President Judge Dally Conducts Hearing on Challenged Provisional Ballots

At last night's meeting of NorCo Council, Executive Lamont McClure advised our elected guardians of the public purse that the recount in the U.S. Senate race is nearly finished and will be complete tomorrow. But the Elections Commission will be unable to certify the election until outstanding objections to 195 provisional ballots are resolved by President Judge Craig Dally. Those objections were filed by Lansdale Attorney Britain Henry on behalf of then Senate candidate David McCormick as well as the RNC and state Republican party. 

Senate candidate David McCormick is now a Senator-elect. Incumbent Bob Casey conceded yesterday, but not before imposing all kinds of extra work on 67 elections boards, which have spawned numerous county and state challenges to both mail-in and provisional ballots. He's kept lawyers busy, but his intransigence did little to assuage public confidence in our elections system. 

Yesterday, President Judge Craig Dally heard the challenges in a courtroom in which lawyers and party wonks outnumbered the public 2 to 1. Attorney Gary Asteak intervened on behalf of Senator Casey and Democrats, apparently unaware that Casey would be throwing in the towel later that day. Attorney Jacob Shelly, a "voting rights litigator," was there on behalf of Democrats. Attorney Rick Santee, former Solicitor to the NorCo Elections Commission, was representing the county Democrats. Finally, Attorney Michael Vargo was there as the current Solicitor for the Elections Commission. 

If nothing else, the hot air generated by these five lawyers should reduce heating costs at the courthouse for the next several months. 

I previously told you about Henry's petition. Since that time, he's amended it, and Judge Dally will no doubt be deluged with briefs on a matter that is, for all intents and purposes, over. Given Casey's concession, it could be argued that this matter is now moot. That doctrine is inapplicable to situations that can be repeated yet evade judicial review. Another exception is when the matter involved is one of public interest. 

Judge Dally distilled the objections as involving three questions:

1) Should the Court accept provisional ballots from 5 voters who checked in, but were unable to stand in long lines to vote by machine because of work and doctor appointments?

2)  Should the Court accept provisional ballots from 26 voters who failed to sign the provisional ballot envelope, even though the judge of elections and minority inspector attested to these nonexistent signatures?

3) Should the Court accept 164 provisional ballots properly executed by the voters, when either the Judge of Elections, Minority Inspector or both failed to attest to the electors' autographs? 

Let's review the testimony and argument. 

1) Should the Court accept provisional ballots from 5 voters who checked in, but were unable to stand in long lines to vote by machine because of work and doctor appointments?

This is what happened at Bethlehem 1 North, which is at the Cathedral Church of the Nativity. Judge of Elections Michael Kraylik, who testified by phone, told Judge Dally that there was only one voting machine at this location, and that turnout was "unbelievable." Waiting time varied from 45 minutes to 2 1/2 hours. He called the elections office multiple times to request another machine. 

He explained that when voters arrived, the first thing done was to check them in. Elections workers would look for the person's name, find it, and have the person sign in. Then the person was handed a slip of paper and would stand in line until the machine was available. 

Once a voter checks in, he is expected to stay and vote. What sometimes happens, even in light turnout elections, is that a voter leaves the booth thinking he has voted, but he has not. If elections workers can catch this voter before he leaves the voting area, he can be called back and asked to finish. But once he's out that door, it's too late. He will be checked in as having voted, but the final tally for the night from that machine will show that there is one less vote than the number of voters who checked in. This situation is known as the fleeing voter. 

In this case, the voters made clear they were unable to remain. Kraylik called the elections office, and Deputy Registrar Amy Hess instructed that these voters should be allowed to vote provisionally and the determination whether these votes should count would be made during the canvass.

Kraylik stated that all 5 of these were registered voters and eligible to vote in that precinct. All properly signed the provisional ballot and presented ID. All attested that they had not already voted. Kraylik himself stated he was sure they did not vote on the machine. 

If they had voted on the machine as well as provisionally, the tabulation from the voting machine would have reflected these additional votes. It would have shown more votes than the number of people who checked in. 

Attorney Henry insists these provisional ballots should be rejected. He noted that the five voters in question were not in court, adding there is a real danger that they could have voted twice. But Attorney Asteak countered he court would have to reject the credibility of the elections judge to reach that conclusion

Judge Dally was concerned whether the statute providing for a vote by provisional ballot (25 P.S. Sec. 3050) is limited. The statute provides provisional balloting should be available for an elector "who claims to be properly registered and eligible to vote at the election district but whose name does not appear on the district register and whose registration cannot be determined by the inspectors of election or the county election board." But Attorney Shelly argued that there is no real limitation. The Election Assistance Commission has stated in its guidance that provisional ballots are a "safety net" or a "fail-safe" for the voter and can be cast "for a variety of reasons."

2)  Should the Court accept provisional ballots from 26 voters who failed to sign the provisional ballot envelope, even though the judge of elections and minority inspector attested to these nonexistent signatures?

Attorney Henry argued that the law is "extremely clear" and "unambiguous," and he's right. It actually requires the voter to sign twice. There's this: 

Prior to voting the provisional ballot, the elector shall be required to sign an affidavit stating the following:

I do solemnly swear or affirm that my name is __________, that my date of birth is __________, and at the time that I registered I resided at __________ in the municipality of __________ in __________ County of the Commonwealth of Pennsylvania and that this is the only ballot that I cast in this election.

Signature of Voter/Elector

Current Address

Check the Reason for Casting the Provisional Ballot.

Signed by Judge of Elections and minority inspector

And this: 

After the provisional ballot has been cast, the individual shall place it in a secrecy envelope. The individual shall place the secrecy envelope in the provisional ballot envelope and shall place his signature on the front of the provisional ballot envelope. All provisional ballots shall remain sealed in their provisional ballot envelopes for return to the county board of elections.

The statute also provides that a provisional ballot must be rejected if either of these required signatures are missing and even requires canvassers to compare that signature to the voter's registration form. That obviously is impossible if there is no signature on the provisional ballot.  

And if that's not enough, there's the Pennsylvania Supreme Court, which ruled on this precise question in September. Its conclusion that the language in the statute is mandatory, and notes that the legislature itself has prescribed that a provisional ballot without the required signatures must be rejected. The legislature itself has determined that a ballot with no signature is fatally defective. 

Attorney Shelly argued that refusal to allow these provisionals is "constitutionally intolerable," referring to the "free and equal" elections clause. But the Supreme Court has previously rejected this assertion. "[W]e are not persuaded constitutional principles require us to ignore such statutory requirements. Although the Board references this Court’s pronouncement that voting regulations may not “deny the franchise itself, or make it so difficult as to amount to a denial,” Winston v. Moore, 91 A. 520, 523 (Pa. 1914), the Board does not indicate how a statute that requires an elector voting by provisional ballot to sign the ballot’s outer envelope denies the franchise or makes it so difficult as to amount to a denial."

Attorney Vargo told Judge Dally that Attorney Henry wants to "have his cake and eat it, too." He noted that while Republicans challenged 26 provisionals, they made no complaint about others with the same defect. Presumably, Vargo is insinuating that Henry would challenge Democratic provisionals with no signature but would allow Republican provisionals with the same defect to slide. 

Henry responded with what basically amounted to "So what?"

3) Should the Court accept 164 provisional ballots properly executed by the voters, when either the Judge of Elections, Minority Inspector or both failed to attest to the electors' autographs? 

Although Attorney Henry insists that the statute requires signatures from both the Judge of Elections and Minority Inspector, you can see for yourself that the mandatory language that applies to the voter is missing for elections officials. Attorney Vargo noted this in his argument to Judge Dally. In fact, while the statute specifically provides that a provisional may not be counted if the voter's signature is missing, it makes no such requirement of elections officials. 

Attorney Shelly told Judge Dally that the five county courts that have considered this issue (Philadelphia, Bucks, Monroe, Chester and Erie) have ruled that those ballots must be counted. "Voting is not supposed to be a trap or an obstacle course," noted Shelly. 

Attorney Santee cited a Commonwealth Court ruling that a voter should not be penalized for "reasonable reliance on a representation, misrepresentation or mistake by an employee or representative of the Board of Elections."

When will Judge Dally decide this case? Quickly. He asked that briefs be in by Monday. 

I felt a little bad for Attorney Shelly after everything was over. I thought Gary Asteak or Rick Santee might treat him to a sandwich or something, but they took off and he was wondering up and down the parking lot because he was unable to remember where he parked. I told him it was in Monroe County. 

Easton School Director to Seek Southside Seat on Easton City Council

Susan Hartranft-Bittinger, an Easton Area School Director since December 2017, has decided to run for Easton City Council southside regional seat currently held by Taiba Sultana.

Bittinger's second term as a school director ends at the end of next year. She graduated from Easton Area High School and is a Certified Insurance Service Representative. She has been employed by HMK Insurance for over 21 years and is currently a senior claims administrator.  

Sisan is a lifelong resident of the southside, and lives in the same home her parents bought over 60 years ago. She has two sons and three grandchildren. She states, "Southside Easton deserves to have a representative that will work for them with no other agenda than making our part of this City the best it has ever been. I am a Southside Girl born and raised and I am truly committed to my City."

It's unclear whether incumbent City Council member Taiba Sultana plans to seek re-election. In fact, it's unclear whether she still lives on Easton's southside. 

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. 

Who Will Replace Judge Anthony Beltrami on NorCo's Bench? Part 2

Yesterday, I identified potential candidates to succeed Judge Anthony Beltrami, who is rumored to be stepping down at the end of his term next year. Since that time, I've heard that some of the people I mentioned have no desire to run, while others I failed to mention are considering that black robe. 

I'm told that Magisterial District Judge Sandra McClure, Bethlehem attorney Vic Scomillio and Easton lawyer Nancy Aaroe have ruled out a race at this time. Also, I need to clarify that Lisa Tresslar is entirely my own suggestion. She has told me several times, to my chagrin, that she has no desire to sit on the bench. 

One of the new names I've heard is Joe Kelly, an aide to State Senator Lisa Boscola. I won't hold my breath. I hear his name every time an office pops up, and he never runs. 

Then there's Magisterial District Judges Alan Mege and Rick Yetter. I think Mege should consider his parental duties first. He was parking in a spot reserved for expectant mothers, so I assume he must have recently given birth. And as for Yetter, I'm still trying to figure out how he ever passed the bar exam. 

One promising name I've heard is Rory Driscole, a prominent and highly regarded criminal defense lawyer. 

Who Will Replace Judge Anthoy Beltrami on NorCo's Bench?

According to several sources, NorCo Judge Anthony Beltrami plans to step down from the bench when his term is up at the end of next year. We'll know for sure when he notifies the Administrative Office of Pa Courts whether he plans to seek retention. His scholarly judicial opinions, among the finest I've ever read, will be missed. But he'll be able to devote more time to what he loves - harness racing. He's ranked as one of the best drivers in the country.  Who will replace Judge Beltrami if he does step down?

I've heard several names. Bob Eyer, who is currently the First Assistant DA, is one person. Others include Jeremy Clark, an Assistant City Solicitor, and Magisterial District Judges Vivian Zumas and Sandra McClure. There's also Nancy Aaroe, who ran a spirited campaign for judge last year, and Vic Scomilio, a Bethlehem lawyer and former county solicitor who has waged two campaigns.  

I believe a McClure candidacy would be terrible optics at a time when her husband is seeking a third term as Executive.   

Lisa Tresslar, NorCo's former custody master, should run. She is a Harvard Law grad and was Editor of the Law Review. It would put her on an even footing with three judges whose views on child custody differ starkly from hers. Moreover, she is a conservative Republican whose legal brilliance is admired by many Democrats, including me. 

Molovinsky Reports Zucal Plans to Run For Allentown Mayor

Blogger Michael Molovinsky has reported that Ed Zucal, a retired cop who currently sits on Allentown City Council, plans to announce his Mayoral bid on November 19. It's hard to see how incumbent Matt "Pee Wee Herman" Tuerk can be re-elected since he's alienated just about everyone. But Allentown citizens are the same voters who routinely re-elected Edwin "Fed Ed" Pawlowski, even after he was indicted. Molovinsky believes Tuerk will be "hard to beat" in the primary, which in a one-party town is the election. I believe Zucal has spent most of his time on Council over the past two years attacking Tuerk, which I believe is counterproductive. 

One of my readers has this assessment of Allentown's Mayor and City Council: "I have lived in Allentown through several mayors. Tuerk is by far the worst. He truly isn't qualified to run this city. Nor is Boyer, Genesis, those in H.R. Then Kistler is a yes woman to the mayor. Council is awful. Santo [Napoli] couldn't be more bought by the mayor. "well l, I mean, I own a business and I know hard it is to find good workers" blah blah. [Candida] Affa- let's scream at everyone and say negative things under her breathe. [Daryl] Hendricks- "I was a police officer for 30 years, I served this city." Okay but irrelevant, times have changed. CeCe [Gerlach]- police get nothing, [Natalie] Santos- is it my turn to vote? Otherwise I won't speak. [Ed] Zucal- let's call the mayor out on everything, [Cynthia] Mota- I know the right thing to do, but I am gonna vote against it or for it. Guys what is going on here!!! No one has blasted the mayor for making Allentown a viral comedy. We all look awful. Next council and mayoral elections will certainly bring new people."

I agree with everything this reader said except for his last sentence. I believe the new Council will be very much like the old Council, perhaps even worse. 

NorCo Council Adopts 30-Day Open Burn Ban, With Exception of Easton Bonfire

At their Thursday night meeting, with the recommendation of both the District Forester as well as a dozen county fire chiefs, NorCo Council adopted a 30-day open burn ban that covers the ignition and subsequent burning of any combustible material (garbage, leaves, grass, twigs, litter, paper, vegetative matter or any sort of debris) out-of-doors either in a burn barrel, fire ring or on the ground. The use of propane gas stoves, charcoal briquette grills or tobacco in any form is not covered in the resolution. Campfires in fire rings which confine and contain the fire are allowed in designated state, federal or Department of Environmental Protection licensed campgrounds.

At the request of Council members Jeff Corpora and John Goffredo, an exception was granted for Easton High School's annual bonfire so long as the local fire company and police department agree, 

Executive Lamont McClure noted that the county received only 0.02 inches of rain in October, A wildfire sparked in the Blue Mountain in early November went through 600 acres of forest lands before being contained. 

NorCo EMS Director Todd Weaver told Council that since October 1, there have been 140 burn complaints and 76 dispatched brush fires. There have also been 29 smoke odor complaints. 

Council member Tom Giovanni asked Weaver what someone can do if he is driving along a highway and sees someone flick a lit cigarette onto the roadway sand dry grass beyond. Weaver answered that if you get the plate number, contact local or state police, who will cite the offending driver. He added that DCNR can also hold someone who starts a brush fire completely liable for the cost of suppression. 

Veterans Day Events

Monday, Nov. 11^th - Veterans Day Ceremony at Hackett Park, Easton, PA, 10:30AM

Monday, Nov. 11^th at 11:00AM - Williams Township Veterans Memorial at 655 Cider Press Road, Easton, PA.

Monday, Nov. 11^th at 12:00 Noon - Veterans Day Celebration at Victory House of LV - 314 Fillmore St, Bethlehem, PA 18015.

Monday, Nov. 11^th at 1:00PM - Marine Corps League Parade the Civil War cannon on S. 17th and Washington Streets, Easton PA, ending at Warrior Lane, Wilson HS, weather permitting with the Wilson HS marching band.

Tuesday, Nov. 12^th at 11:00AM - Veterans Day Recognition Ceremony at LVHN - Cedar Crest, 1200 S. Cedar Crest Blvd, Allentown, 18102.

 

The Brown & Lynch American Legion Post 9 is accepting $55 donations to dedicate a brick inscribed with the name, service dates, and detail of a person dear to you to show appreciation and support of our Veterans. The bricks will be displayed at the forthcoming memorial at the Legion Post at 2260 Corriere Road in Palmer Township, PA. 

NorCo Council Votes 5-4 Against Bond For New Parking Deck and Office Bldg at Courthouse Campus

At last night's meeting, Northampton County Council voted 5-4 to reject a $63.5 million bond for a new parking deck and 3-story office building at the courthouse campus, as well as a $14 million contingency for other projects that include a new roof at the jail and P-25 radio equipment, costing $6 million. The vote followed presentations made by several cabinet members.

Public Works Director Mike Emili brought a chunk of concrete that recently fell from the parking deck to match another chunk he displayed to County Council a year ago. The parking deck was built in 1975, and is nearing 50 years of service, well beyond its 35–40-year lifespan. In 2008, the county studied the possibility of adding new levels, but engineers determined that it would fail current seismic requirements and that there was a lack of footings at several locations. Over the years, the county has attempted to repair the parking deck, but there are still numerous leaks and falling concrete. 

Emili noted that this falling concrete is particularly bothersome because, while unlikely, csomeone could get killed. 

Emili also addressed the proposed 3-story office building. He noted that the elections office is operating at four different locations. With the new office building, they would have the entire first floor. It would free up space in the Human Services building by moving Community and Economic Development from its current location at Human Services to the new building. It would also free up space for the DA's office, which is "bursting at the seams." 

The parking deck and new building combined would cost a little over $43 million. The county would also use the bond proceeds to refinance the 2021 GESA project (Guaranteed energy savings), leaving $14 million for additional projects that include a $6 million P-25 communications system for first responders as well as jail renovations. 

Administration Director Nicole Pietrzack, who oversees the elections office, called the current layout of the elections office(s) "an absurdity." She noted that 7,000 people voted ballot on demand (sometimes called early voting) in the most recent election, including 1,100 voters in one day. "There were people lining the hallway on either side, two to three people deep, all the way to the end of the hallway and down to the cafeteria. ... For a third-class county, this is just unacceptable." 

Human Services Director Sue Wandalowski brought pictures showing that four conference rooms, two interview rooms, several storage areas and a family visitation room all had to be converted to office space.

Council member John Goffredo was unmoved by these arguments. He suggested that the county add a level to the Human Services Building. When this is prohibited by zoning, he suggested seeking a variance. "We are going to build a palace for an exorbitant sum of money," he warned. He also complained that County Council was never informed of any need. "All of a sudden this came to us  .... We'll be called obstructionists of we don't go along with this."  He called the proposed three-story office building a "mega-office."  He argued there is no need to build a new county building because office space is in high supply and low demand. 

Council member John Brown echoed Goffredo. He said thousands of sq ft of office space is available throughout Easton, and that the county could lease for far less money than would be spent on a new building. "We don't need $64 million for a parking deck " he said and expressed wariness about a $14 million contingency "We could do it for far less money. ... I don't see this as an emergency that we have to run out tomorrow."

Council member Ron Heckman supported the bond. "No one wants to do a bond issue, but it's about what's in the best interests of the county. ... I don't see any way around this."  He also said, "I like the idea, if possible, of keeping our county functions in our county seat." The law requires that the elections office must be in Easton. 

Of the parking deck, Heckman said "I think they made it with play dough." 

Council member Ken Kraft failed to use his mike during his supporting argument, so I missed most of what he said. I do know he pissed off Goffredo, who claimed that he had been insulted.  One argument that I did catch, once he started using his mike, is that bond yields are surging following Trump's re-election. This is going to make mortgage rates higher and will also make it more expensive for government to borrow with each passing day. 

Council President Lori Vargo Heffner and Council member Jeff Corpora both said they have no problem with building a parking garage. But they both said they'd like to hear more details on options about building the garage but delaying the county office building. 

Council member Jeff Warren, however, requested that Council vote now, even though it was clear that Council lacked the necessary five votes.  

Voting to support the bond were Kraft, Warren, Heckman and Kelly Keegam. Voting No were Corpora, Vargo Heffner, Brown, Goffredo and Tom Giovanni.

After the meeting, Executive Lamont McClure expressed his dismay, especially with respect to the parking deck. "Our first duty is public safety," he said. "It's why we form government." In addition to the hazards of falling concrete in the county parking deck, he noted that the number of people who thronged the hallways for early voting presented a fire hazard. 

How Dems Lost Touch With Their Working Class Base

After Tuesday's rather convincing Democratic defeat on nearly all levels, it's time for my party to look within at where it's gone wrong. I believe it started with Bill Clinton. No, this has nothing to do with his sexual indiscretions. It has everything to do with international trade. This might seem like a dry topic until you realize that our policies eliminated millions of good jobs. 

NAFTA was actually first proposed by Ronald Reagan. American oligarchs loved it. But there was no way that Reagan or George Bush could persuade Democrats to go along. Then came Bill Clinton, the charismatic Arkansas Governor who would excel at taking Republican ideas and running with them.

In the 1992 Presidential race, Clinton said he'd support NAFTA. under which American companies would be able to move to Mexico and use cheap labor to pay for what it had been making here. That brought Ross Perot into the fray. He was very much like Trump, but without the deep character flaws. He was a plain-spoken billionaire who once hired a commando team to rescue two of his employees taken hostage by Iran after US government efforts to free them failed. 

Perot, like most of the American public and Democrats in Congress, was strongly opposed to NAFTA. At a Presidential debate, he said "[i]t's pretty simple: If you're paying $12, $13, $14 an hour for factory workers and you can move your factory South of the border, pay a dollar an hour for labor, ... have no health care—that's the most expensive single element in making a car— have no environmental controls, no pollution controls and no retirement, and you don't care about anything but making money, there will be a giant sucking sound going south. ... when [Mexico's] jobs come up from a dollar an hour to six dollars an hour, and ours go down to six dollars an hour, and then it's leveled again. But in the meantime, you've wrecked the country with these kinds of deals." 

Perot lost the race, but garnered 19% of the vote, including mine. It was the most votes an independent candidate for President, aside from Teddy Roosevelt, ever received

Clinton was able to shepherd NAFTA through Congress, persuading just enough Democrats to go along. He had the help of a mainstream media that thought it would produce jobs. 

That giant sucking sound predicted by Perot became reality. Some economists argue that overall, the American economy benefitted. But not those who worked in jobs that were sent to Mexico. Counties that depended on industry affected by NAFTA saw 600,000 jobs go away over two decades. Those counties, once blue, are now red. 

In "How NAFTA Broke American Politics," Dan Kaufman describes this in detail. 

"The passage of NAFTA — along with other Clinton-era measures like the repeal of Glass-Steagall, a Depression-era law that regulated banks, and the granting of permanent most-favored-nation status for China, which allowed China to enter the World Trade Organization and ultimately cost the United States nearly four million jobs — signaled the Democratic Party’s move away from its working-class, New Deal roots. This decoupling was worsened by the damage to unions from NAFTA. In 1996, Kate Bronfenbrenner, the director of labor education research at Cornell University, conducted a study for the North American Commission for Labor Cooperation, which found that after the passage of NAFTA, nearly 50 percent of unionization drives were met with threats to relocate abroad, and that the rate at which factories shut down after a union was successfully certified tripled."

Democratic leaders were perfectly willing to abandon the very people who were loyal to them for decades. Majority Leader Chuck Schumer bragged, "For every blue-collar Democrat we lose in western Pennsylvania, we will pick up two moderate Republicans in the suburbs in Philadelphia,”

Basically, Democratic leaders have forgotten who got them where they are. Republicans, and Donald Trump in particular, have stepped in to support them on the campaign trail. But once ensconced in office, they listen to corporate lobbyists. Unfortunately, so do Democrats. 

You can argue that Dems are too woke or weak or whatever. To me, it's important to stand up for the voiceless and ostracized minorities. That even includes people whose sexual orientation sometimes baffles me. And we are certainly far from weak. We are not the ones running from Ukraine and who want to bury our heads in the sand. But our primary focus should always be our working and middle class. We need to get them back and that starts with listening to them. 

Trump Defeats Harris in Northampton County

Donald Trump has unofficially won in Northampton County. With all 154 precincts in and all 58,914 mail-in ballots counted, he has 88,171 votes to 84,291 for Kamala Harris. Because NorCo is considered a bellwether for the rest of the country, this is very bad news for Harris supporters.

Harris had 36,730 mail-in ballots to 21,229 for Trump. But Trump trounced Harris with election day votes, 66,942 to 47,531. Turnout was a remarkable 74.6%. 

Other than long lines, there were few problems at the polls. In Bethlehem 3, known as Banana Factory, Lehigh U students had to wait several hours to cast their votes. President Judge Craig Dally spurned a Democratic request to keep polls open until 10 pm, but students remained and voted, giving Harris 1,482 votes to just 360 for Trump. 

The unofficial tally does not include provisional ballots. Those will be computed during the official canvass, which starts November 8 and is open to the public. They are unlikely to change the results in any significant way. 

It was something of a red wave. Voters chose Republican Dave McCormick over incumbent Bob Casey, 84,265 to 82,254. They voted for Republicans in all of the row office races. They voted Republican in all contested state house races. Despite being significantly outspent and outworked, incumbent Republican Joe Emrick defeated Anna Thomas in the 137th, 20,203 to 18.796. 

Only Democrat incumbent Congress member Susan Wild survived in the county, though she appears to be losing the race. She won NorCo with 85,241 votes to 84,976 for Republican Ryan Mackenzie. But she is leading in Lehigh County, which is still only partially reported. She has 94,235 votes there to 89,704 for Mackenzie. She was crushed in Carbon County, especially after word leaked that she disparaged the voters there. Mackenzie garnered 19,517 votes to 7,499 for Wild. Combining the three counties, it appears that Mackenzie has 194,197 votes to 186,975 for Wild. 

NorCo's votes are reflected statewide. Harris is behind in Bucks County, one of the collar counties around Philadelphia. Unofficially, Trump leads in the state with 50.83% of the vote. 

Nationally, the New York Times reports that Trump has 267 electoral college votes, with 270 needed for a victory. 

With 93.5% of Precincts Reporting, Trump Ahead of Harris by 8,081 Votes

As I've stated, Northampton County is considered a bellwether in the Presidential race. With 93.5% of the county's precincts reporting, Donald Trump currently has a 8,081 vote lead. But there are still approximately 20,000 MIBs to be tabulated. Moreover, the results from 10 precincts have yet to be tabulated, including the Banana Factory precinct that had long lines of Lehigh students waiting to cast a vote. 

In order to win the county, Harris needs to garner a high percentage of the remaining ballots and win big in several Bethlehem3, Bethlehem6, Easton3-3 and Lower Saucon5. She would need to keep it close in one remaining Bethlehem Tp and one Palmer Tp ward. 

Of the MIBs tabulated thus far, Harris got 63.5% of those votes. If she gets the same percentage of the remaining 20,000 MIBs, That's 12,700 votes to 7,300 for Trump. 

This would give her a total of 83,692 votes, but Trump would still have 86,373 votes. So she needs a higher percentage of those last-minute MIBs in her favor and also needs to win big in the remaining districts. 

Statewide, Trump is ahead. But that will likely get much closer as MIBs are tabulated. But it appears Trump is poised to win NorCo, as he did in 2016. 

With 74.7% of Precincts Tallied, Trump Winning in NorCo

Northampton County is reportedly one of the bellwethers in the Presidential race. If that is so, Donald Trump might win this election. With 74.7% of the precincts reporting, he is ahead of Democrat Kamala Harris, 63,216 to 58,743. This tally is based on 40,674 mail-in ballots and 83.541 election day votes. 

Republicans are ahead in the other contested races as well. 

UPDATED: Harris Slightly Ahead in NorCo In Early Results

Northampton County is one of the bellwethers in the Presidential race. With 56.5% of the precincts reporting, Democrat Kamala Harris is slightly ahead of Republican Donald Trump, 50,295 to 49,992. This tally is based on 40,674 mail-in ballots and 61,429 election day votes. 

Incumbent Democratic Senator Bob Casey and Congress member Susan Wild are also ahead of their Republican opponents. 

Anna Thomas, a Democrat seeking a seat in the state house, was slightly ahead of incumbent Joe Emrick in earlt results. She is now down 1,070 votes.  

The night is young. 

Updated 10:11 pm. 

PJ Craig Dally Refuses to Extend Voting Hours at Bethlehem Ward3

President Judge Craig Dally has denied a request from county Democrats to extend polling hours at Bethlehem Ward 3 until 10 pm. This is the Banana Factory precinct and has been swamped by Lehigh students eager to cast a vote. Waiting times were as long as six hours, according to the New York Times. But Dally, a Republican, refused to extend hours because all voters in line at 8 pm "will be able to vote in accordance with Pennsylvania jurisprudence." 

UPDATED: PJ Craig Dally Orders That List of Poll Workers be Provided to GOP

The Administrative Office of Pennsylvania Courts advised earlier today that an election complaint was being heard in Northampton County by President Judge Craig Dally. County Republicans sought a list of all judges of election as well as the majority and minority inspectors at each precinct. Interestingly, County Council member John Brown had also asked for a list of all poll workers several months ago at a council meeting. Brown is a Republican. President Judge Craig Dally entertained oral argument, but at this juncture, no Order has been entered. 

It's unclear to me why Republicans would wait until election day to demand this list. It's hardly an emergency. Moreover, while the election code does identify documents and records that must be made available for public inspection, like street lists, it makes no provision that would require the county to identify its elections workers. 

To be clear, the identity of poll workers, who are paid with public funds, must be provided when sought. But it's equally clear that county Republicans failed to follow the procedure outlined in Pennsylvania's Right to Know Act. Moreover, initial jurisdiction over a refusal or deemed denial of these admittedly public records would lie in the Office of Open Records, not the courts. 

But President Judge Craig Dally, and not me, decided this matter. He concluded that the list of poll workers is among the documents and records identified in the election code and ordered the county to produce them. You can read his Order here. 

Last updated 9:13 pm

Cambria County Extends Voting Hours to 10 PM

Cambria County President Judge Linda Fleming has ordered that the polls in that county remain open until 10 pm instead of the usual 8 pm closing. She did so in response to a petition for emergency relief filed by the county solicitor on the basis of a software malfunction discovered once voting started, resulting in voter confusion and long lines. 

The Court has directed that all ballots cast after 8 pm must be by provisional ballot. 

Long Line at Nazareth3

Feel Free To Report Your Experience at the Polls Here

Polls will be open from 7 am until 8 pm today. If you are standing in line by 8 pm, you must be permitted to vote. Many of us have already voted via mail-in ballots or through Ballot by Demand at the courthouse. But many of you prefer to vote at your local precinct. Please feel free to share your experience. 

I'd be interested in your polling place, turnout and whether you experienced any problems. 

Area Firefighters Battle Blue Mountain Blaze

Over the weekend, a wildfire erupted atop Blue Mountain in Lehigh Tp (Northampton County), near its border with Carbon County. Thus far, this conflagration has had the decency to confine itself to state gamelands. Area firefighters from all over the county have responded to contain the blaze. 

A good source of up-to-date information concerning this fire can be found at Northampton County Emergency Alerts. 

There are currently three active wildfires in Pa. According to the Pa DCNR, nearly all are the result of burning debris. 

Make Your Last Minute Election Arguments

If you have decided to vote at your local precinct, tomorrow is your day. If you're unsure where that is, you can find out here. If you voted by mail and want to make sure your ballot was received and processed, you can track that here. If there is no record that your mail-in ballot has been received, you can cast a provisional ballot on Tuesday at your voting precinct. I have a friend who sent a mail-in ballot but forgot to sign the return envelope. She can cure that mistake today or tomorrow. 

My votes: President - Kamala Harris (a vote for stability over chaos); Senate - Bob Casey (at least he lives here); Congress - Lou Shupe as a write-in (I won't vote for a Sue Wild, who parked in a handicapped spot and failed to respond to two requests for an explanation); Attorney General - Eugene DePasquale (he was very independent and effective as auditor general); Auditor General - Malcolm Kenyatta (I like his proposal for clawbacks on state grant awards that go sour; Treasurer - Stacy Garrity (Democrat Erin McClelland's background is human services, not finance); State Rep. - Anna Thomas (I would like my state rep to be transparent and accountable, and Joe Emrick is neither). 

This is how I voted. I am making no predictions. Please feel free to make your own last-minute arguments. Just remember that the more vitriolic you get, the more you spoil your own arguments. 

Easton Council Member Sultana Home Liened, For Sale and May Be Vacant

Controversial Easton City Council member Taiba Sultana, who represents the south side, is making a move. It's not to announce her plan to seek re-election, as some have thought. Nor is it to announce a run for County Council, as others have claimed. Instead, it's a literal move. Her home on Vista Drive is up for sale (she's asking for $269,900). There was an open house yesterday, and it appears that the property is vacant. 

Last week, there were complaints on social media about all kinds of garbage on her property. She responded that she was remodeling, but it appears she was gutting her home in anticipation of moving somewhere else. 

This property is currently the subject of two municipal liens filed by the City. One claim was filed 4/18/24 for $922.24 (2024-ML-3404). A second was filed 6/10/24 for $1,593.63 (2024-ML-5167). 

Under the City's Home Rule Charter, she must be a resident of the south side during her term of office. If she resides somewhere else, she must resign. If she refuses, a quo warranto action can be filed by the District Attorney or his designee to remove her. 

NorCo Elections Offices on Live Dashboard For Results AND

Northampton County's Elections Office has provided two notices concerning the upcoming election on Tuesday. The first advises of a live dashboard from which you can follow results on election night. (It is my experience that the county website is the fastest and most accurate way to view results on election night). The second advises of the pre-canvass, which starts at 7 am election day, and the actual canvass (official count), which starts November 8. 

Live Dashboard: The Northampton County Elections Office announces that unofficial election results will be available on a Live Dashboard on the county website after 8:00 PM on Election night, November 5, 2024. The Dashboard will reflect the unofficial results in real-time starting at 8:00 PM and will continue to be updated until every eligible ballot has been processed and counted.

Ballots cast by voters, either in-person or by Mail-In or Absentee ballot, are processed at varying times according to what is permitted by Pennsylvania Law. During higher turnout elections, this process may take longer to complete.

The unofficial results will not include write-in candidates’ results. Those will be reported when the canvass is finished.

The pre-canvass will begin at 7:00 AM on Tuesday, November 5, 2024. The official computation and canvass of the votes cast from the November 5, 2024 election will begin at 9:00 AM on Friday, November 8, 2024.

General Election results will not be official until they are certified by the Northampton County Election Commission.

Pre-canvass and canvass: Due Public Notice is hereby given that Northampton County Elections Office will convene at 7:00 AM on Tuesday, November 5, 2024, on the Lower Level of the Northampton County Government Center for the purpose of pre-canvassing the Mail-In and Absentee Ballots. The Northampton County Elections Office will meet in the Cafeteria on the Lower Level of the Northampton County Government Center, 669 Washington St. Easton, PA, at 9:00 AM, on Friday, November 8, 2024, to begin the official computation and canvass of the votes cast from the November 5, 2024 General Election.

Both pre-canvassing and canvassing are open to the public and media.