How Did Lehigh County's Board of Elections Handle Provisional Ballots?

According to a highly suspect member of Lehigh County's Board of Elections, whose credibility is diminished by virtue of the fact that he happens to be my brother, Lehigh County rejected all provisional ballots that were not signed by the voter. But they accepted provisional ballots that were signed by the voter but not signed by elections officials. Their rationale is that, in the latter case, the mistake was theirs and they did not want to disenfranchise a voter over their own error. 

Pennsylvania's election law requires that a provisional voter "shall" sign an affidavit attesting that the provisional vote is the only one he is casting, and also "shall" sign the provisional ballot envelope. The reason this is mandatory and not simply directory is that, during the canvass, elections officials must compare the voter's signature with his registration signature.

The Pa Supreme Court has already ruled that provisional ballots must be rejected if they are left unsigned by the voter. 

The law is less clear when it comes to the signature of the judge of elections and minority inspector. It does include an affidavit "Signed by Judge of Elections and minority inspector", but I see nothing in the statute itself that requires their signature. It does require them to state the reason for casting a provisional ballot, and Department of State Guidance calls for their signatures.  How can the ballot be properly canvassed unless the reason for the provisional ballot is made clear by the judge of elections and minority inspector? Also, how does one know that the voter really signed the ballot unless it is attested to by the judge of elections and minority inspector? 

I agree with Republicans on this one. This means they will likely lose. 

Why NorCo Should Wait Before Borrowing $65 Million

Last week, Northampton County Council voted 5-4 to reject a $65 million borrowing plan in the form of municipal bonds to cover the cost of a new parking deck, county office building, updated radio system for first responders and other capital projects that include improvements to the Civil War era jail. Because I believe these are all needed, I would have joined Council members Ron Heckman, Jeff Warren, Kelly Keegan and Ken Kraft in voting Yes. But the five Council members who voted No might have done us all a favor. Instead of full speed ahead, we might wish to lower the sails of SS NorCo County until the winds die down following Trump's election as President. 

According to Governing, Trump tariffs and renewed tax cuts means a larger federal budget deficit and increased inflation, and that means higher interest rates on municipal bonds. In fact, that's what has been happening over the past two months. 

In an attempt to reduce the increased deficit caused by renewed tax cuts and tariffs, Bloomberg reports that some Republicans are considering the elimination of tax-exempt municipal bonds, under which investors pay no tax on the interest earned. Though the likelihood of this happening is small, Republicans now control all three branches of government. 

Even if the tax exemption for muni bonds is untouched, there is likely going to be less demand for them. That's because of a reduction in corporate taxes, favored by Trump and his Republican government.

In the short time since Trump's election, interest rates on muni bonds have soared. Once things have settled down, the actaul cost to taxpayers of a borrowing plan will be more certain. Right now it is not. 

NorCo Elections Comm'n Sued Over Decision to Count Provisional Ballots Missing Signatures

Northampton County's Elections Comm'n has been sued by Dave McCormick as well as state and national Republicans over the Comm'n's decisions to count 22 provisional ballots missing the statutorily required signature of the voter as well as 73 provisional ballots that failed to include the required signature of the judge of elections and minority inspector. (You can read the Petition for Review below)

Provisional ballots are paper ballots cast at the precinct on election day. They are used when a voter's eligibility to vote is questionable and also when a voter decides to spoil a previously requested mail-in ballot so he or she can vote in person. The voter's eligibility is determined during the canvass that follows voting on election day. 

In what is technically called a statutory appeal, McCormick argues that the Elections Code unambiguously requires that affidavits to provisional ballots "shall" be signed by the elector, judge of elections and minority inspector. This is mandatory, not precatory. 

In addition to violating the plain language of the Elections Code, Republicans argue that the Elections Comm'n violated the Equal Protection Clause in both the state and federal constitution. This is because some counties have followed the law, resulting in varying standards from county to county about what exactly is a valid vote.

President Judge Craig Dally has scheduled a hearing on the statutory appeal for Thursday, November 21, 11 am, Courtroom 5. 

In a related matter, the Pennsylvania Supreme Court on Monday ruled 4-3 to direct county boards of election that undated and/or unsigned mail-in ballots must be rejected. This will be the third time the Supreme Court has made this decision in this election cycle. Governor Josh Shapiro, a Democrat, agrees with this decision. He believes that ignoring the plain language of the Elections Code undermines public confidence in our election system. 

Justice David Wecht, another Democrat, sided with the majority. Quoting Justice Felix Frankfurter, he reasons that [i]f one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny. . . . The greater the power that defies law the less tolerant can this Court be of defiance."

McCormick vs. BOE by BernieOHare

Republicans Ask Pa Supreme Court To Enforce Mandatory Date Requirement on All MIBs

Though November's election has pretty much been a red wave, incumbent Democratic Senator Bob Casey has an outside shot of snatching victory from the jaws of defeat once all mail-in ballots (MIBs) and provisional votes are counted and re-counted. Both the state and Republican National Committee are taking no chances. They have sued all 67 counties in the state supreme court and have asked that King's Bench powers be exercised to prevent undated MIBs from being counted, as some counties have already done. 

On Oct 5, the Pa Supremes ruled it “will neither impose nor countenance substantial alterations to existing laws and procedures during the pendency of an ongoing election.” On November 1, it specifically ordered that the mandatory date requirement “shall … be applied to the November 5, 2024 General Election.”

Republicans argue that changes in election rules adopted close in time to Election Day “themselves result in voter confusion and consequent incentive to remain away from the polls.”

Six counties (Bedford, Blair, Butler, Clarion, Susquehanna and Tioga) have filed responses agreeing with Republicans that undated or misdated MIBs must be rejected. 

Philadelphia, Montgomery and Bucks Counties have responded that rejecting these votes would violate the Free and Equal elections clause of the Pa. Constitution. They also argue that King's Bench powers are unnecessary because this matter can be resolved through the normal appellate process. 

Senator Bob Casey has intervened to state that undated ballots must be counted. And the Pa Department of State has asked to file an amicus brief. 

These are just the latest salvos in a judicial system that has failed to respond conclusively to the question whether undated MIBs should count fior several years now. 

NorCo Council Members Exalt Politics Over County's Best Interests

At last week's meeting, Northampton County Council voted 5-4 against a bond that would have financed a new parking deck, a new county office building at the courthouse campus and other projects that include improvements at the jail and a new communication system for first responders. During discussion before the vote, it was pretty clear that a majority of Council, if not all nine, support the new parking deck. But members like Jeff Corpora and Lori Vargo Heffner were unsold on the need for a county office building. They suggested delaying the vote and reviewing options that included a delay on the county office building while the parking deck gets built. But Jeff Warren insisted on a vote then and there, knowing damn well the votes were inadequate. So instead of getting a badly needed parking deck that is actually a matter of public safety, the county gets nothing.  Why would Warren insist on a vote he knows would lose? The answer is simple. Politics. Instead of acting in the best interests of the county, he is hoping to make this bonding as well as the employee health center a political issue in next year's election. 

As if acting on cue, Warren ally Kelly Keegan blasted other Council members the day after the vote, reminding everyone that there will be an election next year. On her public Facebook page, she tells her followers, "You don't have to read the newspaper. A lot of people just don't read any more." Then she provides this assessment of other Council members. 

Jeff Corpora: "says and does nothing."

Tom Giovanni: "says and does nothing."

John Goffredo: "thinks he can literally solve every single problem that there ever was. That's how arrogant he is." 

John Brown: "didn't know that when interest rates go down, bond rates go up, so Ken Kraft had to remind him of that. He should know that. He was the county executive at one time who also raised taxes." 

Lori Vargo Heffner: "who does nothing as a leader to try and have any type of unity between all of the council."

I's like to know how Keegan is trying to have any unity when she slurs five other Council members. 

What I really find detestable are references to Tom Giovanni or John Goffredo using Mafia-type names. This is an insult to their Italian ancestry, and I am astonished that they come from the party of tolerance. I will no longer publish these ethnic slurs. 

Also, the notion that the electorate will want a $63 million bond or an employee health center is a bit absurd. I support both projects, but that's precisely because I do read. Kelly Keegan would prefer thsat you don't.  

NorCo Council Member Ken Kraft Has Skipped Three of Three Budget Hearings

Northampton County Council has the power of the purse and adopts the budget every year. It's probably its most significant function. The budget is adopted after hearings that go through each department's expenditures. Council members might make changes known as budget amendments but that's impossible if you're not there. Thus far, Council member Ken Kraft, who is retired, has skipped every budget hearing. This is the same guy who wanted to be Council President.  He's also the same guy who made several misrepresentations to the President Judge when trying (unsuccessfully) to have his own choice for a Council vacancy filled. 

Commonwealth Ct Affirms Finding that UMBT Supervisor Is Unethical

Pennsylvania's Commonwealth Court, in a ruling handed down on November 8, has affirmed a state ethics commission finding that Upper Mount Bethel Tp Supervisor David Friedman is unethical. Specifically, the Court found that Friedman acted unethically when he voted twice against seeking legal fees in an unsuccessful lawsuit against the township in which he was one of the suing plaintiffs. He voted twice in a matter in which he himself had a direct and personal financial interest.  The Court was also highly critical of "myriad and substantively significant" defects in Friedman's brief on appeal, which was filed by Bethlehem lawyer Chris Spadoni.

Spadoni's brief was so bad that Judge Fizzano Cannon, writing for the Court, stated "that this Court, like the Commission, is uncertain what arguments Friedman is asserting, how he believes the record supports those arguments, and on what legal principles and authorities he is relying as support.

Frankly, anyone who is in public office should know that it is unethical to vote in a matter in which you have a financial interest. Yet that's precisely what Friedman did when he twice voted against a motion that would have authorized UMBT to collect over $9,000 in legal fees incurred in defending a lawsuit in which he himself was one of the unsuccessful litigants. 

It is even more appalling to read of a "flagrant disregard" of the rules of appellate procedure, especially after they were brought to the attention of Friedman's attorney. 

That lawyer, Chris Spadoni, is also the Solicitor of NorCo Council, and has been giving them advice on potential conflicts of interest.