NorCo Elections Comm's to Meet November 18, 3 PM

Acting Administrator Michael Colon announced at last night's meeting of NorCo Council that the Elections Commission will meet on Tuesday, November 18, 3 pm, in County Council chambers. Since they are meeting in Council chambers, it will hopefully be available on YouTube. At that meeting, Elections Registrar Chris Commini will give his report on the most recent election. 

Colon did discuss a few problems encountered in the days leading up to the election.

In Easton City Council race for District Two, a voter received a mail-in ballot for another district. The elections office nullified the ballot and provided this voter with the correct ballot. It also reached out to the 48 people in that district who received ballots that day (by email, phone or call) to give them the option to get new ballots and have the ballot sent nullified. These votes will be segregated and counted separately. It should be noted that even if all of them received the wrong ballot, it makes no difference because the winner, Julie Zando-Dennis, won by over 300 votes. 

Colon also addressed the machine ballots for school district candidates who were cross-filed, who are only listed once and only on the Democratic side of the ballot. (The cross-filed candidate appears on the side of the Governor's party He noted this change was made necessary by the 2019 changes to the Election Code. I believe this interpretation of the Election Code is incorrect, but the President Judge has a different view. His opinion matters a bit more than that of a dumpster-diving blogger. 

Finally, Colon addressed the situation in which two elections commissioners asked to see Executive Lamont McClure to view the physical machine. One of these Comm'rs, Scott Hough, said that McClure walked out without even acknowledging them. But Colon told County Council that McClure simply was unaware at the time he left that the Commissioners were there to see him. 

Colon also said that the request for an elections commission meeting on the day before the election was simply impossible as the Registrar is busy that day.  

Tax Break For Luxury Apartments at Wilson Borough's Dixie Cup Fails With NorCo Council

Kristen Bertucci is with the Recovery Partnership, a nonprofit that provides mental health recovery services in the Lehigh Valley. At last night's NorCo Council meeting, she provided a list of human services vendors who have received no or only partial payments from the county for the past five months as a result of the state's inability to adopt a budget. Her own staff has been laid off, and she wonders if they'll be there if and when the state legislature finally gets its head out of its ass. To make matters worse, she notes that SNAP (food assistance) benefits "for the most vulnerable in our community" have been suspended as a result of the federal shutdown. She said this deprives many people of their "most fundamental human need." The only constant she has observed is a "complete disregard" that taxpaying citizens receive from all levels of government. "These actions tell us that we don't matter, at least not as much as a bond rating or in comparison to a real estate taxpayer. " she concluded, and she's right.  The county has stopped paying human services vendors. Human services caseworkers, who investigate abuse claims against seniors and children, have possible furloughs hanging over their heads like the sword of Damocles.  Against this backdrop, County Council was being asked to give a 20-year real estate tax break amounting to as much as $29 million to an out-of-town developer with no experience. He has already received handouts from the state and wants even more.  The noble purpose of this largesse? Luxury apartments at the old Dixie Cup factory in Wilson Borough. He was able to find the money to buy the Planet Fitness building next to the Dixie Cup factory, but wants government to help him build high-end apartments. 

I'd say the only idiots who would support this type of obscenity would have to be snorting cocaine. In fact, that's precisely what Stan Margle, the Wilson Borough lawyer who pushed this project before County Council and insulted them in the process, is accused of doing. 

Last night, after months of delay between the developer and an industrial development authority, County Council was finally asked to voter on the matter.

Council member Jeff Warren bloviated over the phone and apparently thinks the tax break should be granted because his grandfather once worked at Dixie. He called this decaying hulk of a factory a historic building. He contended we already give tax breaks to multimillion dollar corporations "out the wazoo."  I'm uncertain how this argument is even logical, but there it is. His real argument is the promise that the apartments will be built with trade union labor. 

Other Council members had different views. John Goffredo said the county is making no payments for pensions this year and predicts it will soon have to raise taxes. John Brown argued that the developer's willingness to contribute $1 towards affordable housing is too low. Ron Heckman said he does not think a TIF should be awarded for one building with one developer. He said the county should be more concerned about human services. Lori Vargo Heffner said she's opposed to a tax break at a time when county finances are uncertain. 

County Council voted to reject the tax break in a 5-4 vote. Goffredo, Brown, Vargo Heffner, Heckman and Tom Giovanni voted No. Voting Yes were Kelly Keegan, Jeff Warren, Ken Kraft and Jeff Corpora. 

After the meeting, the county issued a news release attacking its own County Council. Here's a portion of the news release, using county resources to attack a branch of its own government:

“The council was presented with a straightforward plan to breathe life back into a site that has sat empty for 42 years,” said County Executive McClure. “They continue to prove themselves to be the most useless county council in home rule history.”

“At a time when action was needed, Council dropped the ball, turning a chance for progress into yet another chapter of missed opportunity.”

If he thinks this Council is bad, wait until next year. 

Frankly, there is no compelling reason for this handout. The only jobs it will produce will be temporary union jobs that will end once the apartments are complete.  It will make housing more unaffordable. Nearby landlords will increase their rents. And no one will see any increase in tax revenue for 20 years, if then. 

PJ Craig Dally Denies Ballot Challenges Filed by Cross-Filed Nazareth Area School Board Candidates

In a well-considered Opinion and Order issued yesterday, President Judge Craig A Dally denied petitions to correct ballot errors filed by Nazareth Area School Board candidates Wendy Whiteash and Linda Stubits. Both had cross-filed and expected to see their names listed under both parties, which is precisely how cross-filed candidates appeared on a ballot prior to the massage changes to the Election Code enacted in 2019. Instead, they were listed only once, as "Democratic/Republican," on the Democratic side of the ballot. They were listed on the Democratic side because cross-filed candidates are listed under the party of the Governor in office. Both are Republicans, and they argued that the way they were listed would discourage partisan Republicans from voting for them. Both candidates, incidentally, won their election on Tuesday. 

Though they acted pro se, Judge Dally notified the county of their concerns and conducted a two-hour hearing on Friday. Although he acknowledged that he has the authority to issue an Order to correct a "mistake or omission" in a ballot, he noted that he is also bound by strict rules of statutory interpretation that prevent a judge from disregarding the letter of the law under the pretext of "pursuing its spirit." He then went on to point out that the current Election Code provides that, for cross-filed candidates, "[t]heir name shall be printed once."

In a footnote, Judge Dally observes that the 2019 changes to the Election Code under Act 77 were the very same that instituted mail-in balloting as well as the elimination of straight party voting. He concludes this change "effectively eliminated the requirement to list cross-filed candidates on both sides of the ballot as voters could no longer vote for candidates only from one of the parties with a single mark or act." He also pointed out that Act 77 was challenged and upheld by the state supreme court. 

In addition, Judge Dally contends that this is matter that should have been brought to the Elections Commission. He received no evidence that the Elections Commission failed to properly review the ballot before the election.

I very much appreciate the time Judge Dally took to weigh these concerns, although I disagree with his conclusions. It is true that Act 77 provides that the name of a cross-filed candidate shall be listed once, but it never states that the name shall be listed "only" once. The conclusion that the name shall be published only once is itself a matter of statutory interpretation that goes beyond the language of the statute. 

It's also true that Act 77 eliminated straight party voting, but even if a candidate is listed under both sides as a Democrat and as a Republican, it is still impossible to vote straight party. This double -labeling just prevents voters from thinking that a cross-filed candidate whose name is listed under a Democratic Governor is actually a Democrat. It also would prevent voters from thinking that a cross-filed candidate whose name is listed under a Republican Governor is actually a Republican. 

I am aware that Act 77 has been upheld, but not on this issue. 

I'd agree that the Elections Commission would be the proper venue for this challenge in the first instance. But unfortunately, the Court was never presented with evidence that the Elections Commission was itself never provided with an opportunity to review the ballot. 

Finally, I'd contend, under Judge Dally's interpretation of Act 77, it violates the Pa Constitution requirement that all elections be "free and fair." There is nothing fair about penalizing a cross-filed ballot by restricting her to one side of the ballot. But unfortunately, courts have no authority to raise constitutional issues on their own and operate from a presumption that all statutes are constitutional. 

I'd hope that the state legislature revises Act 77 or that the language be challenged in a future action in which the courts and parties have more time to consider all issues. 

PJ Craig Dally Denies Petition to Correct Ballot Challenge Filed by Wendy Whiteash by BernieOHare

Unofficial Election Results - Dems Sweep Northampton County Races!

All Democrats running for county seats in Northampton County have prevailed. This is what the unofficial election results show as of about 10 pm on election night. There were 61,339 in-person votes and 28,587 provisional ballots cast, and turnout was 39.2%, substantially higher than the 32.5% turnout in the municipal election four years ago. This Democratic victory mirrors what has happened in New Jersey, Virginia, Georgia and New York City. Democrats have kept their majority on the Pa. Supreme Court as well. Though this is a municipal election, appears to be an indication that voters are unhappy with the course changes made by Republicans and Donald Trump on a national level.

It's a pretty clear message to Trump even though his name appeared on no ballots. Voters appear to be concerned about his expansion of executive power. They support the removal of illegal immigrants who have committed crimes, but do not support the tactics used by the cowboys with ICE against people who might be here illegally but are working hard.  They appear to be uneasy about the federal government shutdown, which has led to a suspension of SNAP.  They appear to be unhappy about the state shutdown, which has made it more difficult for Pennsylvanians with limited incomes to get to and from work. Ironically, this Democratic victory comes despite a recent poll reporting that 68% of Americans saying that Democrats are "out of touch." 

In NorCo, it was an uneventful race. Yes, there were some problems with mail-in ballots for one Easton City Council race. Yes, there is an unresolved dispute over the ballot configuration for cross-filed candidates. But the election itself ran very smoothly. I received only one complaint about the machines throughout the day. The complete results were posted online by 10:30 pm, which might be a county record. 

The top vote getter was Democrat Jeremy Clark, who handily defeated Republican James Fuller in the race for judge with 59.7% of the vote. This makes sense because Clark actually practices law in this county and ran a campaign. Fuller practices in Monroe County and was basically invisible

Democrat Tara Zrinski easily beat Republican Tom Giovanni in the Executive contest with 59.03% of the total vote. Zrinski is a seasoned campaigner who was actually able to raise money. This has previously been her downfall. Giovanni, who is admired and respected by both Democrats and Republicans who know him, failed to raise the money needed to reach voters. He also declined to debate Zrinski, which would have helped voters learn more about him. 

The Democratic sweep of the County Council races was a shock to me, as I expected John Goffredo and Sam Elias to win. Although the Lamont McClure faction of the Democratic party tried to squeeze Lori Vargo Heffner out, she was the top vote getter (48,658 votes), followed by former Gracedale administrator Dave Holland, Wind Gap Borough Council member Jason Boulette, Hellertown's Theresa Fadem won, despite doing nothing. Nadeem Qayyum came in fifth, even though he is a Democratic socialist and will no doubt try to pursue the same agenda his wife, Taiba Sultana, pushed in Easton.. 

Republican Sam Elias ran a great campaign but was still 9,000 votes behind the 5th place Dem. Incumbent Council members John Brown and John Goffredo decided to raise no money. That was a mistake. Both were defeated in their bid for re-election. 

The votes are still unofficial. I expect formal canvassing of the vote later this week and next week, at which time provisional ballots will be counted if valid. 

Democrats now will have a 8-1 advantage in NorCo Council in 2026, which should be smooth sailing for Executive Zrinski. 

In the only disputed Easton City Council race, Democrat Julie Zando-Dennis beat Republican Sharbel Koorie, 705 to 384. So even if 48 MIBs were improperly sent, which the elections office concedes is possible, it makes no difference. 

In the Nazareth School Board race, Linda Stubits and Wendy Whiteash won seats despite the way their ballots were configured as cross-filed candidates. 

Despite what appears to have been a blue wave as the pendulum swings from red to blue, there were Republican victories. Republican Rob Kemmerer defeated Democrat Ellen Kingsley in the Wind Gap area race for magisterial district judge with nearly 60% of the vote. Kemmerer is a former probation officer and had the support of many Democrats. 

In heavily Republican areas of the slate belt and northern tier, Republicans still won. Republican Janet Sheats defeated Democrat James Barnes for Supervisor.  Jonathan Erler beat Democrat Courtney Gilmour in Upper Mount Bethel. 

Judges Sam Murray and Paula Roscioli were easily retained.

NorCo's Mail-In Ballot Tally As Of 8:22 PM

The mail-in ballots are going predominately to Democrats. This will change as the returns come in from the precincts for those who voted in person. There were 28,587 MIBs counted (not including those being brought in from drop boxes today. 

Judge: Jeremy Clark has 21,346 votes to 6,802 for James Fuller in the judge contest, giving him 75.79% of the vote.

Executive: Tara Zrinski has 21,111 votes to 6.997 for Tom Giovanni, giving her a 75.06% of the total.

County Council: Democrats lead in the race for five seats. Dave Holland - 20,154, Lori Vargo Heffner - 19,986; Theresa Fadem - 19,348;  Jason Boulette - 19,245; and Nadeem Qayyum - 17.684. 

Magisterial District Judge: Ellen Kingsley is leading Robert Kemmerer, 1,375 to 924. 

UPDATED 9:45 pm: In the last Executive race, there were 22,672 MIBs total and 48,526 votes on election day. Total turnout was 32.50%. So far, the turnout this year is 31.7%. That figure should climb. 

As of 9:32 pm, with 29.7% of the precincts reporting, the Democratic lead is beginning to shrink but still holds strong in most races. Republican Bob Kemmerer has overtaken Ellen Kingsley in the Wind Gap area MDJ race. 

UPDATED: Any Problems at the Polls?

The turnout in this year's municipal race is expected to be light. This post exists so that you can report any problems you experience when voting in person. If you have any problems with the machines, or notice that machines are not operating properly, please share that information, stating both the location and time of your problem. If you experience improper influence inside the polling place, please share. Hopefully, all goes well. 

1:20 PM UPDATE: So far, reports have been positive. One Easton voter called me to state that she used the machine to select 4 of the 5 Democrats running for County Council, excepting Nadeem Qayyum. But when she prepared to cast her ballot, she noticed the light for the Republican candidate (Juan Martinez) on the opposite side of Nadeem was lit up. She went back and eventually got it right but is concerned that other voters may not notice this issue. She wonders if the machine gets glitchy when it gets moved. She contacted the elections office. 

4:30 PM UPDATE: I have visited five precincts in my area and have been told turnout is good for an off-year election. Nobody reported any trouble with the machines. Moreover, there have been no complaints in court of which I am aware. 

NorCo Elections Comm'rs Rebuffed in Attempt to Call Special Meeting Over Ballot Issues or Even Examine Ballot

In response to ballot issues that have arisen over mail-in ballots (MIBs) in an Easton City Council race and the ballot itself in school board races, all five members of the NorCo Elections Comm'n last week requested a special meeting for Monday. On Friday, they were advised that elections officials were too busy to conduct a meeting on the day before the election.

Yesterday, Elections Comm's Scott Hough and Julie Geissinger visited the elections office anyway and asked to see the machine ballot for the Nazareth Area School Board races. They were refused by Elections Registrar Chris Commini, but claim they were told the ballot would be made available if Executive Lamont McClure approved.

They went to his office and told the receptionist why they were there. Instead of meeting with them, Elections Comm'r Scott Hough claims McClure just walked out without acknowledging them. 

Under the Election Code, Elections Commissioners have an obligation to ensure that all ballots are accurately printed. (25 P.S. 2969). They also have the duty to "inspect systematically and thoroughly the conduct of primaries and elections in the several election districts of the county to the end that primaries and elections may be honestly, efficiently, and uniformly conducted." (25 P.S. 2642(g)). It appears they have been stopped from exercising their statutorily mandated duties. Moreover, all members of the public - not just elections commissioners - have the right to inspect the ballots (25 P.S. 2968). 

Judge Tosses Sultana Lawsuit Over Campaign Signs Calling Her "CRAZY CHAOTIC CRIMINAL"

Sultana Libel Ruling by BernieOHare

In a 23-page Opinion filed yesterday, Northampton County President Judge Craig Dally has tossed a defamation lawsuit brought by Taiba Sultana against PA CITIZENS PAC, a political action committee formed by immigration attorney Ray Lahoud. The lawsuit was filed in response to campaign signs that called her "CRAZY CHAOTIC CRIMINAL." The court also rejected defmation claims based on Facebooks statements that called her anti-semitic and a "complete nutcase," among other things. 

At the time these "CRAZY CHAOTIC CRIMINAL." signs circulated (before they were vandalized by her children), Sultana was an Easton City Council member seeking the Democratic nomination for the state house against incumbent Bob Freeman. She lost that race and was also defeated in a May primary to retain her seat on City Council. 

Judge Dally concluded (you can read his Opinion above) that these statements were mere opinions. "[S]uch assertions alone, while annoying, offensive, and rude, do not give rise to a claim for libel and further, do not imply the existence of any undisclosed defamatory attacks." 

In addition, the comments were made without the actual malice required for libel lawsuits brought by public figures. "[S]he has not established with clear and convincing evidence that the identified statements are actually false or that they were made with reckless disregard for the truth." In fact, Judge Dally notes that local news outlets reported on her missed meetings and the criminal accusations that she beat her adult son. He referred to a Supreme Court decision noting that those who enter the political arena "must expect that the debate will sometimes be rough and personal."

In her Complaint, Sultana contended that a PA CITIZENS PAC claim that Sultana has unpaid municipal liens comes from a "dubious source of information". That dubious source is me. While I plead guilty to being a bottom-feeder, I pride myself on giving you premium garbage. There are actually two open municipal liens against Sultana. One is for $1,592.63 and was filed 6/10/24 at 2024-ML-5167. The second, filed 4/18/24 at 2024-ML-3404, is for $922.24.   

She also failed to establish that she suffered any special harm as a result of being called names. She claimed she received unwanted online messages and lost her campaign for state house as a direct result of being called "CRAZY CHAOTIC CRIMINAL" but never produced either these messages or proof that she lost the election as a direct result of the campaign signs. "[T]his Court cannot conclude that her standing in the community has been grievously fractured nor speculate as to the impact of the publication of the statements on the outcome of the primary election."

Sultana was represented by Allentown Attorney Matthew Mobilio, but he withdrew from the case in October.  PA CITIZENS PAC was represented by Attorney Stephanie Steward of the Goudsouzian law firm. 

Ray Lahoud, who formed and funded PA CITIZENS PAC, had this remark: "I appreciate the Court's thoughtful analysis. Ms. Sultana protests about rights and freedoms for all, but is against those rights for individuals that oppose her beliefs. Shame on her."

Sultana told Lehigh Valley News that she intends to appeal. She accused Lahoud of defaming her "“to destroy an immigrant woman who dares to stand up for her community.”

Cross-filed Nazareth School Board Candidates Seek Judicial Relief Over Machine Ballot in NorCo

Last week, I told you that the machine ballot in the Nazareth Area School Board race is flawed because it actually penalizes a cross-filed candidate who has the nomination of both parties. I have since learned that this problem exists in multiple school board elections. On Friday, Linda Stubits and Wendy Whiteash, who crossfiled as Republicans and Democrats and secured the nomination of both parties, have sought changes to Northampton County's ballot by appearing in Motions Court before President Judge Craig Dally. They are listed on the Democratic side of the ballot but not on the Republican side. Both acted without lawyers, but the court conducted a two-hour hearing after making sure the county was present. When he rules on this matter, I hope to let you know.

To explain this county-wide situation a bit more clearly, let me stick for now with the three candidates in Nazareth. You can vote for two. Christine Stofko is running as a Democrat. Kathryn Roberts is running as a Republican. Linda Stubits cross-filed and is running as both a Democrat and Republican. 

This is what appears on the sample ballot. 

Stubits is listed on the Democratic side of the ballot, as she should be. But the county has refused to list her on the Republican side of the ballot, where she also belongs.

Let's say you're a hard-core Republican and will only vote for someone you know is a Republican. If you look at that ballot, you're only going to cast one vote, and it will be for Roberts. Stubits, who is also a Republican nominee, will miss out because she is listed on the Democratic side.

The county contends it is simply following the Election Code. It cites this provision: "Whenever any candidate shall receive more than one nomination for the same office, his name shall be printed once, and the names of each political party so nominating him shall be printed opposite the name of such candidate, arranged in the same order as candidates names are required to be arranged." (25 P.S. 2963d). 

Not that the statute provides that "the name shall be printed one," not "only once." Moreover, this provision needs to be read in conjunction with other provisions of the Election Code. It assumes that the ballot is in substantially the same form as mandated by the Election Code, which requires that the ballot should be organized by race, not party. (25 P.S. 2963a). In fact, it even provides an example of what the official ballot should look like. 

 

Northampton County's Mail-in Ballot (MIB) is arranged this way, The names of the political parties appear under the candidate, and are not opposite the name of the candidate, as required by the Code. The order in which the parties appear (Democratic/Republican) assumes that all the candidates are listed under the race together. There is no danger of voting twice for the same candidate. 

NorCo's machine ballot is completely different. For reasons that elude me, the machine ballot is arranged by party, not the specific race. Moreover, the machine ballot was never made available online for public inspection until weeks after the MIBs had been sent. Even more importantly, it was never sent for review and vote by the Elections Commission, which happens in Lehigh. This is yet another  mistake. Elections boards do find errors that can be corrected. My evil Republican brother, who serves on Lehigh's Board, tells me that members were sent copies of the proposed ballot, did find two errors, and then voted in public on approval of the corrected ballot. 

The assertion that the county has "always" arranged ballots under party is incorrect. One reader has sent me a copy of the 2017 machine ballot when he first ran for school board. He was listed under both the Democratic and Republican sides of the ballot. I would provide this example but am keeping his identity confidential.

This provision actually is one of the changes made under Act 77, adopted in 2019. I believe it has been misinterpreted by the county.    

County officials complain that if a cross-filed candidate like Stubits is listed on both sides of the ballot, she could get two votes. That is nonsense. The program underlying the sample ballot can be coded in a way that you can only vote once for the same candidate even if that candidate appears under both parties. 

I have reviewed the sample ballots for six counties. All of them appear precisely like NorCo's MIB. I have seen none prepared the way the county contends is correct, although I'm told the county did represent at the hearing that some counties follow the same practice as NorCo. 

Here's an example from Bucks. 

And another from Lackawanna. 

They arrange the ballot by race, not party. The ballot, as it appears on NorCo's voting machines, is simply wrong. 

Assuming that Stubits has standing and can show harm, she and other similarly situated candidates are entitled to relief. The Election Code specifically provides, "When it is shown by affidavit that mistake or omission has occurred in the printing of official ballots or ballot labels for any primary or election, the court of common pleas of the proper county, or any judge thereof, may, upon the application of any qualified elector of the county, require the county board of elections to correct the mistake or omission, or to show cause why they should not do so."

The way the ballot has been prepared is actually contrary to the dictates of the Election Code. Moreover, it violates a provision in the Pa Constitution stating they must be "free and equal." The ballot being used in NorCo actually penalizes a candidate for having the nomination of both parties.

There is, however, a logistical problem. There is no way that the county can fix this error and perform the necessary logic and accuracy testing on the machines before election day. So I doubt this can be addressed until after the election.  I would hope that happens, and the sooner the better. There is no doubt in my mind that a cross-filed candidate who appears only under one of the political parties is going to suffer.