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Home My WebLink About01-03441 RE: TO THE HONORABLE, THE JUDGES OF SAID COURT: COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-3::1 ~ ~~~ ti"fi ()i ~!~, ~e --0 5:!l ~o $ '5.?n The Petition of the undersIgned represents as follows: 'P12 -:: ~ I. The petitioners are citizens and qualIfied electors of Shiremanstown Borough of ~um~lan; County, Pennsylvania. PETITION FOR RECANV ASS OF VOTE IN SHIREMANSTOWN BOROUGH CUMBERLAND COUNTY 2. A general election was held therein on May 8, 2001 (the "Primary Election") for the office of Mayor of the Shiremanstown Borough. 3. The Petitioners, in their belief, aver that an error in vote counting at the county level altered the results of said election. The results reported by the borough Election Officials represented an 86 to 81 win of the Republican nomination for Harry Marsh as Mayor of Shiremanstown. The county vote tabulation altered the results into an 82 to 81 win of the nomination for the incumbent Mayor, Dean Lebo. 4. Your petitioners believe that the return of votes reported of the Shiremanstown Borough constitutes a false return and untrue. 5. This Petition for are-canvass of the votes in the Shiremanstown Borough Mayoral election is being filed pursuant to 25 P.S. 3261. WHEREFORE; Petitioners pray that your Honorable Court enter an order directing the re- canvassing qf the vote by hand count in the said Shiremanstown Borough Mayoral election, appointing a time and place for the proposed re-canvass of the votes in the Shiremanstown Borough, thltt notice ofthe time and place of the proposed re-canvass be given by registered mail to each canclidate whose name appears on the ballot for the office of Mayor of Shiremanstown Borough. , !J DATE:}~S ~ooi m~ 'V}. 170 JI -"\;""1""""'".0,." ~_". ,'_ ,.. -I ~ ~ ~'F ..d - ,. RE: PETITION FOR RECANV ASS OF VOTE IN SHIREMANSTOWN BOROUGH CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CNIL TERM 2001 NO. 01-3441 Certificate of Service ~:~Y",md /tJ.2D Jp.m. on June 1(' 2001, by handing him a c place 0 the recanvass of the Election District listed above. ~A 2JC?~ C at of said notice of the time and th Acknowledgement of Receipt of Notice ofRecanvass I, -1 candidate for Mayor for the above listed Election District, received a copy ofth' notice of the time and place of the recanvass of the Election District listed above at 10: ::to ~/p.m. on June )? ,2001. .<. " ,.,.,.:" ,- f"'" " ,,~--, -~_."~ . .._.~ > ~"-= < .,,~ ..<~ ".. -"~"*"W" '""""'''1''''-''''. "-...._~."- ~~ ""''''A''''''''P_"~',',,,_,,,O (") c.:) c:: C~ -, -q -us.. ct' 5:::: (s filnl 2::0 :;;;:: . ',-;.--: 2(- f "'~,;T: (0 C0 Co. ~L'~ Co :re, ~D '. , ~O ~~; -:~~;{~) -'"' >0 ='i .2:-':;;F- " "._, c:: ";-: 6;11 2 ----1 =< ''0 ., :D .~ -< II Ii 'I Ii k ..,M, ,',' <~_~~. ..!illll:fl''1I[I.'!lIW~!tJIl~l:M!'~,",,>,,~ , ,.~ ~3Iro"!<~!ffl~illf:r1!!W~,_1ll>"F",i':'7_"_'"""'r~'!'3!?:'J"Y'~'~i"'i'--.- -"i"_'''r'~~'''''''~''''F1~j''P''W_''f<<'""M'[Ij"q'\W~""~",-"",,,,"gri'ilJ!;;l'ill!f:!:<~~~ RE: PETITION FOR RECANV ASS OF VOTE IN SHIREMANSTOWN BOROUGH CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM 2001 NO. 01-3441 ORDER And now this +-" day of June, 2001, upon consideration ofthe above captioned petition and the objections filed by the Cumberland County Board of Elections it is ordered and decreed that: (a) The Petitioner shall deposit $50.00 cash, or a $100.00 bond pursuant to 25 P.S. 3261, within three (3) days of service personally or by registered mail, or the Petitioner's Petition shall be denied. (b) If Petitioner does deposit $50.00 cash, or security pursuant to (a) above, then the Board of Elections staff shall conduct a recanvassing of the vote after service personally or by registered mail ofthe time and place of the recount to the two individuals that received the highest write in votes for the office of Mayor in Shiremanstown Borough. (See 25 P.S. 3261(c)) J. Co F PBs 9,'o0J --Jc, .J. U)&L~ {",/7IDI :::z.rv, "'. ---- '--~. ,- ~ ~ " " 'J2"!'"-~1i " "~~~ .d 0 0 0 C -on :s:::: ~- ~~~;;~ V IT,: c= 01 fT; -- Z'::() ,,- , 2r;:.:. I q2j (Jj ,". .-1 -<L S~~ ~~ kCi ?~: ~~ )>C' ~g ~ '--1 :\:"" )> ::D tC> -< ~_y~ J:IlI'I!!ilWl~~i"l!'-~~!I!!i!~~~~NI,*,~~~1'>e'l'"';,("i'<\;-!~"<"'i%f"'I'_1IH;H",,=.w'ii~,~;tYilFr>'f.':'''!Xl""r:fl1!,~,-'!g'.'!_~'''_'M'!-'i~'iI-'f!-w..f"j''~~~ : RE: PETITION FOR RECANV ASS OF VOTE IN SHIREMANSTOWN BOROUGH CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM 2001 NO. 01-3441 COUNTY OF CUMBERLAND BOARD OF ELECTIONS OBJECTIONS TO PETITION FOR RECANV ASS OF VOTES And now come, the Cumberland County Board of Elections through its Solicitor, Stephen D. Tiley and states the following: 1. Petitioner filed Petition for recanvass under the Election Code, 25 P .S. 3261. 2. Section 1701(b) ofthe Election Code, 25 P.S. 3261, requires that a petitioner deposit $50.00 cash, or $100.00 bond, for each ballot box desired to be opened. 3. Petitioner in this case has failed to deposit said cash or post said bond. 4. The Board of Elections must certify the results of this election to the State as soon as possible. WHEREFORE, the Cumberland County Board of Elections prays that your Honorable Court enter an Order: (a) Directing that the Petitioner deposit $50.00 cash, or a $100.00 bond pursuant to 25 P.S. 3261, within three (3) days of service personally or by registered mail, or the Petitioner's Petition shall be denied. (b) Directing that if Petitioner does deposit $50.00 cash, or security pursuant to (a) above, then the Board of Elections staff shall conduct a recanvassing of the vote after service personally or by registered mail of the time and place of the recount to the two individuals that received the highest write in votes for the office of Mayor in Shiremanstown Borough. (See 25 P.S.3261(c)) Respectfully submitted, ^~.J(J-~ ~~!; ;iley, Esquire Assistant Solicitor Date:r S; r5W8( f""""~"" "~--~--. " ,". "-,- " " " , "O...,..,~"___~O; VERIFICA TION I, Dennis Marion, being duly sworn according to law, deposes and states that he is the County Administrator of Cumberland County, Pennsylvania; that it is his information and belief that the facts set forth in County of Cumberland Board of Elections Objections to Petition for Recanvass of Votes attached hereto are true and correct to the best of his knowledge, information and belief. This Verification is made subject to penalties of 18 Pa.. C.S. Section 4904, relating to unsworn falsification to authorities. ~~ County Administrator Date: (, ~-CJ I -;-"'-f'''"'''_~''~'F-,~,..-L '''!I!~ r ~ q.." _ - .~ -~, "..,. ~~v ." JUN (I 6l;fJfJ:I tP RE: PETITION FOR RECANV ASS OF VOTE IN SHIREMANSTOWN BOROUGH CUMBERLAND COUNTY TO THE HONORABLE, THE JUDGES OF SAID COURT: Q o ....~"\ COURT OF COMMON PLEAS2, .- .:;\..., CUMBERLAND COUNTY -o~ ~:~~ TERM 2001 ~~ :.r. 'l~?\Q, A ~ >/1 ~\h :k~ NO. &/' 3WI Ct()M' ~e ~ 't~ -zO .- ~ "?i:.<2 .' ~ 7'3. ~ ~ The Petition of the undersigned represents as follows: 1. The petitioners are citizens and qualified electors of Shiremanstown Borough of Cumberland County, Pennsylvania. 2. A general election was held therein on May 8, 2001 (the "Primary Election") for the office of Mayor of the Shiremanstown Borough. 3. The Petitioners, in their belief, aver that an error in vote counting at the county level altered the results of said election. The results reported by the borough Election Officials represented an ,86 to 81 win of the Republican nomination for Harry Marsh as Mayor of Shiremanstown. The county vote tabulation altered the results into an 82 to 81 win of the nomination for the incumbent Mayor, Dean Lebo. 4. Your petitioners believe that the return of votes reported of the Shiremanstown Borough constitutes a false return and untrue. 5. This Petition for are-canvass of the votes in the Shiremanstown Borough Mayoral election is being filed pursuant to 25 P. S. 3261. WHEREFORE; Petitioners pray that your Honorable Court enter an order directing the re- canvassing of the vote by hand count in the said Shiremanstown Borough Mayoral election, appointing a time and place for the proposed re-canvass of the votes in the Shiremanstown Borough, that notice of the time and place of the proposed re-canvass be given by registered mail to each candidate whose name appears on the ballot for the office of Mayor of Shiremanstown Borough. DATE')....... S :l..M I ~m~ }~:!~;Qd J70 II ,'';,~_C',,'!!'J'l'lf . "',_ .. ".-~ ,", ,"1'-,_ ,,>., "',__.-" "',C=,. _"~",'''' :~",~~ '.-",',. ~r."~ -. VERIFICATION The undersigned hereby states that they are the Petitioners in the foregoing Petition for Re-canvass of Vote in Shiremanstown Borough, of Cumberland County, Pennsylvania, and verifies that the statements made in the foregoing Petition are true and correct to the best of their knowledge, information and belief. The undersigned understand that the statements therein are made subject to the penalties of 18 Pac C.S.A. 4904 relating to unsworn falsification to authorities. DA~ 5' ~I DA~~2001 DATE~o; A-PPI ,:~,'~,,- - ,',,,,,.'~ _~,,_,,_,_ e- _', .' {n"-~['_--I "-"1'_ py, - .,- _,r" - ".< ? ~ Yf~~~..~~ ,~ - , ,', ~->-, J [) to Wi" ~'_'~_k_~__' ~~ - ,~_ "'l"':~~~="",",!I!!I"",'"~ ~ -- ,- '" ~. '-, ""~" , ',,~ _'li!I ," ,'d.'". ., .." ....."....,... ""'il'~"~'" '1" mr 'I Tn'j ..Ad ~~m;;,*iH,I<,~"~P1'~W<;W"':;:';jR?"I'1f:~1~1f.'ffli!~~~~lil!Jr;:l'w<J\!1f1~~__,~',~,,~J1!~':~ ..,J, ~ -~ , , - PETITION FOR RECANV ASS OF VOTE IN SHIREMANSTOWN BOROUGH CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM 2001 NO. 01-3441 ~ ORDER And now this 10' day of June, 2001, upon consideration ofthe above captioned Petition and Motion for Confirmation ofRecanvass of V ote for the office of Mayor in the Borough of Shiremanstown filed by the Cumberland County Board of Elections it is ordered and decreed that: 1. The recanvass of the Republican ballots cast for the nomination of candidates for the office of Mayor ofthe Borough of Shiremanstown resulted in the following: Harry Marsh 92 Dean Lebo 84 2. The Court certifies that no fraud or error was discovered. 3. The Prothonotary is directed to return to Petitioner the sum deposited by him pursuant to Section 326l(e) of the Election Code, 25 P.S. 326l(e). ,J ~ ~&> L~<\,~~ ~\Z ,"''''-'IliM!,,!. , ~ _ . J~-,' _ "')N" " _"'fl!!.,"".r-", ',,",,'~''''''~'''~' ,~ l.".:S!!1,..;,.'~io!';".i~'A~~Mtil'~lli.i~!li::;r;~~ll<&y~,~l;\llJj~ ,~ . . ^ ;. ;'.' ,r'::)'i~;nY {i I P n,l J n <..i 1 ~.<;,;!~ J C .^".: II" ,." '" j '.J t~ CU",:" ...... rv'idcril)lj'lJ0 COUNTy PENNSYLVANIA ' " ~ . .~ , ~J~~ ~" ,...~_.,,_ _, .,'" ~ _~~ i.iI!I:llimM - 1;,1 ~ l ~ ~ L ., IJ .t );-, ""," ~. . . , . , RE: PETITION FOR RECANV ASS OF VOTE IN SHIREMANSTOWN BOROUGH CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM 2001 NO. 01-3441 COUNTY OF CUMBERLAND BOARD OF ELECTIONS MOTION FOR CONFIRMATION OF RECANV ASS OF VOTE And now comes, the Cumberland County Board of Elections through its Solicitor, Stephen D. Tiley and states the following: 1. Petitioner, Harry Marsh, filed a Petition for recanvass of the ballots for the nomination of candidates for Mayor in the Borough of Shiremanstown under the Election Code, 25 P.S. 3261 on June 5, 2001. 2. The Cumberland County Board of Elections filed objections to said Petition on June 6, 2001requesting that the Court enter an Order directing the petitioner to deposit $50.00 cash, or a $100.00 bond pursuant to 25 P .S. 3261. 3. The Court entered an Order directing Petitioner to deposit $50.00 cash, or a $100.00 bond within 3 days after service personally or by registered mail, or petitioner's Petition shall be denied. 4. Petitioner was personally served said Order at 10:20 a.m. on June 8, 2001 by Janet A. Walter. 5. Petitioner filed the required security on June 8, 2001, in the Prothonotary's Office. 6. The time and place of the recanvass was set for 10:00 a.m. on June 9, 2001, at the Cumberland County Board of Elections, 37 W. High Street, Carlisle, PA by the Board of Elections. 7. All candidates for Mayor in the Election District were personally served with Notice of the time and place of the recanvass. 8. The recanvass was conducted as scheduled. 9. this race. At the recanvass the Petitioner waived the recount of the Democratic ballots for 10. The recanvass resulted in a change in the Republican vote for both candidates. Petitioner received a total of 92 Republican votes, an increase of 9 votes, and the other Mayor candidate, Dean Lebo, received a total of84 Republican votes, an increase of2 votes. '.-.~~- "'j--- , , ~ ~ , '~ ~ , 'I .'~ ~--- , ~ . ~ -',' ~ 11. The result of the recanvass did not result ill fraud or substantial error, however, it did effect the result of the Republican Primary Election for the office of Mayor in the Borough of Shiremanstown. 12. Cumberland County uses an electronic voting system which utilizes paper ballots to register the votes. The instructions printed on each ballot given to voters using a system of this type states: "To vote for a person whose name is not on the ballot, you must blacken the oval to the left of the line provided, and write, print or paste the name in the blank space provided for that purpose." 13. The Board feels that the standards of review are different for the initial electronic ballot counting than for the recounting of the paper ballots. The statute governing electronic ballots mandates that for a write-in vote to be counted the oval must be filled in and the candidate's name must be written in the space provided. However, in a manual recount setting the Board has the opportunity to review the each ballot. The Board feels that if the intent of the voter is manifest then the write-in vote will be counted whether or not the oval is colored in. 14. After review during the recount the Board accepted 9 write-in votes for the Petitioner and 2 write-in votes for Dean Lebo in which the names of Marsh and Lebo were written in the correct space provided but the oval was not colored in. 15. Section 326 1 (e) of the Election Code, 25 P.S. 3261(e), states that upon certification ofthe court that fraud or substantial error was not discovered, the Prothonatay shall pay the said sum deposited with him to the County Treasurer. 16. The Board, however, would not object to the return of the sum deposited with the Prothonotary. The Board recognizes that there was a substantial change in the result of the election. The changes, however, in the Board's opinion was not due to fraud or error. WHEREFORE, the Cumberland County Board of Elections prays that your Honorable Court will direct the sum deposited with the Prothonotary by Petitioner to be returned the said Petitioner. Respectfully submitted, ~-f)'2~ Stephen D. Tiley Solicitor to the Board of Elections Date: ~ I d; o:?IJ-B / / ;-!"_'if."~!'l_~ ,,",,,"" . '-, -~ "' , ' ,,,,,",,,,, ~ .~~ .~~ , . ',< "'1 , , VERIFICA TION I, Dennis Marion, being duly sworn according to law, deposes and states that he is the County Administrator of Cumberland County, Pennsylvania; that it is his information and belief that the facts set forth in County of Cumberland Board of Elections Motion for Confirmation of Recanvass of Vote hereto are true and correct to the best of his knowledge, information and belief. This Verification is made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: (,.. - (5'--0) -6-('-/-0 I ~~ 'Dennis Marion County Administrator ^~--""'''W'l'""j;' _ _ . n, _ "'''"'_ . ~ . ~" , , ",~"'"~ ':j:, _~Ill\! .. t' .' '-'j" (\,O\ ,\'''\ .~ 'f ,~~- i~ >)- ~ I- a: ::J Z" 0 :::)b I QZI-b:C'l OZ::)'- I Ui:50~ 'I, C~g~" ~: Za..<tZO- j: ) ctW~:Juf ~ ~,' h ..J~OO....J rJ) ;';'i.', i...... a::~a:()~:r: ~ , I W~~~~ en ,,:$ 1.'.1 ~: aJWW:)U p::; ~",:;..." ~ :E~ ffi ~ ~ ~ = ;j: ~ B~ ~ ~ e:, b ~ ~! I 0 ;, ~mj I" 1-0 O>.::t: o:;j'~ ~ 2~ ~ ~ ;:;~I i ;;: u ~ Ii r ~ MP::;~ \ 0::= OJ, ,~~g~---=----m.,;;~:~-~~"","~.;,~'"!~ --=~"';c~~.,,.,_ __~':f~-..lj tl ~~, ro I.D ~I" , M cry i5 N 0 ,., 0 ....... 0 \) en ~ tA ~ ~ .~: ,Ii :j 1 ~ I :~ ., 'j! ~: i ,'I " I~i , M: ~! ,-ji . :'1 (j) a: " ..J ..J o o . .tt) +" , , (,.) . 0 ~~ 0 i1 ~<n "...... ,. <:::3 ~ '0 ~ 0 ... , ... , U) . , i <:0 [1 0>- i 0 ~I -tota;;, ... Q41 .... Z'Cj'1 <<,.1 ell ~i ~fIj;;! ~! a::Oi r1"I w-: ! 0 ~I: .....1 1Il ~, 1:0 ... ~ ,~ ;:>c I r1"I ~ (JQ. ... " r1"I . I' 0 I .. ?, S>=13.l.N'~d >1:::J3H::J 3xr n ColU .J..nO-E3t::J'I:1:::J ,-- - ~~ Cumberland County Prothonotary's Office Manual Rele~se"~neck Reglster Escrow Amount 10334607092001 PYS405 Distribution Case No -------------------------------------------------------------------------------- 1236 3795 MARSH HARRY BOND 2001- 03441 Accounting Tran Date Paqe 1 7/09/2001 Date Release Check Date: 07/09/2001 Check No.: PYMT/CASH 50.00 6/08/2001 Grand total: 50.00 Payee total: 50.00 -------------------------------------------------------------------------------- is'''''","~~'',~r, '1"I "<~ ~~~..~ ~...""""'