Cook, Toprani separated by a dozen votes; election board to judge validity of 19 challenged provisional ballots
State Rep. Bud Cook clung to re-election in the 49th Legislative District by a 12-vote margin Wednesday with only 19 challenged provisional ballots hanging in the balance.
Cook, 62, a first-term Republican from West Pike Run Township, has held a slim lead over Democratic challenger Steve Toprani, 39, of Monongahela, since election night.
On Wednesday, Fayette County issued final unofficial results, and Washington County counted the last of its regular ballots after the Nov. 13 deadline for military and civilian overseas votes.
The total late Wednesday morning stood at Cook, 9,937, and Toprani, 9,925.
Running under the slogan, “Re-hire Bud Cook,” the first-term legislator has a hurdle to clear this morning when the candidates and their representatives go before the Washington County Elections Board to evaluate if the 19 provisional ballots contain “fatal flaws” that would disqualify them.
When cast, these ballots were to have been placed in sealed envelopes, which have not yet been opened to preserve secrecy. The provisional ballot must include a signed affidavit, and the outside envelope must also be signed. Failure to complete these tasks, under state law, disqualifies a ballot.
The election board is to determine if the correct procedure was followed when the provisional votes were cast.
In years when they are not on the ballot, the county commissioners serve as members of the election board.
Cook and Toprani are each challenging provisional ballots, said Larry Spahr, Washington County elections director.
Depending on the outcome of the challenge, a ballot may or may not be counted.
“They have no idea about the effect their decision will have,” said J. Lynn DeHaven, Washington County solicitor, emphasizing ballot secrecy. “They’re just simply going to follow the law.”
Toprani, former Washington County district attorney, defeated longtime incumbent district attorney John C. Pettit in 2007, but he chose not to run for the office for a second, four-year term.
Voter turnout in Washington County was nearly 59 percent, with 83,147 going to the polls or voting by way of absentee ballot.
Forty-three percent of straight-party votes went to Democrats, while a little less than 57 percent of straight-ticket votes were for Republicans.