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.
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.
30 comments:
Oh McClure - The buck stops at your desk.
Tara, learn from McClures many mistakes. If you do you can't help but look good.
How many 'mistakes' does it take to become intentional?
This isn’t a legal argument. This is sophistry. It’s also deeply offensive to “hard R’s” for assuming that can’t realize that their candidate cross/filed to get an advantage in the Election. This argument is just one more piece of Election misinformation, and just another reason no one should believe a word Bernie says.
Simply wrong ? No you’re simple and wrong. You are trying to sew doubt in Election results and that means you’re just like Trump.
Well, you have to give McClure some credit here. Three messed up elections. At least he is consistent.
What about the last few weeks when the sample ballots have been available? They only address this the week before the election?
What really undermines public confidence in an election is (1) preparing a ballot that fails to follow the form specified in the Elections Code; (2) preparing two separate ballots - one for MIBs and another for the machine; (3) failing to ensure that the ballot is reviewed by the elections commission; (4) failing to make the machine ballot available for public inspection until weeks after the MIBs were sent; (5) sending the wrong MIBs to an election district; and (6) refusing to list a candidate who has the nomination of both parties under both parties in a ballot designed by party.
I believe we are trying to do too much at once and it is resulting in mistakes that do impact elections. Then poorly informed people claim the system is rigged. It is not I who is sewing doubt, but it is the desire to do too much at once that is leading to error, and this is what sews doubt. I am actually trying to ensure that our voting is legal, fair and accurate.
What a mess!
Actually, sample ballots were only made available to the public in mid-October. Moreover, they were not sent for review by the Elections Commission. So from mid-October to early November is very little time for a candidate to complain in court. I agree that time is of the essence, but that should apply to the elections office as well. I never caught this myself until it was brought to my attention this year. It happened for sure in 2021 and 2023, but I do not know if it happened in 2019.
Thank you Bernie. Great post. Too bad morning call and wfmz don't discuss this before tomorrow
TDS is real folks! This post is proof lol.
3 strikes and your out!
Good job on this Bernie. You explained it well. I’m interested to see what Dally rules. I think it’s pretty clear this is a problem.
School boards have failed us the last 50 years Spending all kinds of money yet the scores on tests have been going down big time and it is a fact there is no discipline the kids are running the show --It is not going to change
Your comment has nothing to do with the ballot configuration for this race. Stay on topic.
So, what needs to be done POST elections to remedy this?
The Elections Office is responsible for this, but it’s too late
First, the county needs to instruct ES&S (its voting machine vendor) to prepare ballots that actually are in substantially the same form mandated under 25 P.S. 2963a (the ballot should be configured by race, not party.) Second, the MIB and machine ballot should be substantially the same. Third, sample ballots should be sent to the elections commission in advance of publication and reviewed and voted upon in a public meeting. Fourth, sample ballots should be posted online at least one month prior to the election. I'm open to other suggestions.
This procedure was started in either 2019 or 2021.I'm ashamed to say I never noticed it until now. I won't hold them responsible for something the candidates and voters should have noticed in 2021.
you are so rediculous, she is listed as a Democrat/Republican what is the REAL problem here? You are suchh a shit stirrer and you will surely have Karma coming for you one of these days.
The real problem, as I've explained, is that the candidates are listed "Democratic/Republican" under the Dem side of the ballot only, making it unlikely for partisan Rs to vote for them. The same would be true if they were only listed under the GOP side of the ballot, which would make it less likely for partisan Dems to vote for them.
Yet another great reason to do away with cross filling
So your saying people are generally stupid and can't read OR that republicans need extra help all of a sudden? It's been a problem why should they be able to cross file in these shitty little races? I thought Republicans hated people who can't make up their minds on what party they belong too.
Yeah at least he ran and did a job that you only wish you could attempt to do.
The incompetence of the McCluless administration is breathtaking!
Bernie this is an excellent read. Many years ago I ran for, and won, a SB seat. Cross filing meant you were listed under both D and R, your name appeared on the ballot twice. This gave the candidate who did more work getting signatures an advantage because anyone voting straight party voted for the cross filed candidate. You are 100% correct that this format will hurt the candidate.
Additionally, candidates are allowed to cross file for offices such as SB because that office is supposed to be nonpartisan. If PA really wants to make SB nonpartisan it should have no party affiliation listed. A discussion for another post.
No high level conspiracy theory here just pure facts that you have provided. The election office should correct this now and for the future.
When someone posts like this that just confirms it is a problem.
Exactly!
This post is conspiracy theorizing to lay the groundwork for election denial. Election irregularities cannot be questioned. Ref: 2020.
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