NorCo's Mid-term Election Turnout 17.64% Higher Than in 2014

Northampton County's Elections Commission conducted a meeting Dec 20. Someone forgot to advertise, so it was called an "information gathering" session. There is no video, either, right after I praised Executive Lamont McClure for his transparency. This meeting should have been rescheduled. No votes were taken, but it is very hard to avoid for members to avoid discussions of agency business. They weren't there to discuss the Eagles. If they talked about any matter having to do with elections, you have a Sunshine Act violation. Assistant County Solicitor Rich Santee was fortunately there. He had his work cut out for him.

Though the public had no notice of this meeting, I was able to dive into a few garbage cans and get my hands on the agenda. From it, I learned the following:

- Voter turnout in November's mid-term election (55.95%) was 17.64% higher than the last mid-term in 2014 (38.31%). there were 209,313 voters, including 4,354 absentee ballots. There were also 37 military ballots and 54 provisional votes. Absentees accounted for two per cent of the turnout.

- Phones inexplicably went down in the elections office,something that has happened in the last few election. This is unacceptable. For periods, it was impossible for elections judges to call in and determine whether a voter whose name is missing from the poll book is actually registered somewhere else. This has the effect of suppressing turnout.
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- A shortage of popular "I voted" stickers is being remedied, hopefully not by the same guys in charge of the phones.

- The current voting machines will be used in next year's municipal primary.  This is a problem because the 2019 budget eliminated the voting machine custodian. He made sure they were ready. The county is looking at outsourcing the job to set up the machines, code them and do all the diagnostics.

- Administrator Charles Dertinger tracked down an electric filing system for voter registration applications, pulled them out of a dusty warehouse where they have been sitting for the past 10 years, and fixed them. Well, he is an electrician. The only problem is that everyone who files will be registered as a Democrat. All kidding aside, the elections office staff are very thankful for Dertinger's efforts. I understand Спецслужбы России has offered to do it for free.

- What voting machines are we getting? - Lehigh County's Elections Registrar Timothy Benyo is going to have four or five vendors all day on January 10 so that poll workers can try different systems and express their preference. Northampton County has no such plan.

Blogger's Comment: Under the Elections Code, it is the Elections Commission, and not the County Executive, who makes all decisions concerning an election. This includes the purchase,storage and maintenance of all voting equipment. There's a good reason for this law. That  reason is that the Elections Commission must have minority party representation, whether it is Home Rule or County Commissioners. This makes the process more fair. If the Executive branch is calling all the shots, whether it is Executive John Brown or Lamont McClure,  there is an appearance that the election will be slanted in favor of the incumbent.

There needs to be a public meeting of the Elections Commission, and soon, so that different voting systems can be examined.

Taiba Sultana to Stay in Easton City Council Race (Updated)

Taiba Sultana and her husband
at NorCo elections office 

Despite her violation of the residency requirements contained in Easton's Home Rule Charter, Taiba Sultana will stay in the Easton City Council race for the south side. Judge Craig Dally rejected a nomination petition challenge in an opinion handed down late Tuesday. Unless there's an appeal, an immigrant from Pakistan who only registered to vote in February will square off against one of Easton's most entrenched politicos, Sandy Vulcano.

Sultana's nomination petition was filed by prominent Bethlehem Attorney Vic Scomillio on behalf of Vulcano's son-in-law, Ryan Hall. He alleged that since Sultana only registered to vote in February, she fails to meet the one-year residency requirement set forth in Easton's Home Rule Charter. It states that "[o]nly those who are and have been for at least one (1) year registered voters of the City shall be eligible to hold the office of Council Member or Mayor."  Since Sultana only registered to vote on February 23 of this year, she's ineligible, argued Scomillio. Case closed.

A nervous Taiba Sultana, who still has difficulty with the English language, represented herself. She did ask Judge Dally if her husband could sit with her, and he agreed. Her basic argument was that the "state constitution is bigger than city rules."

I had a better argument than that. After all, I have a law degree, damn it. My theory was that the court lacks jurisdiction. Election challenges are for violations of the Election Code or Ethics Act, not some municipal home rule charter, A strict reading of Easton's Charter provides only that she is unable to hold the office of City Council until she establishes one year of residency. Nothing prevents her from running. Rush Holt was elected to the US Senate at age 29, and had to wait six months before he was sworn in. If the people of West Virginia could wait six months for Rush Holt to be qualified, the people of Easton could wait seven weeks for Taiba .

Judge Dally went with Taiba's argument.

In an interesting, six-page Opinion, Judge Dally concluded that the residency requirement imposed by Easton's Home Rule Charter is invalid because it is more restrictive than the Third Class City Code that it replaced and is not rationally related to any legitimate governmental interest.

The The distinction is that the Easton Home Rule Charter requires that a candidate be a registered voter for one year. The Third Class City Code requires that the candidate be a resident for one year prior to taking office. Thus the city home rule charter is more restrictive than state law. Even worse, it is not rationally related to any legitimate governmental interest. As a result, the voter registration requirement contained in the City's home rule charter fails. Or as Sultana put it, the "state constitution is bigger than city rules."

Dally observes that courts have repeatedly found that residency requirements are "rationally related to a governmental interest in ensuring that candidates for office are familiar with the issues and characteristics of the district for which they are seeking office, and interested in the concerns of the locality." But he found no case law on voter registration requirements,which he believes "are not rationally related to any governmental interest, and could have a chilling effect on the rights of candidates and electors."

That very nearly happened. When I first reported on Sultana's candidacy I received these anonymous comments:

"we need more candidates telling the truth, not just what they think we want to hear. someone with more then 1 year experience on the easton student council. we want someone with experience that has been there before."

"sorry to burst your bubble bernie, in typical immigrant fashion, not playing by the rules, Sandra Vulcano's opponent will be withdrawing from the race and returning to her terror cell."

Pretty clearly, Sultana was pressured to drop out. Vulcano's biggest accomplishment in her 1,000 years on Easton City Council is that she once stayed awake for most of a meeting. She used her City Council seat mostly to sell 40,000 shitty pens and 80,000 palm cards to candidates who pay her to shut her up. I think Easton is sick of people like Vulcano. And the slur at Sultana's religious faith reveals that Republicans have no lock on religious intolerance.

(Blogger's Note: Originally published 3/21/17 at 5:21 pm). 

Reibman Ruling Helps Challenged Easton City Council Candidate

Judge Reibman at Ramadan in 2015

Bucks County Attorney Lawrence Otter called Allentown Police officer Luiz Garcia a "knucklehead" a few days ago when he challenged the Allentown police officer's right to run for public office. Now that he's been tossed out of court by Judge Ed Reibman, the true "knucklehead" has been identified. Otter argued that Garcia's candidacy violated Allentown's Home Rule Charter and its administrative code, both of which ban political activity by city employees  But Reibman lacked jurisdiction. The only thing he can decide in a nomination petition challenge is whether the petition violates the Elections Code or state ethics act. That same reasoning could result in a dismissal of the challenge to Taiba Sultana's candidacy as an Easton City Council candidate.

Without question, Sultana fails to meet the one-year residency requirement in Easton's Home Rule Charter. It states that "[o]nly those who are and have been for at least one (1) year registered voters of the City shall be eligible to hold the office of Council Member or Mayor."  Since Sultana only registered to vote on February 23 of this year, she's ineligible.

But as I pointed out a few days ago, any objection to her nomination petition must be based on the Elections Code or the State Ethics Act. Easton's Home Rule Charter is irrelevant,just as Allentown's Home Rule Charter and administrative code were irrelevant to Judge Reibman.

She may be unable to hold the office until February 23, 2018, but she sure as hell can run.

This has happened before. In 1934, Rush Holt was elected to the US Senate at age 29, and had to wait six months until he was 30 and could take the oath of office. Sultana would have to wait about two months, assuming that she wins.

Today we'll learn what Judge Craig Dally thinks.    

Clear Sailing For Ann Marie Panella

Though Charles E Bellis III filed a nomination petition for Palmer Township Supervisor, he has chosen to allow a challenge (you can read it here) filed by prominent Easton Attorney Theresa Hogan to go unanswered.  He failed to appear for a hearing scheduled for yesterday. Hogan advised Judge Craig Dally that she had spoken to Bellis, who informed her he had decided against appearing.

Hogan called Voter Registrar Dee Rumnsey, who testified that Bellis failed to file an affidavit indicating that he is known as "Zeke," which is the name he wanted used on the ballot. She asked for an Order striking Bellis' nomination petition, and Judge Bellis will consider the matter and issue a ruling by Tuesday.

If Bellis's petition is stricken, Ann Marie Panella will have no opposition to her re-election as Supervisor.

She was also absent from yesterday's hearing. She currently works by helping to care for senior citizens.

Sultana Asks Judge Dally, "Just Give Me a Chance."

Sultana (left) with Bethlehem City Council member Olga Negron

Though Ryan Hall is the named Objector to Taiba Sultana's nomination petition on Easton City Council, there's no doubt that the driving force behind the complaint is her opponent, Sandra Vulcano. In fact, Vulcano sat in court yesterday morning smiling like a cat who just ate the canary. She was waiting to see Sultana tossed off the ballot.  Whether that happens is now up to Judge Craig Dally, who is expected to rule on this matter on Tuesday.

Prominent Bethlehem Attorney Vic Scomillio represented Hall (Vulcano) at yesterday's hearing. His objection (you can read it here) is quite simple. Sultana fails to meet the one-year residency requirement in Easton's Home Rule Charter. It states that "[o]nly those who are and have been for at least one (1) year registered voters of the City shall be eligible to hold the office of Council Member or Mayor."  Since Sultana only registered to vote on February 23 of this year, she's ineligible.

Sultana, representing herself, responded the "state constitution is bigger than city rules" and only imposes a 90-day residency requirement. I am unable to find such a requirement. I did see a one year requirement for state senators (Art. II, Section 5) and judges (Art V, Section 12 ), as well as a seven year residency requirement for Governor and Attorney General (Art V, Section 12). So it seems her reliance on the state constitution is misplaced

But if you look more closely at the Charter, you can argue that she is eligible to run and even get elected. A strict reading of the Charter provides only that she is unable to hold the office of City Council until she establishes one year of residency. So in effect, he position would be vacant for one month and 23 days. On February 23, she could be sworn into office. Voters going to the polls will know this, and they could decide themselves whether to elect someone who is unable to serve until February 23. If she wins, then someone seeking to remove her could file a removal action, which is called a quo warranto.

Any objection to Sultana's nomination petition must be based on whether the Elections Code or the State Ethics Act is violated, not Easton's Home Rule Charter. An example of what I mean can be found in a Commonwealth Court case decided in 2009 called In re May. In that matter, a judge candidate was challenged for engaging in inappropriate political activity in violation of the Rules of Judicial Conduct. But the objection was dismissed. "[N]either the Election Code nor the Ethics Act require candidates for judicial office to conform to the Canons of the Code of Judicial Conduct in order to be placed on an election ballot."

Courts must liberally construe the Election Code to protect a candidate's right to run for public office as well as a voter's right to elect a candidate of his or her choice. Nothing in Easton's Home Rule Charter prevents Sultana from running for the Office. And nothing in the Elections Code incorporates the provisions of local home rule charters. As Sultana herself said, "This restriction of [the] City of Easton will not only victimize me and my more than 200 supporters of [the] south side of Easton, but also those voters who want to express their opinion and freedom of choice in the coming election."

This challenge is premature.

Another argument that Sultana can make is that the challenge to her fails to conform with the specificity required by the state supreme court.

(1) the petition to set aside must be filed within seven (7) days after the last day for filing the challenged nomination petition or paper; (2) the petition must specifically set forth the objections; (3) the petition must contain a prayer that the nomination petition or paper be set aside; and (4) the petition must be served upon the officer or board with whom the nomination petition or paper was filed.

In this case, Sultana, a nonlawyer, was served with on March 13th with a document entitled "Objection to Nomination Petition of Terrence Miller." This did nothing but mislead her.

"Just give me chance," Sultana implored Judge Dally on Thursday. We'll find out Tuesday whether a grass roots candidate can overcome an entrenched member of Council using high-powered legal maneuvers to deprive the people of Easton of a choice they deserve.

Asteak Wants to Make Louder Quieter

On behalf of Lower Saucon Township Council VP Tom Maxfield, Attorney Gary Asteak has petitioned to remove Donna Louder as a Council candidate. It appears that, like Raymond Russin in Bethlehem Township, Louder has failed to file the required "Statement of Financial Interests" at Township offices.

Gracedale Goons Continue Ignoring Election Code

Spring, 2007. Attorney Brian Monahan, running for District Judge in Easton and Williams Township, is savaged by three anonymous mailers viciously distorting his career as a defense attorney. DA John Morganelli refuses to lift a finger, and Monahan's candidacy eventually goes down in flames.

We would later learn that the person behind these anonymous smears is Tom Severson, a political consultant and long-time pal to Morganelli. He would eventually plead guilty, in June 2010, to deceptive campaign practices. Those charges were brought by the state Attorney General, not Morganelli.

History is repeating itself, except this time it's with the Gracedale Goons. When they submitted their initiative petitions, Voting Registrar Dee Rumsey, determined that 1,166 signatories persons were not even registered to vote. Another 1,173 people signed the Petition more than once, including several circulators. Gracedale Union Prez Ellen Weiss and one of her AFSCME pals filed a total of 38 false affidavits, taking credit for petitions they never circulated. Judge Baratta stuck 2,700 signatures, but ignored the Registrar's testimony because I failed to disprove duplication. I lost, but there still was pervasive election fraud.

Call me a lousy lawyer.

In the false belief that the Courts have given them a green light to run roughshod over our election laws, this election fraud is continuing, unchecked, in the runup to the May 17 election. On Saturday, May 1, Ellen Weiss opened up a "Save Gracedale" HQs office in Nazareth. Nothing wrong with that, but it's at Rich Grucela's old state rep office. His official logo from the Commonwealth, is still right there on the office windows, creating a misleading impression that the Pennsylvania state legislature supports the Gracedale initiative. I also saw Ms. Weiss planting about 8 signs on the grass outside the office.

This property, 239 S. Broad Street, has a monthly rental value of $1,200. In addition to that, there's also the cost of a toll-free land line, 1-800-478-4944, which has been in operation since the initiative drive began last October. It takes you right to AFSCME District 88, located in Plymouth Meeting.

I called there yesterday and asked a nice lady at the other end if her refrigerator was running.

In addition to the office and union-funded toll-free line, double-sided "Save Gracedale" yard signs are now littering the County. Those cost about $2 per sign. That's at least another $1,000. All told, at least $2,800 has already been spent on this initiative.

Where's the Committee? Where's the reports?

Under our election laws, a political committee is any group formed to take in or spend money to influence the outcome of an election. Even initiative elections. Once it receives $250 or more, whether in cash or in-kind contributions, it must register within twenty days. Yet as of the close of business yesterday, no political committee had filed any paperwork in the elections office.

The use of AFSCME's toll-free phone since mid-October, along with the money paid to the person answering on the other end, is by itself enough reason to wonder why no registration statement has been filed. That $250 threshold was passed long ago. Now we have office rent and signs as well.

And how about those signs? As you can plainly see, there's no disclosure of the person or political committee paying for them. There's a prominent union printer label, but no identification fo the funding party. This is a direct violation of the Election Code, which requires that the signs must "clearly and conspicuously" identify the paying party. Severson's failure to do this with his Monahan mailers is what got him in hot water. Refusal to include this disclaimer is a misdemeanor, punishable by a $1,000 fine and could even include imprisonment.

You can ask Tom Severson.

Gracedale AFSCME President Ellen Weiss, the circulator who was involved in filing those 38 false affidavits, just happens to be the person I see paradng around with Gracedale signs. And at their Broad Street office, which I visited late yesterday afternoon, her name and phone number is attached to the door. Every election cycle, her yard is a cornucopia of Democratic yard signs. At the Gracedale rally last October, she and her husband used it as an opportunity to hand out flyers for John Callahan and Charles Dertinger. She's no novice, and clearly is thumbing her nose at the law.

Again.

Severson Indictment Likely?

Anyone witnessing Deputy AG Marc Constanzo's intense cross-examination of political consultant Tom "Scissorhands" Severson on Monday, would quickly realize that this prosecutor's interest extends beyond the FUs hurled in the direction of the Northampton County Bulldog, Ron Angle. He had so many questions about the campaign guru's anonymous sleaze mailers and robo calls that Express Times reporter Sarah Cassi penned a separate account about the state investigation into Severson's practices.

I have since been informed that Severson, through his attorney, has been warned that an elections laws indictment is both likely and imminent.

The Case Against Political Consultant Tom "Scissorhands" Severson

On Monday, I told you that political consultant Tom "Scissorhands" Severson is under investigation by a state grand jury. He's just been ordered to court on charges that arose from his threatening behavior during a funeral. That's really the least of his worries. He's made our electoral system a mockery by thumbing his nose at nearly every disclosure requirement. This is not just any political consultant, but by his own admission, the largest political consultant in the state. I've talked about Severson in many posts. Let me put it all together for you. I believe the evidence is damning.

Who is Tom Severson?

Severson, a Pen Argyl resident, conducts his political consulting through at least three different corporations. He usually operates under the corporate umbrella of Precision Marketing, Inc., where he is listed as company prez. Between 2000 and 2007, that company has collected $9.9 million from candidates seeking state offices.

But when Severson wants to stay under the radar, or is working for Dems, he's used MJR Services, Inc., a New Jersey corporation whose Pa. address just happens to be where Precision Marketing is located. MJR collected $281,000 from state office hopefuls between 2000 and 2007. DA John Morganelli and Judge Roscioli are part of this gaggle.

Severson also uses Political Strategies, Inc., a California corporation. Although it's not even registered in Pennsylvania, state senator Lisa Boscola paid that outfit $43,659.65 in 2006. Finance reports filed by local candidates indicate this California corporation just happens to have the same address as Precision Marketing! Since 2000, the total amount paid to this business, in state races, is $170,522.

This total figure - $10.35 million over 7 years - does not include payments to other companies I know nothing about, or payments made in federal and local races. And it only reflects payments that are on the radar screen.

Possible Violations

According to our Elections Code,

* A person who pays for a direct mailing or other ad designed to influence an election must "clearly and conspicuously" identify himself. The author can be anonymous, but the person who pays must disclose.

* Any person who spends more than $100 to advocate the defeat of a clearly identified candidate, is subject to the same reporting requirements as any candidate or committee.

* Any person making an independent expenditure of $500 or more after the final pre-election report, must report that expenditure within 24 hours.

* Corporate contributions are strictly prohibited.

Severson is also subject to the same reporting requirements as anyone else concerning income. Like everyone else, he is also obligated to pay sales and use tax.

Enforcement Must Come From Attorney General because DA has a conflict.

Political consultant Tom Severson and Northampton County DA John Morganelli have a relationship that goes back at least to 1991, when Severson ran John's campaign against then incumbent DA Don Corriere. That race, incidentally, turned nasty.

Morganelli has continued to use Severson, and has enlisted Severson's services for political allies seeking office. These include two of his former first assistant DAs, Paula Roscioli and Steve Baratta, who used Severson's services when they ran for judge, and won.

Over the years, Morganelli has formed a friendship with Severson. In his sixteen years as DA, I can't think of a single elections law prosecution. Knowingly or not, he has given Severson a green light to run wild.

In 2001, Moore Township resident Robert Welsh was the victim of a defamatory anonymous mailer when he sought public office, but Morganelli told him his hands were tied. "[I]t is perfectly permissible for any citizen to distribute anonymous literature to voters." He refused to investigate.

Under Morganelli's tortured interpretation of our election laws, there's no need to place a disclaimer on a campaign mailer. And if that s so, there s really no reason to file campaign finance reports at all. Why bother?

It's funny. Morganelli was all over AG Corbett when the Virginia-based Center for Individual Freedom (CFI) began a "public education" effort obviously designed to promote a candidate for the state high court. He demanded an injunction to force CFI to file a campaign finance report, the only remedy that would prevent irreparable harm in the closing days before the election.

But amazingly, Morganelli refused to lift a finger when local political consultant Tom Severson began his anonymous sleaze campaign against a local magisterial candidate last Spring. He reinained silent in July, when Severson started a push poll against county councilman Ron Angle, even though that expense appears nowhere on any campaign finance report, even as an in-kind corporate contribution. And when the anonymous robo calls began in earnest against council candidates Angle and Ferraro. Morganelli was MIA, even though campaign finance reports fail to reflect the amount of money being spent.

Morganelli and Severson are friendly, and John properly feels it would be a conflict to investigate him. But whenever he has referred a question to the state AG, it has always been a half-hearted request at best that frames the facts in a light favorable to Severson.

Severson's History

The phrase, "King of Sleazeball Politics," is used often to describe Severson. It first appeared in a 1991 Morning Call story. Severson got that title the old-fashioned way - he earned it. Let's review some of his campaigns.

In 1989, county exec hopeful Jerry Seyfried saw his lead dwindle as anonymous telephone calls, made in the waning days of the campaign, warned voters that Seyfried had accepted money from the owner of a local landfill. DA Don Corriere, challenged by Morganelli, complained they actually used callers who disguised themselves as state ethics commission investigators. Seyfried won. Barely. Corriere went down.

Severson also plays on prejudice. When Len Gruppo was running for the state senate in 1998, Severson distributed an anti-welfare campaign mailer containing a photo of mostly black applicants, standing in line, creating the false impression that most welfare recipients are black.

In 2003, Severson's Precision Marketing was paid $9,600 in public money by DA John Morganelli's Drug Task Force to distribute 20,000 "informational" mailers. They included a large photograph of Paula Roscioli, four times the size of other staffers. She just happened to be running for judge at the time. DA Morganelli assured the Express Times (4/9/03) that Precision Marketing was not doing Roscioli's campaign. While technically correct, Severson was still running the show. He just used another company. And the idea of using taxpayer funds to promote candidates was pushed again by Severson this Spring. Bucks County commissioners paid him $67,000 in taxpayer money for a thinly disguised campaign ad.

Last year, when Joe Brennan was in a four-way dogfight to capture the Democratic nomination for a state rep seat, he was assailed by three mailers, some of which falsely portrayed him behind bars. After turning over a few rocks, Tom Severson ran out. Brennan's opponent falsely claimed that, since he was never charged for Severson's services, he had no obligation to report this in-kind contribution. To this day, the in-kind contribution appears nowhere on any campaign finance report.

These are just a few examples of Severson's modus operand! - anonymous and misleading calls, appeals to prejudice, drug task force money to promote a candidate, misleading mailers and flying below the radar of our disclosure laws. As disgusting as these tactics sound, Severson has become rich using them.

Severson's Reputation Among Local Leaders

Although Severson's sleaze tactics have made him wealthy, few local leaders respect him. Morning Call and Express Times archives report some of their comments.

Former Norco GOP chair Charlie Roberts (1994): "He's working both sides of the fence. ... I don't trust him. ... He's done more to hurt this party than anyone. ... "How can he work for Seyfried and Ferraro in the same election? How is working for Seyfried going to do anything but hurt Ferraro's chances? Tom Severson works for his pocketbook. I work for the Republican Party."

Former Norco GOP Chair Larry Kisslinger (1991): "He did not handle his affairs with me in an honest way 99-1/2 percent of the time. ... I hope he makes $1 million. I hope he's comforted with the money surrounding him."

Former Norco Councilman Jim Hemstreet (1991): "If telephone calls are being made ... you have a right to know who you're talking to, what they're paid. ... That is really deceptive campaigning. It's like turning your campaign over to a hired gun."

Norco Judge Emil Giordano (1994): "I never heard anything good about the guy. ... It's sleazeball politics, and he's the leader of the pack."

Morning Call columnist Don Russo (1994, then a member of the GOP): "Severson basically goes to the candidate with the money."

District Attorney John Morganelli (1994): "I went to him because I heard he was the best. I wanted to hire the best person to do the job. I didn't care what party he was. The party thing didn't bother me, and I don't think it bothered Mr. Severson. He's staying with me."

The Anti-Monahan Sleaze

The smear campaign against magisterial candidate Brian Monahan in May '07 involves violations of every one of the potential violations listed above. Here's some of what former Northampton County Republican Chair Bob Kilbanks has said.

"This all began during the primary cycle when some very ugfy flyers were sent out against a local District Justice candidate. They had no disclaimer, which is required by Pennsylvania's state election laws on every campaign piece to inform the public about the source of any political information that they receive. There were accusations flying all over Northampton County as to who had sent the three mailers. The mailing permit was traced to a person [Pat Vulcanol who sard he had no knowledge of its use. An examination of the paperwork at the Post Office yielded nothing because the signature was unreadable. At that time, local blogger Bernie O'Hare presented the situation to District Attorney Morganelli. Mr. Morganelli told Mr. O'Hare that the matter, as he saw it, did not rise to a prosecutable level. He felt that there was case precedent from Ohio [Mclntyre v. Ohio Ejections Comm'nl that made this allowable under the First Amendment. A few days later, and under question of lawful filing date, an independent financial report was filed at the Voter Registrot/on office under the name of 'John Doe.'

"The report arrived complete with the Ohio decision attached to it and a notarization for a 'John Doe.' The Notary works in the offices of a local politically-connected attorney. [This attorney just happens to be Morganelli's campaign treasurer, Jay Leeson]."

Severson's "John Doe" report, of course, is a sham. He clearly paid more than $500 to send these mailers about a week before the election, but failed to report this expenditure within 24 hours as required by our campaign finance laws. Three mass mailings cost much more than the $861 claimed, and those payments had to be made before the primary, because that's when they were mailed.

How could Leeson's notary, a secretary in his office, acknowledge an anonymous signature? Because he tells her to do so. But a notary exists to identify the person appearing before her, not obscure that person. She must have personal knowledge or satisfactory evidence in the form of a driver's license or other form of identification.

Severson Admits He Did Anonymous Campaign Against Monahan

Not long after the mailings went out, I talked to District Attorney John Morganelli. I told him he could send a detective with Pat Vulcano, the bulk mail permit holder, and get all the records for the bulk mail permit. That way we'd know how much was paid for these three mailings and who sent them.

"I'm not going to do that."

"Why not?"

"I already know who sent those mailers. It's Severson."

Morganelli assures me anonymous mailers are legal, and handed me a pile of memos to that effect, but they involve inadvertent violations of elections laws. This is something different. I told John the law may permit anonymous mailings, but the person who pays for them must be identified. Finally, I told John these mailings violate other sections of the elections code, relating to reports.

"We'll have to wait and see," John answered.

Mclntyre v. Ohio Elections Comm'n Has no Application to the Anonymous Monahan Mailers

The Mclntyre case, on which Morganelli relies, applies to an Ohio statute requiring campaign literature to contain the name and address of the person or campaign official issuing the literature. In Pa., there is no blanket prohibition. You must spend over $100. And then, you are only required to identify the person who is paying to send the message. You need not identify the author.

Does Morganelli Have a Conflict or Not?

According to Kilbanks, "The Republican Committee wrote to Mr. Morqanelli and asked him to reexamine the papers because we were afraid that this precedent could lead to only more of the same unattributed smear literature, and perhaps even uglier campaign shenanigans. Mr. Morganelli replied to the Committee with the same answer he gave to Bernie O'Hare."

Rather than address Severson's failure to file a 24 hour report or his misleading "John Doe" statement, Morganelli instead incredibly concludes Severson has a constitutional right to defame someone anonymously. "[W]e will not attempt to enforce these provisions."

Here's my problem. Since Morganelli has a conflict in any allegations against Severson, it's not his call whether or not the elections code should be enforced. In fact, his letter to the Attorney General only dealt with one aspect of the elections code, and was even misleading on that point. Kilbanks' allegations should have been forwarded to the Attorney General so that office could have decided for itself whether an investigation is warranted.

The Dirty Politics Continue - July

In July 2007, Severson started a push poll against Angle. Telephone calls from 484-548-6413 asked whether voters would be less likely to vote against Angle if they knew certain negative things about him, which were listed, one by one. Although this poll has been estimated to cost $3,000, its cost is listed nowhere in any of the campaign finance reports listed by Angle's opponent, John Maher, or the Northampton County Democratic party. That telephone exchange has been used by Severson to conduct political polling and robo calls.

The General Election Against Angle and Ferraro.

Because Morganelli refused to make a prompt referral to the Attorney General last Spring, the dirty politics have continued. According to Kilbanks, "Our fears were realized in this past election cycle as unattributed, and very nasty, smear phone calls, whether or not they are considered 'legal,' invaded homes across Northampton County. All of the calls traced back to one phone number [actually, it's two phone numbers - 484-548-6400 and 484-548-64131 that [were] listed as 'not working,' but ownership was traced to a data management corporation in King of Prussia that does robo-calls."

Amazingly, these are the same phone numbers used to do the push polling against Angle in July. The number 484-548-6413 shows up as MCS Industries on Caller ID, and is also the number Lamont McClure used for his robocalls. His campaign consultant? Tom Severson.

Mailings with content identical to these anonymous robocalls were posted with the Northampton County Democratic Committee's bulk mail permit. Lamont McClure, Tony Branco, John Maher and the local Democratic party were obviously using Severson. Against Angle alone, there were twelve negativemailers (estimated cost - $36,000) and twenty-one anonymous robocalls (estimated cost - $21,000). Against Peg Ferraro, there are at least four negative mailers (countywide cost - $20,000) and ten anonymous robocalls ($10,000). The total amount of money estimates to be spent, just on the negative campaign, is $87,000.00.

Campaign finance reports filed by the opponents to Angle and Ferarro, as well as the local Democratic party, reveal much smaller sums. They only report spending and indebting themselves in the total amount of $54,000.00. These reports are shams and do not reflect the total amount of money being spent.

Is Severson accepting funds that are never reported on candidates' reports? Is he flying under the radar.

In addition to ab obvious funding disparity, this contention is corroborated by the following facts: First, a former Severson employee acknowledges that he has witnessed Severson making large cash deposits at banks other than those where his businesses are located; Second, checks that supposedly were being paid to Political Strategies, a California corporation, were in fact being deposited with Precision Marketing; and Third, there is a transcript claiming Severson forged names to campaign materials on behalf of MJR.

Other Campaign Violations in Other Counties

Severson's name has also been associated with anonymous mailers in a campaign over a referendum in Lower Macungie Township and in various Bucks County races for the GOP.

Severson's Erratic Behavior.

Severson's erratic behavior has already been demonstrated in an unemployment compensation case, where there was testimony about him making switchblade knives, threatening to kill and stab people, and threatening one of his own employees. In addition, he recently disrupted a funeral service simply because he saw Ron Angle in the crowd.

Sources:

Precision Marketing Corporate records:

$9.9 MM paid to Precision marketing since 2000 by candidates seeking state office:

MJR Services, Inc. corporate records:

Money paid to MJR by state candidates:

Political Strategies, Inc. corp. records:

Money paid to Political Strategies by state candidates:

Elections Code:

Anonymous mailers directed against magisterial candidate Brian Monahan

O'Hare email to DA Morganelli
John Doe Independent Expenditure report

Severson admits he is behind Monahan smear
The Monahan mudslinging

Notes about 1-484-548-6413
Notes about 1-484-548-6400

Campaign finance reports filed by Northampton County candidates in 2007 election
robocall recording

Anti-Angle mailers

Severson disrupts funeral services

Negative campaign against state rep. Joe Brennan engineered by Severson
Tom Severson's profitable world of sleaze politics

Unemployment compensation case against Severson - claimant transcript

Unemployment compensation case against Severson - findings of fact

Commonwealth Court: You Have a Right to Know Your Vote Counts

Late yesterday, a sharply divided Commonwealth Court refused to dismiss a complaint by Dr. Alan Brau, and others attacking the state's lax certification procedures for touchscreen voting machines here and throughout most of Pennsylvania.

Dr. Brau, a local physician, insists these touchscreen machines are unreliable and advocates a voter-verified paper trail. Nearly a year ago, he was spurned by the Department of State when he asked for re-examination of the WINVote system. He is part of a nonpartisan group that has challenged the state's certification in Commonwealth Court. When asked about his motivation, Dr. Brau simply responded. "I'm a citizen. I'm a voter." In addition to general concerns about the lack of a paper trail, Dr. Brau is troubled by the specific WINVote system used in Northampton County. He has reiterated BlackBox Voting's allegation about AVS, the county's voting machine vendor. It's been accused of pulling a bait and switch. After getting its hardware certified, AVS is accused of shipping a cheaper internal hardware system, manufactured in China.

In recent weeks, we've learned we voted last November with machines the state never bothered to certify. And it's about to happen again. Changes are being made to voting software to accommodate large municipal ballots, and those changes won't be certified until after the election.

In essence, the court's ruling means voters have a state constitutional right to reliable and secure voting systems and can challenge the use of electronic voting machines “that provide no way for Electors to know whether their votes will be recognized” through voter verification or independent audit.

Correction: I'm an idiot. I just told you we'll be voting this spring with uncertified machines, but I'm wrong. AVS does want to change its software for larger municipal ballots, but it won't happen until after the primary. County officials won't allow uncertified machines to be used. I apologize for adding to the confusion.

Norco Voter Registration Office: Out to Lunch?

Chris Casey, the Buddha of blogging, recently commissioned four friends to do a comparison of the Lehigh and Northampton County voter registration offices. Two men and two women interacted three times with each office. I knew nothing about this survey. The grades are in, and it looks like Northampton County is going to summer school. Here's an excerpt from Chris' report.

Northampton County? The best grade awarded was an A. they got 1 A. One of our "Secret Voters" had an excellent phone experience when she called for information on where and how to register. The young woman who helped her even suggested that our secret voter, who has just moved her from New Jersey, could register to vote when she gets her PA driver's license, and save herself a trip. I know when I renew my license, they always ask the vote question, I think that's a great idea.

The above experience is the good news, because all the other grades are D or lower. 4 D's. and 7 F's. First off, they don't answer the phone at Lunchtime, between 11 AM and 1 PM, the line is busy. Visits to the facility were a nightmare. That's not really their fault, that parking is such a disaster, but thankfully, they are located in the Wolf building, and you aren't subjected to the body cavity search over in the Rotunda. Their attitude about serving voters is best described as "why are you bothering me?" Granted, they got 4 of their F's for not answering the phone, but visits to their facility on subsequent days during lunchtime literally found the staff "out to lunch".

Hey, you guys ever hear of staggering lunch breaks? I really wanted to cut these guys some slack, that's why I had others with open minds execute simple tasks to tests their services.

I had very simple guidelines, make 3 separate contacts on 3 days, 2 by phone to ask questions, and make one visit to the office to request a simple commonplace request (I.E. change parties or register at a new address)

Northampton county failed miserably. I don't know what is going on in their leadership, but if they were a store, and their service that bad, I would replace the management. I'm also sure that there are people who have dealt with the Northampton Voter registration office and had positive things to say, and the fact that one caller had such a good experience belays that.

But one of our visitors asked the staffer if she could tell him where he would be voting, and the woman huffed, told him, "I don't have time for that, you will find out when you get it in the mail." and walked away.

I have to take my survey people on their word they are being truthful, but none of them knew what the others were doing, so unless they ran into each other at the Wolf building, they didn't know. You guys decide.

In fairness to the Northampton County voter registration office, I visited that office myself a few times. My most recent experience was a few weeks ago and at lunch. Everyone was there. Everyone was helpful. I also just called the office myself, at 11:43 AM. The phone was answered on the first ring. Sometimes, people who call the courthouse do wait an inordinate amount of time for the operator to answer. Perhaps the Casey crew was calling the main number instead of the voter registration office. I am highly critical of that office, but have no complaint with its staff. They seem like a dedicated and hard-working group to me.

Norco Registrar DePaul to Critics: "Liar, Liar, Pants on Fire!"

I've told you what happened before last night's citizen's panel review of Northampton County elections. Now let me tell you about the meeting itself. Task force members Peg Ferraro, Greta Browne, Jack Bradt and Dick Benner agreed to send a letter to the Department of State, seeking answers to certification questions about touchscreen voting machines supplied by Advanced Voting Solutions. They also formalized a survey for candidates, elections workers and voters. The fireworks display came from the peanut gallery.

H.R.H. DePaul's Hired Gun

First and foremost was Larry Otter, an attorney retained by voting registrar Deborah DePaul. He ingratiated himself with both the peanut gallery and the task force by insulting everyone. Otter's claim to fame is that he represented Carl Romanelli, who sold his soul to the devil in an attempt to get on the ballot for U.S. Senate. We all know how that turned out. Otter refused to sit in the peanut gallery with the rest of us. He's too important. According to H.R.H. DePaul, Otter was hired as a "buffer" to protect her "from the falsehoods and basic lies."

The panel was warned it must stop making "outlandish" statements about poor H.R.H. DePaul. When asked what he meant, he said the panel had called DePaul "incompetent." When asked to say when the panel had called her that, he could not give an answer. This dude even managed to offend panel member Jack Bradt, who previously had nice things to say about H.R.H. DePaul. Strike One.

After alienating the committee studying problems in the elections office, Otter turned his wrath on The Express Times and Morning Call, claiming that both papers had lied about his client. Once again, he was asked to provide an example. "The local media need to get their facts straight." The one "lie" identified, is an Express Times allegation that eight people have recently left the office. And that statement happens to be true. Eight people have left the office over the past three years. This turnover is one reason DePaul has given for office problems. Steeerike Two.

Otter couldn't stop with the committee and newspapers. He also blasted local Republican chair Roy Shuman, who has complained that H.R.H. DePaul's office is too partisan. Shuman's charges are "unfounded" and "outrageous." And he minimized complaints about our misleading straight party ballot, complaints expressed by both parties. "Got a problem? Take it up with the state legislature." Strike Three. You're outta' here.

Republican Complaints

Roy Shuman, the dude making these "unfounded" and "outrageous" allegations, was next. He thinks we all "should be treated equally," and it's not happening. It was hard for Shuman to make his points. Whenever he offered a criticism, either H.R.H. DePaul or hired gun Otter would interrupt, something they attempted all evening. Shuman nevertheless insisted there is "preferential treatment," and brought committeewoman Mary Barket to prove his point.

Barket explained what happened recently when a county council candidate was only given five copies of a nomination petition.Barket called about making copies, and H.R.H. DePaul blew up. She accused Barket of "setting her up." Amidst H.R.H. DePaul's repeated interruptions last night, Barket finally turned and flatly said, "It became personal and there was no reason for that. You went from 0 to 60 very quickly."

And the flurry of emails that followed this exchange troubled Roy Shuman because no emails were sent to him. He complained Dem chair Joe Long was getting emails about a problem with republicans, but nothing was being sent to Shuman. H.R.H. DePaul, who has said repeatedly she always notifies both parties whenever she interacts with either party, interrupted Shuman to say, "I don't have your email." Huh? But I thought she said .... never mind.

Judges of Elections

Three judges of elections addressed the panel last night. Two out of three like the new machines. But a Moore Township judge complained that, at the end of the evening, it was impossible to transfer data into the master. This is exactly what happened when AVS demonstrated the touchscreens to the state.

Office Staff

About four members of DePaul's staff were on hand to defend their boss. They claim they're very happy. They approach problems as a team, and had a few disparaging remarks about DePaul's predecessor. I have no criticism of DePaul's staff. I think they're hard workers. I think DePaul's a hard worker, too. But they seemed scared to death when I visited the office last week. Maybe it's my nose. They said last night they resented my previous depiction of H.R.H. DePaul as a witch. Hey, it was a queen! She has referred to her "reign" as registrar, so I'm trying to show the appropriate respect. Maybe I should bow when I see her.

Shawn Millan

Millan, Congressman Dent's evil campaign manager, voices two concerns. First, he notes that the Morning Call, which collects data from each precinct, had very accurate results the day after the election. But unofficial results from the elections office were completely different. Thirteen days later, when official results were released, it appeared that the "lying" Morning Call had it right all along. "How do you blame the machines when the results reported in the papers were accurate?" The variation between unofficial and official results in the congressional race was an unacceptable six percent, compared to one percent or less in other counties. And in State Senator Browne's race, it was a whopping twenty-two percent! Shawn, it's unfair of you to use facts to support arguments. That could start a dangerous trend.

Millan's second criticism, a little less factual, was directed at a ballot designed to encourage straight party voting. He called it a "partisan design that doesn't benefit our democracy." Although we nearly all agree that the ballot was badly designed, I don't think there's any evidence it was intentional. But Millan promised, "It's something we'll be looking out for in the future. It won't happen again." I believe him.

Joe Long

Joe Long, when he addressed the panel, first complained no one has sent him invitations. Gee, Joe, I never got an invitation, either. Then he complained couny exec John Stoffa never returns his calls. I thought he'd start singing, "You don't send me flowers anymore," but he stopped himself.

Right after Republicans complained about DePaul's partisanship, Long commended her and droned on about how much Dems love working for her. He should. His daughter worked there until last year. That's a great way to prove she's nonpartisan, Joe.

Now Long tried denying this. "That's not true. She left before I became county chair." Courthouse records reveal Long's daughter was a part-time elections office worker between April 2002 and July 26, 2006, and Long claimed last night he's been the Dem chair for the past six years. Little things like that make republicans suspicious.

But Joe didn't stop there. He called the elections panel a "witch hunt and public whipping post" for H.R.H. DePaul. "We want people to vote." He's concerned this task force might discourage people from voting. Stoffa has asked them, "How can we do better?" That really should deter voters.

Both The Morning Call and Express Times have excellent, and far more objective, accounts of last night's meeting. The citizens' panel will meet again at the courthouse on March 14 at 7 P.M. You can email any concerns to voter.info@northamptoncounty.org. Minutes are posted on the left sidebar.

For Nazareth Judge Wannabe Franczak, It's Fun to Stay at the Y-M-C-A

Mark Franczak wants to be Nazareth's next district judge. But he has a problem. He and his wife own a nice home in Bushkill Township, and that's outside of Nazareth's district. Franczak was also registered to vote in Bushkill, not Nazareth.

That's when the village people, the good ol' boys, stepped in.

"Young Mark, there's a place you can go. I said, young Mark, when you're short on your dough. It's fun to stay at the Y-M-C-A."

Elections office records reveal that on December 27, 2006, Franczak changed his registration from his marital residence in Bushkill Township to a room at Nazareth's YMCA . The Y charges a $60 weekly room rental rate. So our contributions and membership fees help subsidize a politician seeking election to a judgeship outside his district. In fact, they subsidize a pol who doesn't owe a dime for his Bushkill Township home.

"You can get yourself clean, you can have a good meal, You can do whatever you feel ... ."

One of the village people popped on my blog to claim Franczak is "REALLY LIVING (eating, sleeping, etc.)" at the Y. Well, I have a copy of the standard Nazareth YMCA room rental contract. It prohibits cooking, even hotplates. You can't eat if you can't cook. The contract also prohibits female, as well as overnight, visitors. You're not really living if you can't enjoy your wife's company.

Franczak gets bad advice from the good ol' boys. First they have him drop off nomination petitions at a local business with no circulator in place to witness signatures. That's clearly illegal. Then they have him move into the Y to evade residency requirements in our Elections Code. But they apparently failed to read it. "The place where the family of a married man or woman resides shall be considered and held to be his or her place of residence, except where the husband and wife have actually separated and live apart, in which case the place where he or she has resided for two months or more shall be considered and held to be his or her place of residence." There is no record of any divorce action between Franczak and his wife.

Under our Elections Code, Franczak's residence is not the Y, but his family home in Bushkill Township. The obvious reason for this statutory requirement is to prevent the very kind of abuse that Franczak is trying to shove down our throats. Gazillionaires from Philly could rent rooms here and would control every office in this county. We'd no longer be a representative democracy. What Franczak is attempting is no different. If he moved his family into some apartment or home in Nazareth, I'd have no objection. I'd even help with the fridge. But Franczak doesn't want to do that because he might lose the election. He can't have it both ways. If he wants the job, he really must become a member of this community, and subject himself to the risk of losing.

Unlike many of our other laws, the Elections Code has some teeth. I don't believe Franczak has acted willfully, but has just followed some bad advice. After being put on notice that the Elections Code considers his residence his marital home, oaths or affidavits reciting the Y address could have serious consequences. He really needs to withdraw his candidacy.

"Young Mark, are you listening to me? I said, young Mark, what do you want to be?"

Regardless whether Mark rents from the Y or even sleeps there from time to time, our Elections Code considers his Bushkill Township home his true residence. And our constitution imposes yet another requirement. Anyone who wants to be a district judge must live in the district for an entire year preceding his election. Since Franczak didn't bother changing his registration until December 27, 2006, he's in no position to argue he's been in Nazareth for a year.

Yet he does. He claims to have moved into Nazareth in October. If so, and if Nazareth is truly his residence, where did he vote in last November's election? He's treading on very dangerous ground here. Once again, he can't have it both ways.

To State Elections Officials: Thanks - for Nothing!

Election Day is only two business days away. In the Lehigh Valley, there are only 3 contested elections for state office. In two of those three districts, state elections officials have still not listed the campaign finance reports on the net.

This certainly defeats the purpose. Why bother at all?

State campaign finance laws clearly require state candidates to file copies of their reports in their home districts, but astonishingly, most local elections officials don't seem to know that. In Lehigh County, I was flatly told that state candidates need not file reports. And in Northampton County, I was told they only do so as a courtesy.

Instead of running around the Lehigh Valley with cardboard checks, local and state officials should spend a little money to make sure that campaign finance reports are listed on the internet within hours of being filed, and should take a little time to make sure that local elections officials understand the laws they supposedly administer.


Election Eve Update

With the election now only a few short hours away, the campaign finance reports for the 133rd state rep. race have not yet posted on the Internet. Given the controversy concerning Rybak's report, this is a completed abdication of responsibility by state elections officials.