Ballot appeal working through court
Workers in the Washington County elections office are ready to begin mailing absentee ballots Monday, but their task has been hampered by two issues – one countywide and another affecting voters in Washington – that have been litigated in appellate courts.
“By Monday, we’re going to have to move forward. We have to print ballots,” said Larry Spahr, Washington County elections director. “That could present a serious problem,” he said of the unresolved court cases.
Commonwealth Court on Thursday established a briefing schedule in the challenge to Washington Councilman Joseph Manning’s incumbent candidacy on the Democratic ballot. Another component of ballots for voters in both Washington and Greene counties – for the office of jury commissioner – was decided late Thursday when the state Supreme Court affirmed an order of Commonwealth Court directing that the office appear on the general election ballot featuring candidates chosen by the respective political parties.
James Walsh, attorney for Bernard Russell, who is seeking to have Manning’s name taken off the Democratic ballot, said Wednesday, “Essentially, the judge threw it out on a technical violation.” Russell alleged that Manning’s nominating petition had an insufficient number of valid signatures from registered Democrats.
Washington County Judge Gary Gilman tossed the challenge because Walsh failed to present it in daily motions court, where similar cases are typically accompanied with a request to set a hearing date. The challenge wasn’t heard by a March deadline, so Manning was successful in asking Gilman to dismiss it.
Manning said Wednesday, “I don’t necessarily agree with Mr. Walsh’s assessment that the judge threw it out on what (my opponent) termed ‘a technicality.’
“I don’t think there is any such thing as a technicality in the legal system. Time frames are part of the law.”
Commonwealth Court set various procedural deadlines for Russell’s appeal, the latest of which is April 23.
“This appeal shall be submitted for decision on the briefs filed without oral argument, unless otherwise ordered,” the appellate court decreed.
Manning was the only Democrat who filed for one of two open seats on City Council.