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Friday, September 01, 2023

Lehigh County Elections Comm'n Nixes Allentown Citizen Initiative Deemed Illegal

 According to both The Morning Call and Lehigh Valley News, the Lehigh County Elections Board voted unanimously yesterday to reject a ballot initiative in which Allentown voters could decide whether to send social workers, as opposed to police officers, to respond to 9-1-1 calls. While nonresident Imogen Wirth called the decision an "assault on democracy," the Board was persuaded by city attorneys that the proposed ordinance was "plainly illegal."

Some of the legal problems with this initiative have already been pointed out by both this blog as well as numerous persons who opposed it when it was presented to City Council. For one thing, it spends $4.2 million that was never budgeted. It also places burdens on emergency dispatchers under the authority of the county and not the city. 

Of course, an appeal to the courts will be filed. Just as certainly, it will be denied. 

(Originally misposted on Wednesday instead of Thursday). 

13 comments:

Anonymous said...

It's refreshing to see dumb Allentown gets a legal lesson to address its low intellect and lack of civics education. What a cute band of special idiots those citizens are. Meanwhile, their town is a shithole and getting shitholier by the day. F the police! Yeah, like that. Enjoy your doom spiral. You so richly deserve it. Build a wall (around Allentown)!

Vladimir Ill-itch said...

If C(riminal) C(lueless) Gerlach and Imogen Wirth(less) are against the ruling, then that means it's the right ruling. Good call, Board.

"Assault on Democracy"; let me translate: "My radical far-left wing idea was exposed for the stupidity it encumbers and now I'm going to throw a temper-tantrum."

Anonymous said...

I couldn't disagree more with the underlying ballot initiative, but the Lehigh County Elections Board is flat-out wrong in their decision.

I don't think that there is any dispute that those proposing the ballot initiative met the requirements and put forth their ballot question in a legal manner in order for it to appear on the November ballot. In short, they followed the legal process (not an easy one) to get the question on the ballot, as spelled out in the City’s Home Rule Charter. That is the extent to which the Elections Board should concern itself with in this matter.

The Board's domain isn't to rule if the result of a question passing would be legal or not, and as such they have short-circuited the democratic process and citizen involvement in city government, as outlined in Allentown’s governing document (the Allentown HRC). There is no conflict with any law by putting the question on the ballot. It's only after the people vote that there is the POTENTIAL for a problem.

In this instance, if the ballot initiative appears in November and fails, there is obviously no problem. But if it passes, there is still nothing illegal unless someone tries to force the COUNTY to adhere to the CITY election result. It would be at that point that it MIGHT be appropriate to get a court involved, but any arguments should be made then, in a court of law. Not decided by an Election Board before the voters have spoken.

But even if it does pass, the county and supporters of the measure have many options that wouldn’t force the issue into a court, including:

1) The county commissioners could agree to implement the proposal county-wide. Yes, this could possibly force enormous costs on smaller municipalities and open the county 911 dispatch center to tremendous liability, but it is an option.

2) The county commissioners could tell Allentown that it will not implement the proposal, since the voter initiative is not binding on county government.

If the latter happens, supporters could then try to force the City (and County) to implement their proposal without getting a court involved. This could include forcing the city to pull out of the county 911 system and (re)start their own (again, tremendously expensive), but an option since the proposal would have already been passed and is binding on Allentown. Or supporters could even then try to get a county ballot measure on an upcoming ballot to force approval of the proposal at the county level. Or supporters could work to change the Board of Commissioners to a group that would support implementation at the county level.

What elected officials in Allentown (through their attorneys) and the Elections Board did yesterday was short-circuit that entire potential democratic process if the measure were to be approved by the voters in the November election. That is wrong.

The Initiative and Referendum process in the city's Home Rule Charter is there to allow citizens to directly participate when their elected officials are not acting according to what they perceive as the will of the people. The Elections Board is not there to rule on the legality of the POSSIBLE OUTCOME as argued by the very people (attorneys sent by the Allentown Mayor and City Council) that the process is designed to circumvent by taking an issue directly to the voters.

Instead of sending their lawyers to the County Elections Board, the Mayor and Council members should be out in public explaining to VOTERS why this is a bad idea and needs to be defeated.

As much as I despise the proposal, I hope those supporting it prevail in their appeal and get their question on the ballot. This isn't the first time the Elections Board has been used to thwart a valid ballot question before it gets to the voters, and that needs to stop.

Anonymous said...

6:29 - It is a tremendously stupid idea.

That said, it's not the place of the Elections Board to make that decision.

That's up to the voters of Allentown.

Anonymous said...

Sadly, this is a laughable idea on so many levels. Think of it, do you really want the voting public of Allentown determining emergency procedures of a police team? Input, yes. Legislative resolution, no. This is an issue for the police and mental health professionals need to workout with public input. Think of what could happen if Allentown drivers could vote on the procedures involved with stop signs and right-turn on red laws- it would be— as bad as it is…. Allentown needs more police presence, not less. The problem is that the police have no way of knowing who has guns and who doesn’t.

Anonymous said...

"It's refreshing to see dumb Allentown gets a legal lesson to address its low intellect and lack of civics education."

Anonymous 6:25: You should know that this initiative was largely driven and managed by non-residents. Instead of taking shots at Allentown residents for having low intellect and lack of civics education, please direct those comments towards individuals such as Lower Macungie Township resident Imogen Wirth, the spokesperson for those pushing this referendum on Allentown citizens to satisfy their own liberal agenda. These individuals have a de-fund the police agenda and they used Allentown as their project, no doubt misleading many residents who signed those petitions.

Anonymous said...

The initiative was approved by Allentown's electorate. Allentown's City Council contains at least one "F*** The Police" member who was also approved by Allentown's electorate. Woke outsiders can't vote in Allentown elections. You are what you do. Allentown has done this. Have I gotten any of my facts wrong?

Anonymous said...

12:29 - Agree that there is blame to go around, but the initiative petitions were all signed by Allentown residents.

To your larger point, this ballot initiative (and Allentown itself) is not something that people living in the suburbs can ignore. I don't think anyone is going to argue that the suburbs around Philly have gotten any better as that Philadelphia moved further to the left.

Once they get this done in Allentown, they'll aim for it at the county level or even the township/borough levels.

Think it can't happen there? I'd encourage you to take a look at the registration in Lehigh County and the actual vote totals (by party) coming out of Emmaus, South Whitehall and Lower Macungie. It's not beyond imagination in those places either.

Elections matter.

Anonymous said...

Hopefully this will end before it becomes a legal cat fight

Anonymous said...

Obama is running the country with your incompetent President !

Anonymous said...

"Obama is running the country with your incompetent President !"

You caught us. Yes, Obama actually dons a latex Joe Biden disguise to pose as POTUS. You MAGAs are SO smart!

Anonymous said...

Bunch of left wing nut jobs in Allentown. 🤪 How far this once great city has fallen. 😭

Anonymous said...

I am a rare bird. A Republican who lives and pays tons of taxes in the City of Allentown. Thank God this insane referendum will not make it to the ballot box. Too many of our citizens are Democrat sheep who vote the way their party tells them to vote. And the morons they elected on city council have stirred up anti-police sentiment. I feel like I am in a political Alamo!