Cabell appealing election ballot decisions to Commonwealth Court

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State Rep. Michael Cabell announced Friday he is filing a Commonwealth Court seeking to overturn decisions on the tallying of two provisional ballots in his close race for the Republican nomination in the 117th House District.

Cabell also plans to appeal a county Court of Common Pleas decision denying the tallying of write-in votes.

Cabell lost his county Court of Common Pleas appeal Wednesday asking judges to order the county election board to accept a Butler Township provisional ballot and reject a Lake Township one.

The three-judge county court panel also affirmed the election board’s decision to not tally and provide credit for write-in votes, if any, that were cast in his race because his name already appeared on the ballot.

Three votes unofficially separate Cabell and challenger Jamie Walsh, with Walsh in the lead.

Cabell said the appeal continues his “commitment to ensuring the integrity of the electoral process and the principle that every legally cast ballot must be counted.”

“Our democracy depends on the accuracy and integrity of our elections,” he wrote. “It is imperative that every legal vote is counted and that no voter is disenfranchised. As such, we are taking every legal opportunity to ensure that the voices of our constituents are heard and respected.”

Cabell said his campaign has identified several issues in the tabulation process that merit further review by the Commonwealth Court. The appeal aims to address these concerns and ensure that the final vote tally accurately reflects the will of the people, his release said.

The Lake Township ballot of voter Timothy J. Wagner was contested by Cabell due to an outer envelope signature issue.

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

Representing Cabell, Attorney Shohin H. Vance of Kleinbard LLC in Philadelphia said this signature is mandatory, citing an unpublished Commonwealth Court opinion.

County Assistant Solicitor Gene Molino, representing the election board, has said 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.

During last week’s county court hearing on the matter, Election Board Chairwoman Denise Williams testified the board has consistently accepted provisional ballots missing one of the two signatures when everything else was in order.

Wagner also testified.

The Butler Township provisional ballot Cabell wanted tallied was cast by his cousin, Shane O’Donnell, who also testified last week.

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

Vance argued O’Donnell’s ballot should be counted because he did not officially relocate to Schuylkill County until March 29, and there is a 30-day window to vote at a prior residence preceding an election.

O’Donnell said he changed his vehicle registration to the Schuylkill County address in December 2023 but retained his Butler Township address on his driver’s license and lived in Butler Township until March 29. He said he was surprised to learn he was no longer registered in Butler Township on Election Day. He testified he did not recall checking any boxes on the vehicle registration that would also change his voter registration address or receiving anything from Schuylkill County informing him he was now registered there.

County Acting Election Director Emily Cook testified motorists must click on a box on the state transportation department vehicle registration renewal site if they don’t want to change their voter registration address while updating their vehicle registration address.

Vance said the 30-day window to vote at a prior address is based on residence, not vehicle registration, and no evidence was presented asserting that O’Donnell moved before March 29.

Molino said he would agree with this interpretation if O’Donnell had not registered to vote in Schuylkill County.

In his Friday release, Cabell said the issues raised in his appeal will include a change made to a registered voter’s address under the new “motor voter” program administered by the Pennsylvania Department of State and Pennsylvania Department of Transportation.

“Changing a registered voter’s precinct without their affirmative consent and knowledge is deeply problematic,” Attorney Vance said in the release. “This case is an unfortunate example of what happens when unelected bureaucrats — even well-intentioned ones — implement sweeping changes to the electoral process without public scrutiny or input.”

Regarding 22 Republican write-in votes in the race, Vance and Molino presented differing legal analysis on whether they should be itemized and credited toward the tally for a candidate already appearing on the ballot in that race.

The election board has long held the position the law allows voters to select someone named on the ballot or write in the name of someone else.

Cabell expressed gratitude Friday to his family, friends and supporters “for their patience and understanding during this process,” reiterating his “dedication to serving the people of his district and protecting their right to a fair and transparent election.”

“Our commitment to democracy is unwavering,” he said in the release. “We owe it to the voters of Luzerne County and the entire state of Pennsylvania to pursue every legal avenue available to guarantee that the election results are fair and accurate. This appeal is not just about this election; it is about upholding the fundamental principles of our democratic system.”

Due to the pending legal challenge, the county Election Board voted Thursday to exclude the 117th House District race from its certification of April 23 primary election results.

In addition to excluding the 117th contest tallies, the certification did not include a batch of 14 Republican provisional ballots that are still subject to litigation, Molino has said.

This batch consists of 13 ballots accepted by the board, including the Lake Township one, and the one the board rejected from Butler Township.

None of these provisional ballots were unsealed and tallied due to the pending appeal.

Based on a review of the law, Molino said the election board won’t open and process any of these provisional ballots until the appeal period expires or a Commonwealth Court appeal filed by Cabell is fully adjudicated with a court ruling.

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