, the rejection of another and credit for at least five write-in votes, according to court filings.

This continued push for each vote stems from the 117th District Republican nomination contenders being only four votes apart — 4,728 for Walsh and 4,724 for Cabell.

The portion of the new challenge by Cabell regarding provisional ballots focuses on two — the first involving a Lake Township ballot that had been accepted by the county’s five-citizen election board and the second a Butler Township ballot the board had rejected, according to Cabell’s filing in the county Court of Common Pleas.

A county court hearing on the matter has been scheduled at 2 p.m. Thursday.

Walsh said Tuesday he is in discussion with his legal counsel about a potential response.

Lake Township

Through his Philadelphia attorney, Shohin H. Vance, Cabell has argued the Lake Township ballot from Timothy J. Wagner should not be counted because it is missing a voter affirmation signature on the outer provisional envelope.

Voters are instructed to sign in two places on the outer envelope.

During a Friday challenge hearing before the election board, Vance said this signature is mandatory, citing an unpublished Commonwealth Court opinion.

County Assistant Solicitor Gene Molino, who represents the board along with Assistant Solicitor Paula Radick, reiterated there also is a Delaware County Court of Common Pleas opinion that takes the opposite view from the opinion cited by Vance, favoring the acceptance of such ballots.

Election Board member Rick Morelli had noted the Lake Township voter signed one of the two outer envelope boxes.

The board unanimously voted to dismiss Cabell’s challenge. Appeals of board decisions must be filed in county court, which is what occurred Tuesday.

Cabell’s appeal says voters must sign twice on the outer envelope when they cast provisional paper ballots at the polls — first to affirm the ballot is the only one they are casting and second after they have filled out the ballot and inserted it in a secrecy envelope. The post-completion signature was missing in this case. It argues the law cites reasons election boards cannot count provisional ballots, and one is lack of a signature.

Butler Township

In the second appeal, Cabell argues Shane O’Donnell’s ballot should be counted in Butler Township District 3.

The board had rejected this ballot during adjudication as part of a batch from people not registered to vote in the county.

Vance showed the board a statement from O’Donnell stating he did not officially relocate to Schuylkill County until March 29. He argued O’Donnell was still permitted to vote in Butler Township due to a 30-day window to vote at a prior residence preceding the primary.

Walsh’s Pittsburgh attorney, Gregory H. Teufel, had objected, saying O’Donnell was not in attendance to be questioned and noting O’Donnell “is the cousin of the candidate who will benefit from the vote.”

Election Board Chairwoman Denise Williams had said O’Donnell’s voter registration changed to Schuylkill County in December, and he would have had an opportunity to change it back to Luzerne County prior to the election. The board must base its decision on the “black and white” record, she had said.

Election Board Vice Chairwoman Alyssa Fusaro had said the “bottom line is he doesn’t live in Luzerne County now.”

The O’Donnell challenge was dismissed by all four election board members in attendance, with Morelli not present at the time of that vote. Albert Schlosser and Daniel Schramm also serve on the board and supported the decision to not count O’Donnell’s provisional ballot.

In his appeal, Cabell said O’Donnell changed his vehicle registration to the Schuylkill County address in December 2023 but retained his Butler Township address on his driver’s license and primarily resided in Butler Township until March 29. It said he was “surprised to learn” he was no longer registered in Butler Township on April 23.

Write-ins

On the subject of write-ins, the election board has long taken the position that candidates do not receive write-in votes if their name appears on the ballot.

The board’s argument is that the law indicates voters have the option to select someone named on the ballot or write in the name of someone else.

At minimum, Cabell is seeking credit for these five write-ins, according to the filing: Mike Cabell, Michael Cabell, M. Cabell, M.K. Cabell and Cabell.

His filing says the board’s refusal to review and cumulate the 22 Republican write-in votes in the 117th District must be reversed because “that decision contravenes clear precedent from the Pennsylvania Supreme Court.”