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.