Mar 27, 2019 4 min read

Washington County President Judge Katherine B. Emery ruled Tuesday afternoon that Democratic incumbent Clerk of Courts Frank Scandale can remain on the May 21 primary ballot.

Scandale, 51, filed an ethics form as an office holder within a timely manner and was, according to the judge, permitted to amend it last week to reflect his candidacy for the row office he has held since January 2016.

This sets up a contest in November between Scandale and Republican Brenda Davis, who was previously Washington mayor.

“I’m pleased but not surprised,” said Steven Toprani, one of two lawyers who represented Scandale in Monday’s court proceeding.

“I appreciate the swift decision by the court. The law favors amendment and this is an amendable issue. I look forward to seeing Frank’s name on the ballot in May.”

Attorney Sean Logue, who represented Georgiana Farkas, petitioner, of Washington, in court was asked if he intended to appeal Emery’s decision. He replied that he was reviewing it.

Meanwhile, attorneys for a Republican Washington County treasurer candidate David Borodaty and a member of his party who challenged the validity of claims made in campaign literature and on social media reached an agreement Tuesday afternoon that Borodaty could remain on the primary ballot.

Borodaty, 55, of Monongahela, agreed to “cease and desist” from using references that he founded Aesthetic Implant Reconstructive Dentalplex in Allegheny County, where his brother is a prosthodontist.

The parties also agreed that Borodaty has never held any ownership interest in the dental practice, a professional limited liability company.

Borodaty turned over to Elections Director Melanie Ostrander a box of hand cards referring to the dental practice. He agreed to modify social media posts by 8:30 a.m. today.

According to the agreement, the treasurer hopeful identified his sole source of income is a Social Security disability benefit he receives from the U.S. government.

Emery, who signed the stipulated order, retained jurisdiction if Borodaty does not comply.

Borodaty declined comment at the courthouse Tuesday afternoon.

“We won. He stays on the ballot,” said his attorney James J. Walsh.

Mark A. Mikec of Peters Township, who challenged Borodaty’s right to have his name stay on the ballot for the May 21 primary, said, “I think the outcome was fair.”

Mikec, in court documents, also questioned Borodaty’s residency, claiming that he lives in Fayette County.

Attorney Lane Turturice, representing Mikec, contends that Borodaty would not be a qualified candidate at the time of the primary because he hasn’t been a Washington County resident long enough. But, if nominated, his residency status would reach a one-year mark in August, which is prior to the Nov. 5 general election.

Also on the Republican ballot for treasurer is Tom Flickinger.

Democratic candidates running for treasurer are Joe Manning and Lisa F. Carpenter. Incumbent Democratic county Treasurer Francis King is retiring at the end of his current, four-year term.

Emery also heard argument Tuesday afternoon on a challenge to the nominating petitions of Mark Kennison, who is the lone candidate on the GOP ballot for Washington mayor.

Turturice, who represents Kennison, cited case law allowing a “tag-team” approach taken by Mark Kennison Sr. and Mark Kennison Jr., circulating a nominating petition when they were only an arm’s length to a few houses away from each other. The candidate signed the affidavit of circulation.

Toprani in this case represented challenger Catherine C. Strope, the mother-in-law of incumbent Washington Mayor Scott Putnam, a Democrat who also secured a Republican nomination four years ago and ran unopposed in the general election.

Toprani called the legal arguments “two different views of the same coin. It comes down to language and rules. These cases are different. This is why there are decisions all over the board.”