Benyak objects to ballot-position drawing
Charleroi attorney Alan Benyak, one of six candidates vying for the Democratic nomination as a legislative candidate in the 49th District, formally objected to a drawing held Monday to determine fellow candidate Robert Kepics’ ballot position in the April 26 primary, but when it was over, Benyak still had the top position.
In a Feb. 24 drawing, Benyak chose the lowest number – two – which meant his name was to appear first on the list of candidates. At that time, Kepics, the mayor of Monongahela, was not among the candidates. His nominating petitions had been rejected by the Department of State because the sheets of paper were filled out only on one side. Kepics went to Commonwealth Court, which allowed his candidacy as long as each circulator submitted a sworn affidavit by Feb. 26 that all relevant information was attached while the petitions were being circulated.
Election Commissioner Jonathan Marx, conforming with an additional court order issued March 3, notified all candidates his office accepted Kepics’ petitions.
Numbers already chosen by candidates or their representatives were not part of Monday’s supplemental draw, but if Kepics had drawn one, he would have bumped Benyak from the top spot. Instead, the number drawn on Kepics’ behalf put him third on the ballot, behind Benyak and Brendan Anthony Garay of California. After Kepics are Mark L. Alterici of Charleroi, Donn Henderson of Fallowfield Township and Randy J. Barli of Coal Center.
Benyak, in an email last week to the Department of State, said he could have been penalized, citing “many studies conducted that demonstrate that being first on the ballot increases a candidate’s vote total by as much as 15 percent.”
“Mr. Kepics’ nomination petitions were originally rejected by the Department of State because he failed to follow written instructions on how to properly prepare and print his petitions. (He) was granted special dispensation by the Commonwealth Court of Pennsylvania. This situation is the result of Mr. Kepics’ negligence and sloth.” Benyak asked the Department of State to place Kepics’ name last on the ballot.
However, the supplemental drawing was permitted to take place as scheduled Monday morning.
On the Republican ballot, Donald “Bud” Cook of West Pike Run Township has the top spot, and Melanie Stringhill Patterson of Washington Township, Fayette County, is second.