ICE Is Going Too Far

When he campaigned for election, Donald Trump did his best to paint a dark image of a country suffering an invasion at the hands of millions of foreign criminals and terrorists. He did what he does best - he pandered to our darker natures. It is one thing to say that an immigrant with a serious criminal record should be deported. Most of us would agree.  But Trump went further, dehumanizing our immigrants, even those here legally, as pet-eating "animals". Now that he's President, Trump has gone after our immigrant population with the same gusto that Hitler displayed in going after Jews. Hitler used brown-shirted SA (Sturmabteilung) thugs while Trump has designated mask-wearing ICE agents. As of last week, ICE had 66,000 people in detention camps, the most it has ever held in a single week.  But how many of these detainees are actually pet-eating cartel members?  According to CATO, which is no left-leaning think tank, about 7% of detainees are violent criminals. 65% had no convictions. Over 90% had no serious criminal convictions. In fact, as of October 16, ProPublica reports that at least 170 US citizens have been detained. 

While a majority of American voters certainly supported a crackdown on illegal immigration and the deportation of illegal violent criminals, I doubt they expected the tactics being used by ICE to target just about anyone who looks a little different. And now it has happened in my own family.

A member of my family is currently dabbling in real estate. He buys small properties in Philly and then rehabs them and wither rents them out or sells them. He found a fellow named Eduardo to do most of the remodeling work for him. Eduardo spends a lot of his time going to local Home Depots and other hardware stores to get the materials he needs. Apparently, ICE is focusing on Home Depots and construction sites to conduct its sweeps because Eduardo was stopped after visiting one last week. 

He is a lawful permanent resident with no criminal record. He is just a hard worker. He was asked to produce his papers, which he does not carry on his person. He explained he could get them, but ICE just detained him.

That was on Monday of last week.

In the meantime, the real estate tycoon in my family had texted Eduardo about the cabinets and flooring on one of his projects. 

Fortunately, ICE did allow Eduardo to contact his wife. She got him a lawyer, and he was released from detention on Friday. 

He returned to work that day.

Now I know many of you voted for Trump. But I doubt you expected this overkill which, like it or not, is eerily similar to the tactics used by Hitler. 

I am not calling him Hitler, but I am making very clear that we are on a dangerous path. I suspect this ICE over-reach, which goes far beyond what we expect of  our country, played a part in last week's Democratic victory. It's not that Democrats are being embraced so much as a rejection of Trump's excesses.  

US Senate Deal to End Federal Shutdown

As I write this blog, the U.S. Senate is actually in session, arguing for and against a deal that will end the record 39-day federal government shutdown. This shutdown has led to a suspension of SNAP (food stamp) benefits, canceled flights across the country, federal layoffs and payless paydays for numerous government employees. Though Republicans have a majority in both the House and Senate, they have been unable to prevent a shutdown because Senate rules require 60 votes to end the debate. 

The key sticking point for Democrats has been Republican refusal to extend subsidies under the Affordable Care Act for one more year. 

Under the deal, the government will be funded through the end of January. Senate Republicans have promised a vote on the extension of Affordable Care Act subsidies during the second week of December. There is no guarantee that the vote will pass or that the House will bring the matter to a vote. 

Seven Democrats and one Independent support the legislation to end the shutdown. They are Dick Durbin (Ill), Jeanne Shaheen (NH), John Fetterman (Pa), Catherine Cortez Masto (Nev), Maggie Hassan (NH), Tim Kaine (Va), Jacky Rosen (Nev) and Angus King (Me). 

Although voters appear to have held Republicans responsible for this shutdown, the truth is that Democrats have been happy to cut off our noses to spite our faces over health care subsidies. that were set to expire at the end of this year. As consequential as this will be for many Americans, it is less painful than it is to starve children. 

Enough is enough already. 

NorCo Council Appropriates $4,000 for Centenarian Luncheon on November 10

At their November 6 meeting, NorCo Council voted 8-0 to appropriate $4,000 from their contingency fund for this year's annual centenarian luncheon on November 10 at Green Pond Country Club. Executive Lamont McClure had postponed the event as a result of the state budget impasse. 

Council member Ron Heckman said it was a "sad state of affairs" that the county was unable to come up with $4,000 from a half billion-dollar budget to honor people who've lived even longer than him. 

Council member Ken Kraft, participating by phone, was unable to vote. The other eight Council members voted Yes. 

NorCo Council Considers Increasing Rainy Day Fund From 5 to 10% of General Fund

At their November 6 meeting, Northampton County Council introduced an ordinance that will increase its stabilization, or rainy-day fund, from 5 to 10% of the general fund. It's what former Council member Ron Angle liked to call the "seed corn." If passed, it will become effective in January 2027. This, it has no impact on the stabilization fund proposed for next year by Executive Lamont McClure. 

His proposed rainy-day fund for next year is $8.6 million, slightly above the minimum required by a current Council ordinance. This has been a sticking point with Council members John Brown and John Goffredo, who argue it should be higher for precisely the kind of emergency created as a result of the current state budget impasse. 

McClure, however, has long maintained that letting this money sit unused amounts to overtaxing county property owners. As Executive and before that as a Council member, McClure has long argued for leaner rainy-day funds.

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.

Following the Money - NorCo Council GOP Candidates Campo and Martinez Raise $23,485

Of the five Republicans seeking seats on NorCo Council, Dan Campo and Juan Martinez are immigrants who would bring diversity to the county's governing body. Campo is a commercial pilot while Martinez is a successful businessman whose Don Juan Tex Mex restaurant chain is very popular. Neither has ever run for office, but both have done quite well in raising money in their bids to win. 

Campo (you can see his report here) started in June with $1,090.40, and raised $15,285.00 through October 20. This gave him a total warchest of $16,375.40. He's spent $12,223.36, leaving him with $2,607.86 for the closing days of the campaign.

Like his Republican running mate Sam Elias, Camp has a great deal of grass roots support. He received $2,860 in small contributions ($50 to $250) from 23 individual donors. 

But Campo also had three large donors. The Greater LV Ass'n of Realtors kicked in $3,500, and Flexicon's David Gill donated $2,000. But his biggest contributor was Richard Picut for $5,000. Picut 's company does industrial machinery, so he's not looking for a county handout. 

Martinez (you can see his report here) started in June with $3,877.90, and raised $8,200 through October 20. This gave him a total treasury of $12,077.09, of which he spent $9,715.52. This leas him with $2,362.38 for the closing days of the race. 

Martinez had only 8 small donors ($50-250), for they include former congressional candidate Maria Montero, Lou Pektor and Att'y Blake Marles.

His large contributors include Greater LV Ass'n of Realtors ($3,500), retired attorney Charles Baltic III ($1,000), Mathew Pezon ($1,000) who runs a home-buying business and several restauranteurs. 

He took a $400 in-kind contribution for some kind of cigar party. 

Finally, he lent his campaign $1,000. 

Both of these candidates have compelling life stories, the kind that would appeal to Democrats. But it appears that no effort was made to reach out to Democrats. 

NorCo Council Footing Bill For Centenarian Lunch?

Earlier this week, I told you that NorCo's annual lunch for centenarians has been rescheduled for November 10. That lunch had been scheduled to take place at Green Pond Country Club, but Executive Lamont McClure postponed it as a result of the state budget impasse. There's still no resolution on that front, so who's footing the bill. 

A few weeks ago, Council President Lori Vargo Heffner suggested that Council's contingency funds could be used. Next week, County Council will consider and vote on a resolution to pay the tab.  

UPDATED :Yet Another Mistake in Nazareth School Board Race

In the story above, I have told you how the county has screwed up the mail-in ballots (MIBs) in the District Two race for Easton City Council. Unfortunately, the errors continue for in-person voters in the Nazareth Area School Board races. 

In that race, the MIBs seem fine. I have one myself. But based on the sample ballot for in-person precinct voting, Linda Stubits is being hung out to dry. 

Sample ballots never appeared on the election website until after MIBs had gone out. It appears to have been an afterthought. 

In the Nazareth Area School Board race, there are 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. 

Yet 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 thus far 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.

This is far from the "legal, fair and accurate" election that Executive Lamont McClure promises. It essentially guarantees that Stubits, who incidentally is a Republican, will be deprived of GOP votes that would otherwise go her way. 

County officials have told me they would send an explanation for this ballot, but at the time of publication, I don't have it.  

In a comment, a reader tells me the county is merely following the law.

"It's not a mistake. That's the law in Pennsylvania. Cross filed candidates are only ever listed once on the ballot, on the left hand side, with both parties by their name. In this case it's under the Democratic side because The Governor is a Democrat. If the Governor was a Republican, they would be listed under the Republicans side even if they were a Democrat.

This has always been the case and it is the case in all cross filed races in the county. See also Bangor, Pen Argyl, Forks (EASD), Saucon Valley, etc. They are all this way and this is not a mistake.

Article X of the PA voting code speaks to ballots and has this to say:

"(d) 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."

That's not how the ballot appears. 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, which is exactly how it appears on the MIB. The ballot itself is a mistake because of its design. It lists the cross filed candidate's name under only one of the parties. It needs to be there twice to correct the wrong impression that a candidate is running. If the ballot was designed precisely the way it was done in the MIB, there would be no problem.  

This is the exact opposite of "legal, fair and accurate."

Updated 10:10 am.

The county has responded to concerns raised by Stubits. I believe the voting machine can be configured in a way that ensures you may only cast one vote for a candidate who has cross-filed, as I have seen in other races. So I completely disagree with the county's reasoning, but wish to share what the county solicitor's office has to say:

I have received your letter regarding your ballot placement on the 2025 General Election Ballot. It is my understanding that you cross-filed during the primary election and were nominated by both the Democratic and the Republican party as a candidate for Nazareth Area School Board.

In compliance with email guidance received from the Pennsylvania Department of State and the Pennsylvania Election code, specifically 25 P.S. § 2963(d), candidates nominated for the same office by more than one party are printed on the ballot only once along with the names of each party by which the candidate was nominated. The candidates’ names are arranged in the same order as all other candidates’ names are otherwise required to be arranged.

This year, because the last gubernatorial election was won by a Democrat cross- filed candidates are listed with other Democrats in order by number of votes received in the Democratic primary. If a Republican was governor, cross-filed candidates would be listed with other Republicans in order by number of votes received in the Republican primary.

According to the Pennsylvania Department of State, “Ballot Position for Cross- Filed Candidates – Because the Democratic Party has acquired ‘ballot preference’ as a result of the 2022 gubernatorial election, a candidate who has won both political party nominations is listed on the official ballot according to the position he/she obtained at the Democratic Party primary.” According to 25 P.S. § 2963 (d), “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.”

Listing the name only once is especially important in races, such as school board, that allow voters to vote for more than one candidate. If the same name appeared more than once on such a ballot, it would create the opportunity for a voter to vote more than once for a single candidate which is not allowed. If you have any further concerns, do not hesitate to reach out. If you have questions, I suggest that you consult an attorney.

UPDATED: Following the Money - Sam Elias Has More Grassroots Support than Anyone in NorCo Races

I've written about the campaign finances of the five Democrats running for NorCo Council. Five Republicans are in the hunt, too. What about their campaign finance reports? I'll start with Sam Elias, a Bethlehem police officer seeking office for the first time. His job alone makes him popular. So does his Lebanese heritage. There are only about 700 Lebanese families in the county, but they are very vocal and very persuasive.  Sam's report (you can see it here) reveals that he's raised more money, not counting in-kinds, than any of the other County Council candidates. Moreover, he's received more of the smaller ($250 or less) donations than any of the candidates running, including Tara Zrinski. Does this mean he's going to win? No, but it is a very positive sign.

According to his report, Elias started with $2432.52 in June and raised $17,775.00 through June 20, giving him a total warchest of $20,207.52. He's kept $12,164.26 for the final push, which makes sense because many Republicans and independents wait to vote until election day. 

He received $2,000 in donations of $50 or less, and $9,825 in 73 individual contributions of $250 or less. That's two more than Tara Zrinski, who's leading the charge for county Dems as the Exec candidate. 

Elias was the top vote getter in the Republican primary, and I think it is highly likely he wins a seat on Council.  

Updated 9:35 am: In my original version, I reported some large contributions that actually went to another candidate, not Elias. He actually rejected a contribution from the realtors because of their affiliation with and endorsement of Josh Siegel, whose anti-police rhetoric was a staple of his agenda as a member of Allentown City Council. 

NorCo Screws Up Third Election Since 2019

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On Friday, I told you that it was very possible that the wrong Mail-in-Ballots (MIB) were being sent to voters in Easton City Council's District 2 race. The two candidates for Easton City Council are Sharbel Koorie and Julie Zando-Dennis.   But one voter told Koorie that the ballot he received was for the race in another district, where a candidate is running unopposed. Koorie called the elections office and was told that this was a one-off. An election worker just accidentally placed the wrong ballot in the envelope addressed to the voter in District 2. It was more than a one-off. 

As Julie Zando-Dennis observed yesterday on her Facebook page yesterday, at least 48 incorrect ballots have been mailed. Apparently, the elections office is calling or writing to voters to ask them to request a new MIB or is voiding the incorrect ballots. But how many voters will recognize these calls or letters as legitimate? 

There is no question that the election in Easton District 2 has been tainted. This error cannot be caught during the official canvass because the ballots themselves are separated from the envelopes once the envelopes are opened to assure voter privacy. 

This marks the third time since 2019 that NorCo has botched an election.  In 2019, the voting machine manufacturer failed to calibrate the machines. In 2023, the machines were improperly tested and elections officials failed to provide enough emergency paper ballots to voting precincts. Now the wrong MIB has been sent to voters. 

I personally think elections workers have been asked to do much. They are conducted a MIB election, a ballot-on-demand election and voting in person, They also have been tasked with opening and operating two satellite offices. They simply are being asked to do too much, and this is leading to problems. 

Unfortunately, the only remedy I see in District Two is a special election between Zando-Dennis and Koorie. Both candidates are very depressed at what has happened. But it is the voters who have been shortchanged. You have the right to an election that, as Lamont McClure says, is "legal, fair, and accurate." This is none of those things. 

Unfortunately, other raceswith cross-filed candidates have been compromised as well. In most cases, this makes no difference. But it does in Nazareth's School Board race. I will tell you about that in the post below.

NorCo GOP County Council Candidates Brown and Goffredo Decline to Raise Money

John Brown and John Paul Goffredo are two incumbents seeking re-election to NorCo Council. They've been to several campaign events and to the usual parades and festivals. So they've campaigned. Yet neither has raised any money through they could easily do so, choosing instead to let the other three candidates eat. Is this a mistake or genius? We'll find out on election day. 

Both are from the slate belt and Goffredo should easily win. He never hesitates to share his views. I am less sanguine about Brown, who tends to be stand-offish. 

An Easton City Council Race Now Officially Screwed up by Elections Office Errors

Last week, I told you that at least one mail-in ballot was mailed out by the elections office on the Easton City Council District 2 race between Julie Zando-Dennis and Sharbell Koorie. A voter in District 2 called Koorie after receiving a MIB for a City Council race in another district in which there is only one unopposed The elections office conceded the error and explained that an elections worker made the mistake of placing the wrong ballot in the envelope intended for a District 2 voter. They minimized the possibility that others have received the wrong ballot by saying they received no calls. Apparently, they were wrong. It was no one-off. It was a systemic failure by elections officials affecting dozens of voters.

This is what Julie Zando-Dennis, one of the candidates, posted on her Facebook page. 

District 2 Ballot Alert – What Voters Deserve to Know

As your Democratic candidate for Easton City Council – District 2, I want to share a critical update about a ballot error affecting our West Ward community.

On October 27, Northampton County officials publicly described the issue of a voter receiving the wrong mail-in ballot as a “one-off” incident. But when I followed up directly with the Election Office on October 28, I was told “a couple of dozen” ballots were affected. Today, October 29, that number has grown to 48 incorrect ballots.

This is not a one-off. Voters deserve clarity.

Affected ballots were labeled correctly for District 2 but contained the wrong candidates—specifically, a District 3 ballot listing Susan Hartranft-Bittinger, who is unopposed in that race.

If you received a mail-in ballot and it does not list both District 2 candidates—Julie Zando-Dennis (Democrat) and Sharbel Koorie (Republican)—please call the Northampton County Election Office immediately at 610-829-6500 to request the correct ballot.

Based on my campaign’s count, there are 132 Democratic mail-in voters in District 2. If Republican mail-in voters total roughly the same, that’s approximately 264 mail-in ballots overall. With 48 ballots affected, this error touches 18.18% of all mail-in ballots—a significant portion of our voting base.

It’s also important to note: Democrats are statistically more likely than Republicans to vote by mail, making this error especially concerning for Democratic representation in District 2.

I asked the Election Office how many of the 48 incorrect ballots were sent to registered Democrats or Republicans. They declined to provide that information, citing legal restrictions. I’ve formally requested the specific statute that prohibits disclosure of this data. Every vote matters. Every voter deserves accuracy. I will continue to advocate for transparency and accountability to ensure your voice is heard. Thank you for standing with me and for staying vigilant.

Both Julie and Sharbel have been let down by the elections office. More importantly, it is you the voter who has been let down. 

Sorry About the Technical Issues

For reasons still unclear to me, the postings today failed to load properly on mobile devices. I managed to fix the issue after some trial and effort, but in the process, some of your comments disappeared. I apologize. I like the interactivity of a blog and often learn things I would not otherwise know. 

Following the Money - NorCo Council Dem Candidates Fadem and Qayuum

Theresa Fadem (her report is here)  has done nothing. In June, she had $1,186.80 in her campaign fund. That's exactly what she has in her most recent report. She neither raised nor spent any money. Republicans couldn't have asked for a weaker candidate from Dems.

But they got one anyway. 

Nadeem Qayuum (his report is here) is worse. He's run for Magisterial District Judge ... and lost. He's run for Controller ... and lost. He's married to soon to be ex Easton City Council member Taiba Sultana, who has run for Mayor ... and lost ... and for State Rep. ... and lost. In her campaign for the state house, Qayuum circulated a petition on her behalf and obtained the forged signature of State Senator Lisa Boscola. His chief occupation is following his wife around to take pictures of her that she can then post on Facebook. He thinks the county can raise the minimum wage, but I'm uncertain whether he - like his wife - wants the country to establish diplomatic relations with Palestine. 

His campaign fund is called "Friends of Nadeem Qayuum," but it should be "Friend of Nadeem Qayuum. He only had one individual donate to his campaign other than himself. He claims to have raised $650 ($400 came from the Easton Area Democratic Committee) and is in debt for $850. 

Both Fadem and Qayuum are terrible candidates.

Following the Money - Lori Vargo Heffner on an Island

I've written many times about Lori Vargo Heffner (her report is here) over the years, both bad and good. She can be testy at times, as she certainly was when she told Executive Lamont McClure to "Shut Up!" at a recent County Council meeting. But she also has been a forceful voice for asserting Council's power as a co-equal branch of government. She has stood up against executive over-reach, which is something sorely needed in all levels of government. A healthy disdain for one-man rule was the basis of our Declaration of Independence, Articles of Confederation and Constitution.  She also taken a bipartisan approach to governing, which included voting for a Republican as Council VP. This apparently is a sacrilege to Council members like Kelly Keegan. And Lori has paid the price. She had no support from Lehigh Valley For All (who agree with us) during the primary, and trade unions run from her even though she supported their cherished responsible contractor ordinance. Many of the more partisan Dems like Keegan and Kraft have worked against her. So she's been on an island. But I have admired her courage in standing up for her beliefs. I really wish she and Lamont could sit down and talk. Life is too short for this kind of acrimony. I did not expect to see much in her campaign coffers, but she did better than I thought. 

She started with $1,412.45 and raised $6785.00 through October 20, giving her a grand total of $8,197.45. She did have 10 individual contributions of $250 or less. One of them came from Lisa Pektor, who with her father has an industrial development in Upper Mount Bethel. Vargo Heffner supported a LERTA (in which tax increases are phase in over 10 years) for that project based on assurances that it would lead to badly needed jobs in the Slate Belt. 

She accepted $500 from developer Nat Hyman, who spoke against a tax break for luxury apartments in Wilson Borough. 

She also accepted $1,000 from Nimita Kapoor Atiyeh, who also donated to Tara Zrinski. Nimita is married to Abe Atiyeh, who owns the work release facility leased to the county. 

She also accepted $1,000 from Blue Valley Holdings, LLC, a corporation apparently owned by natural foods importer Murat Guzel. I'm unsure whether a LLC contribution is considered a corporate contribution. If it is, it's illegal.

Although the trade unions have run from her, Vargo Heffner did get $500 from the PSEA. 

Now you may wonder if it's legal to accept donations from county vendors or those seeking something from the county. Unfortunately, it is both legal and common practice. Zrinski accepted money from Atiyeh and numerous county employees and hopeful county employees. Tom Giovanni took money, at least indirectly, from Lou Pektor. I have long suggested this needs to change, but it is far from the top of the list of issues that people consider important. Until the law changes, this practice will continue. 

Don't hate the playa', hate the game. 

Following the Money - NorCo Council Democrats Boulette and Holland Boosted BigTime By DemocracyFIRST PAC

Jason Boulette, a Wind Gap Borough Council member, and Dave Holland, a former Gracedale Administrator with a nursing background, are two of the five Democrats running for NorCo Council. Both have raised money and worked hard. But both have benefitted immensely from the largesse of a fairy godmother known as DemocracyFIRST. I have never before seen a PAC exert such influence in a county race before this cycle.

Jason Boulette (his report is here) raised a respectable $13,905 between June 10 and October 20, giving him a warchest of over $22,000. Not bad, but that pales when compared to the $57,709 in in-kind contributions he received from DemocracyFirst. This was spent on literature, paid door-to-door canvassers, rent, digital aids and mailers

It's a similar story with Dave Holland (his report is here). He raised a paltry $825 and appeared to be relying heavily on a $3,000 loan he made to himself until the fairy godmother- DemocracyFirst - showered his campaign with those in-kind donations. 

DemocracyFirst promoted Holland, Boulette and Zrinski. 

Boulette interestingly also received a $3,500 donation from the LV Ass'n of Realtors. It is highly unusual for that PAC to donate to a Democrat, although it also recently donated to Bethlehem Mayor Willie Reynolds. He also accepted $1,000 from outgoing Exec Lamont McClure. 

NorCo's Centenarian Lunch Rescheduled For November 10

A reader with a 100 yo mother has informed me that NorCo's annual luncheon for centenarians has been rescheduled for November 10, 11:30 am, at the Green Pond Country Club. This event had been postponed by Executive Lamont McClure, and he blamed it on the state budget impasse. This in turn led to widespread criticism. County Council President Lori Vargo Heffner suggested that Council could use their contingency fund. Republicans running for County Council offered to pay for it out of their own pockets. It is unclear to me who exactly is paying the small sum needed for this luncheon. 

UPDATED: Following the Money: Zrinski Outraises Giovanni 3 to 1 in NorCo Exec Race

Money may not be everything, but it sure helps if you're running for office. Based on the pre-election reports filed for NorCo Executive candidates Tara Zrinski (her report is here) and Tom Giovanni (his report is here), Tara Zrinski is well on her way to victory in November. In a county in which Democrats still maintain an edge in voter registration and in a race where the name "Trump" is nowhere to be found, she has outraised Tom Giovanni by a margin of 3 to 1, both in cash and in-kind contributions.

According to her report, Zrinski raised $93,687.00 between June 10 and October 20. She also received $64,698.14 in in-kind contributions, and I'm not talking about pizza pies. In contrast, Giovanni raised only $26,885.00 as well as $19,399.31 in in-kind contributions. 

Zrinski's report demonstrates a great deal of grass roots support. She received contributions of $9612.00 from 71 individual donors of $250 or less. Giovanni had far less grass roots support. His report shows only 32 contributions of $250 or less. 

Zrinski was also boosted by several large PAC contributions, the largest of which is IBEW ($15,000). She also received $10,000 from the Jane Fonda Climate PAC and $5,000 from Executive Lamont McClure's local campaign fund. 

Her largest individual contributor was Nimita Kapoor Atiyeh, wife of Abe Atiyeh. He owns the work release center in West Easton being leased by the county.

Zrinski benefitted immensely from in-kind contributions made by the Democracy First PAC. That group produced mailers, campaign literature, paid people to go door-to-door and even paid rent. 

Giovanni's largest PAC contributor was the Pa Future Fund ($5,000). His largest individual contribution came from Charles Baltic III ($1,500), a retired attorney who lives in Upper Mount Bethel and who has spoken out against satellite elections offices in Northampton County. His largest in-kind contribution is $17,000 from the state Republican party for both campaign literature and postage. He also reports $2,243 from a sign company called JES for banners. I believe that portion of his report is a bit misleading because it fails to explain who actually paid for these signs. I believe the person who did so was Lou Pektor and am pretty sue Tom told me that himself when we met to discuss his personal story. Tom supported a LERTA for his development in Upper Mount Bethel Tp.   

(Updated 7:34).

Federal Court Strikes Last Minute "Declaration" By NorCo's Former Custody Master

I've told you before about a federal (civil rights) lawsuit brought by Lisa Tresslar, who claims she was constructively fired as NorCo's custody master. In response to a motion to dismiss, District Court Judge John Gallagher found that there was merit in her claim that she was a victim of retaliation.  She had voiced concerns over new procedures in custody cases that would shield judges from hearing evidence of child abuse. Tresslar's contention is that the courts did this to insulate themselves from public rancor in the event that a child was abused after a custody order is entered. It was after she voiced her concerns that the courts basically stripped her of most of her duties, reducing her to a glorified clerk instead of a Harvard-educated attorney. The courts, however, maintain that they still wanted to hear this evidence, but only after listening to the parties. 

What ensued is something known as discovery, in which the parties to a lawsuit can explore the evidence from each side. In this case, that included 20 depositions and over 4,000 pages of documents. The parties then file what is known as a Motion for Summary Judgment, arguing that the uncontroverted facts establish they are entitled to win as a matter of law. In this case, both sides have filed motions for summary judgment, but Tresslar's is under seal because it contains sensitive information about specific cases.

In the motion for summary judgment filed by the courts, a number of legal claims like legislative immunity are raised. But what struck me most was the contention that Tresslar was biased in favor of Stanley Margle, a lawyer who has been implicated in two drug prosecutions and who once represented her. In addition to numerous text exchanges, the courts have documented text messages that show Tresslar providing legal advice or legal strategy to Margle as well as messages that disparage one of his opponents. 

Tresslar responded with a lengthy "Declaration" even though discovery had already been closed and motions for summary judgment had been filed. 

Yesterday, Judge Gallagher struck both Tresslar's Declaration as well as 20 paragraphs from another filing submitted by her.  He notes that motions to strike should be granted “'where the allegations have no possible relation to the controversy and may cause prejudice to one of the parties, or if the allegations confuse the issues in the case.' As this Court has previously recognized, Plaintiff is not permitted to present facts that are immaterial to her First Amendment Retaliation claim. Allowing Plaintiff to do so would confuse the issues in this case. Moreover, the Court finds that the prejudice at issue is substantial."

While this is no proof that Tresslar's lawsuit is on life support, it's certainly in trouble. 

I Welcome Immigrants But Not Taiba Sultana

At last week's meeting of Easton City Council, there was quite the argy-bargy over Council member Taiba Sultana's latest attempt to make immigrants feel at home in Easton. Her earlier attempt at an ordinance failed. Her latest effort - a nonbinding resolution - was tabled so that the language can be cleaned up

During the chaos that seems to follow her wherever she goes, Sultana accused Council member Frank Pintabone of raising questions "because immigrants can't vote for you and you want to make sure you have votes of all the racists, all the white people."

She's continued to bray away on her Facebook page at Pintabone, while weighing in about every five minutes about how bad it is in the US

She's entitled to her opinions. She can claim white people who disagree with her are racist. This is America. She can even criticize the way we responded to the 9-11 attack on Twin Towers, as she actually did on September 11, a day that most Americans remember as the worst thing to happen here since Pearl Harbor. 

Here's what she said.

"On this day 24 years ago, 2,977 people lost their lives. In their names, the U.S. launched a "War on Terror" that created terror by spending $8 trillion of public money, our taxes, killing more than 900,000 humans across Afghanistan, Iraq, Syria, Yemen, and Pakistan. We were told it was for justice; it was for oil, arms deals, and imperial control. Honoring the fallen means condemning the lies that sent so many more to their graves.

I SAID WHAT I SAID!!!"

She's certainly entitled to claim we are all about imperial control. But my question is - why is she here? If she hates the United States so much, why did she leave Pakistan and move here? Shouldn't she return there or to one of the many countries that endorses her hatred of the US?

I know there's a lot of xenophobia out there, but she herself is full of hate. 

She claims Easton, obtained by the Penns as a result of an admittedly shaky deal known as the walking purchase, is on Lenape land. If she believes that, why would she want to be a member of Easton City Council?

Have You Considered a Bullet Vote?

In the Northampton County Council election, there will be five winners and five losers on election day because voters can pick up to five candidates. This is where what is known as the bullet vote comes into play.

Bullet voting is a tactic used in multi-winner races. For example, on Northampton County Council, you may vote for up to five candidates. But let's say you really like one of them. If you vote for that person only, you have effectively given him (or her) five votes. 

In smaller areas like the county races, a bullet vote has much more impact. 

In this year's County Council race, a concerted effort by Democrats has been made to ensure the defeat of Council President Lori Vargo Heffner. Although she has supported Democratic causes like a responsible contractor ordinance and has advocated for continued human services and higher pay for county employees, she has differed with Executive Lamont McClure on issues like the voluntary employee health center. She has also been bipartisan, even to the point of voting for Republican John Goffredo as Council VP. 

In my view, that's no basis for voting her out. That's a basis for keeping her in office We benefit from different points of view in a democratic form of government.  

You might also consider a bullet for Dave Holland, a former Gracedale administrator, or Jason Boulette, who also takes a bipartisan approach and is even endorsed by some Republicans. 

Following the Money - NorCo Pre-Election Finance Reports Were Due Friday

Campaign finance reports for Northampton County candidates running in November's election were due Friday.  As of Sunday evening, none have been posted on the county's webpage. This is done by the elections office, Since it is already preparing for or conducting three elections (Mail-in Ballots, On-Demand Ballots and In-Person), a slight delay in getting these reports posted is understandable. But I wait to cast my vote until I see who is financing an election as well as how the money is spent. I hope to be able to start reporting on these reports on Tuesday. 

Are Wrong Mail-in Ballots Being Sent in Easton City Council Race?

I've been an ardent advocate of mail-in ballots (MIBs). They make it easier for people to vote and should increase turnout. They are a great convenience to those with mobility issues or many people who work two or three jobs to make ends meet. Though possible, I see no more fraud than exists in other forms of voting. But I presume that elections officials are actually sending the correct ballots. Unfortunately, in one Easton City Council race, it is certainly possible that the wrong ballots have been sent to several voters.

According to Sharbel Koorie, who is running for Easton City Council District 2, has been contacted by a voter in his district who received a MIB for a City Council race in another district. The elections office conceded the error and explained that an elections worker made the mistake of placing the wrong ballot in the envelope intended for a District 2 voter. They minimized the possibility that others have received the wrong ballot by saying they received no calls. 

Frankly, that does nothing to reassure me. Many voters in local races have little understanding of who is running in what district and would likely just assume everything is as it should be. In reality, this kind of error could very well disenfranchise several voters in that district race. It could hurt Koorie. It could also hurt his opponent, Julie Zando-Dennis, even more. She's a Democrat, and Democrats tend to like MIBs. 

There is no way of knowing for sure unless those ballots are segregated with the return envelopes and opened separately to ensure that the ballots are correct. It's questionable whether this can be done without violating Pa law providing that ballots are private.

Here's the email I received from Koorie: 

A voter in the 8th Ward East area of the City of Easton received a mail in a ballot with the correct envelope label but the wrong ballot for district 2. The ballot he received was for district 3 and had Susan Hartranft-Bittinger's name on it, not my name or my opponent's name. This was explained to me at the voters office as a human error. They told me the process of how they are mailed and received. They said that when they mail these out they do one ward at a time in a bin, they print the labels, adhere them to the envelopes and then stuff the coordinating ballots. Sometimes while doing this they said they could run out of ballots and the person would go back to the room and get more ballots. They believe someone grabbed the wrong ballot by accident and mailed it. My concern is we don't know how many people may have received the wrong ballot, this person's last name started with an "S" does that mean everyone after "S" received the wrong ballot or did they run out of ballots at the letter "L" and everyone after received the wrong ballot. They claim that if there were more people they would have already called by now.

I happened to see the woman who lives across the street from the person who received the wrong ballot and she claimed she voted for me already. I asked her if she remembered how many names were on the ballot for Easton city council she believed only one, I explained that was incorrect there should have been two, she followed up and said she can't remember 100% it was a week ago that she filled it out but believes it was one.

We are running in a small district which had around 365 votes in the primary and this fall we could have 6-700 votes total. A few wrong ballots could sway the election one way or another. This particular voter went to the county courthouse while I was there and they verified he received the wrong ballot and gave him a new ballot and yellow envelope. I just feel this is wrong. I have been knocking on doors for 12 weeks working hard to meet all the voters and was feeling real good about my chances of winning. I'm going to continue working hard until election day. Am I overreacting or could this be an issue.

I informed my opponent so that she was also aware. I also reached out to the Republican party officials to let them know as well. Should the county put something out on their site since they actually verified the wrong ballot was mailed just in case there are others? My number again is [redacted] if you have any questions. I know you have the pulse of the county and would know what should be done to make sure everything was fair.

I appreciate you reading this long rant.

Sincerely,

Sharbel Koorie candidate for Easton City Council representing District 2

NorCo Controller's Budget Proposed to Shrink From $987,800 to $816,500 in 2026

Northampton County Controller Tara Zrinski's budget for 2026 is $816,500, which is 17% below her $987,800 budget this year. She explained that she has eight staffers, a part-time solicitor and one vacancy.  

In response to a question posed by Council member Jeff Corpora, Zrinski conceded that she will be unable to fill that vacancy with the budget as proposed. She said she was told that the money for the vacant position might be available if "we need that staff member."

McClure Explains Why NorCo's Proposed Budget Calls For No Contribution to Pension Fund

Over the past few days, I've received a number of comments complaining that NorCo's proposed budget for 2026 calls for no county contribution to the pension fund. At Wednesday's budget hearing, Council member Jeff Corpora asked Exec Lamont McClure to explain the risk of not putting any money into retirement. 

McClure: "I'm glad you asked that question. There is no risk. Currently, in the pension fund, we have $563,181,986.53. ... Our pension fund at the beginning of the year was funded at 90.7%. It is now presumably, because it has grown, funded at 93%. Your average pension fund in the Commonwealth of Pennsylvania is funded at 77%. Actually, nationally, the average is 77%. ... The taxpayers have been overtaxed for the pension and specifically, to the tune of $103,469,300.00. That's one year of the general fund real estate taxes. One entire year of the taxes we collect for the general fund went into the pension fund. We're going to rebalance that. It will be back down to about - I suspect - 85% funded at the end of next year."

Council member John Goffredo said McClure was being "too optimistic" McClure said he has had this argument for many years with former Fiscal Affairs Director Steve Barron but believes that a county contribution this year would be "funding liabilities well into the future that should be shared with future taxpayers because the whole purpose of this is to spread out the liability over the years, not to have it disproportionately paid for by taxpayers now ... .."

In addition to a pension fund for retirees, the county also maintains a $58,296,110.55 trust fund that pays medical expenses for eligible retired employees, which are those who started on or before 2010. McClure explained that since no one who was hired after 2010 is entitled to retiree health benefits, there is no reason for the county to continue paying into this fund. 

LANTA Could Face 20% Service Reduction in January

Lehigh and Northampton Transportation Authority (LANTA) is seeking $701,727 from NorCo in 2026, and Executive Lamont McClure has proposed $701,800. 

Exec. Director Owen O'Neill explained that this money is leveraged to obtain much larger grants from the state and federal government to operate and maintain our region's buses. 

Funding for LANTA is based on the amount of service provided to each county. 57% of LANTA's bus system serves Lehigh County, while only 43% serves NorCo. 

Although funding is uncertain as a result of a state budget impasse, O'Neill noted that SEPTA and Pittsburgh have been approved by PennDOT for flex funding, and LANTA has applied for this as well. If this application fails, O'Neill said there would likely be a 20% reduction in service in January. He also said fare increases have gone into effect. "We have tried to keep them stable as long as we can," he observed, adding that fares had not gone up since 2014. 

LV Planners Want $965,500 From NorCo; Only $625,000 Budgeted

At last night's budget hearing for Northampton County Council, the Lehigh Valley Planning Commission (LVPC) requested $965,500 for next year. But in his proposed budget, Executive Lamont McClure has limited funding for that bi-county venture to $625,000, the same sum approved in this year's budget. 

As explained in the proposed budget, LVPC does the planning for planning for regional land use, transportation, recreation, economic development, storm water management, and environmental impact studies. It reviews subdivision plans and is already over 250 this year alone, just in Northampton County. It also is the body that reviews and regulates stormwater management plans for municipalities. It also provides technical assistance with smaller local governments. But does this justify what is 50% increase in the county contribution next year? According to Executive Director Becky Bradley, Lehigh County thinks so, and was voting last night on a budget that would give thus admittedly busy and worthwhile agency more money. That is, however, a terrible argument to make in Northampton County. It almost guarantees a rejection, if only out of spite. Northampton County has long considered itself the ugly red-headed stepchild when compared to Lehigh.

Council member John Goffredo, easily that body's most conservative voice, surprisingly voiced support for this substantial increase. He noted that the county (and its municipalities) need these services, and they are required under state law. He said head be comfortable matching Lehigh County. 

But Council member Ken Kraft, easily that body's most candid voice, was far less encouraging. "I am totally against that," he said of the proposed 50% increase. "I can't see taking another $300,000 out of our budget, so I'm a No vote on that. .... I'm fiscally conservative so, you know, sorry."

During LVPC's presentation, Bradley warned these funds are needed for salaries, which is close to 90% of its budget. 

If NorCo Council wishes to fund the entire $965,000 requested, it will have to deduct money proposed somewhere else. 

Is Gracedale's Administrator Resigning?

A rumor is circulating that Gracedale Administrator Michelle Morton is stepping down. She was only hired in March.

In August, Morton presented NorCo Council with a "strategic plan" for success to increase census and reduce the nursing home's reliance on agency nursing from 59% to 30% by June 2026. The latest budget proposal for Gracedale involves no county contribution. 

According to her LinkedIn page, Morton has had 23 jobs since 1983. She's moved around a bit over the years. Though she is licensed as a nursing home administrator, her degree is in therapeutic recreation. 

We'll know if the rumor is true tomorrow, when she meets with county administrators. 

A History Primer For America's 250th Birthday

Over the past weekend, numerous No-Kings Rallies were conducted nationwide.  They were aimed mostly at President Donald Trump's constitutionally questionable assertions of executive authority, and this has angered many of his supporters. But if truth be told, Americans have long been very leery of executive overreach.  They also resented people who, once elected, make it a career. 

In the Articles of Confederation that existed before we actually ratified the Constitution, there was no executive branch of government and no federal courts. States' rights, echoes of which can still be heard today, was the guiding principle. Delegates to Congress were limited to three years in office. 

We quickly learned that we did actually need an executive branch but were still suspicious of the tyranny that could result from a strong national government. Hence the Constitution. When George Washington was elected (unanimously) as the first President, he actually highlighted and underlined all mentions of his office. After his inauguration, he made it a point to visit every member of Congress instead of having them come to him and swear their loyalty. He also made it a point to leave his office every day at about 4 pm for a brief walk to demonstrate that he is just like everyone else. 

And so things remained until Andrew Jackson was elected President. He was the first to push the authority of the executive branch, ignoring acts of Congress and the courts when they acted contrary to his agenda. He even called for some of his critics to be "Houstinized" (assaulted). He was a populist who despised effete intellectuals like John Quincy Adams.

After Jackson, the power of the Executive branch continued to grow under different Presidents, especially during times of crisis. 

If you'd like an overview of our history from the beginning to present, I highly recommend a series of lectures from Yale University professors David Blight, Joanne Freeman and Beverly Gage called America at 250.  A course syllabus is included. You can view the lectures online as well. 

NorCo Council to Vote on Dixie TIF on November 6

After a great weekend of cycling fun in Philly, helped by outstanding weather, I finally had the opportunity to watch the public hearing for the tax break (known as a TIF) at the long vacant Dixie Cup factory in Wilson Borough. What I saw was pretty much a rehash of arguments previously made. County Council will vote on the TIF ordinance itself on November 6. 

If it passes, it will be a $20-29 million windfall for the developer of the long vacant Dixie Cup factory in Wilson Borough. It will enable Skyline Investment to float two series of bonds for a proposed 405-unit luxury apartment complex and use the projected increased assessment to pay for the improvements made over a period of 20-25 years. During this time, taxing authorities will continue to receive the taxes on the existing assessment, but they will have to wait a quarter century to see receive the taxes it should receive when improvements are made. 

In addition, Skyline will also use historic tax credits and has already received a state grant for asbestos removal. 

It's nice to be a picked winner

Both Wilson Borough and Wilson Area School District have already agreed to this windfall. 

Unanimously.

Skyline principal Brian Bartee and his bond counsel, Jonathan Cox, monopolized much of the hearing. Obviously, they're all for it. So is Doylestown attorney Richard Groff, who gobbles up distressed properties at tax and Sheriff sales and then flips or rents them out. Obviously, high rentals at Dixie will make it possible for him to charge more rent at his Wilson Borough and Easton properties. 

Support from those who benefit financially is understandable. Unanimous support from Wilson Borough and the school district, however, is either incredibly naive or downright stupid. In Wilson Borough's case, I think it's stupidity. This is the municipality that uses Stan Margle, who is facing multiple drug charges, as their solicitor. He even spoke for the borough at two county meetings where he actually insulted one of the County Council supporters. 

Brilliant. 

In the case of the school district, the rationale offered by superintendent Harrison Bailey III (that's Doctor Bailey to you), was downright mystifying.  He said students would receive an education by watching union contractors as they install drywall during the year or so that it takes. I bet. They would also be able to meet the developer and learn what it means to be an entrepreneur. Is that worth 20m years of tax breaks? 

In response to questions from Council member John Brown, Dr. Harrison Bailey III said it costs about $22,000 a year per student. Brown indicated that some tenants at Dixie will have children who attend school, and the school district will have to pay for their education. Moreover, the school district will miss 20 years of increased property tax revenue Dr. Harrison Bailey III said taxes at Wilson have only gone up 0.66% for the past five years, but his doctorate certainly has nothing to do with math. This year alone, taxes at Wilson have gone up 3.5%. His doctorate has nothing to do with business, either. Dr. Harrison Bailey III conceded he did no analysis or study on exactly how much this TIF will cost the school district. People in the audience apparently shouted out that the school board did a study, but I certainly find it off that Dr. Harrison Bailey III had no knowledge of it. 

This ordinance will be supported by Council members Ken Kraft, Kelly Keegan and Jeff Warren for one and only one reason - trade unions. Skyline Investment's Brain Bartee will use union labor. It matters not that this labor will be used to develop housing that only New Jersey and New York immigrants can afford. It matters not that this will just exacerbate the affordable living crisis. A year of union labor makes it all worth it to them.

I'm less certain about the others.