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Home My WebLink About05-6090 IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r!c 05' tMo CWJ .-r;:. CP-21-MD-663-2005 PETITION TO CONTEST AND NOW, come the undersigned, twenty registered voters residing within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005, by and through John A. Abom, Esquire, and request that the election results of Magisterial District Judge 09-2- 02 be recounted and to the extent there is any difference in said results, that the previous results be contested by averring the following: 1. A municipal election was held on Tuesday, November 8, 2005, at which time ballots were cast for the election of various public officials and judges, including Magisterial District Judge 09-2-02, which encompasses the various precincts within the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Jessica Becker Rhoades (hereafter "Rhoades") was the Democratic nominee and Kathleen D. ("Kathy") Keating (hereafter "Keating") was the Republican nominee for Magisterial District Judge 09-2-02. 3. As a result of a software error, the Cumberland County Board of Elections obtained a court order on Thursday, November 10,2005, directing a re-tabulation by hand count and electronic count. 4. The hand count re-tabulation was held on Thursday, November] 0, 2005 and the electronic count re-tabulation was held on Friday, November]], 2005. 5. Pursuant to 25 P.S. 99 3431, 3456, 3457 twenty qualified electors of the election who voted in the election at least five of whom are verified by affidavit, may petition to contest on the grounds that the election was illegal, and the returns thereof was not correct and that the petition is made in good faith. 6. Pursuant to 25 P.S. 9 326](a) three qualified electors may petition a recount if there was "error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast... for any particular office." 7. This petition is being filed in anticipation to a petition to recount the ballots or contemporaneously therewith. A copy of one of nine Petitions for a Recount is attached as Exhibit A. 8. The time for filing for said recount petition is not ripe because the Cumberland County Election Board has not recorded, announced and attested the results of the November 8, 2005, municipal election pursuant to 25 P.S. 93154(1). 9. The petitioners allege based upon information which they consider reliable that the errors were committed in the computation of the ballots cast for the Office of Magisterial District Judge, Magisterial District 09-2-02, and, thus, the election results are illegal. Said error leading to an illegal result include: a. There is an unexplained difference in the number of total number of persons that voted. The machine ballot tabulation completed on November 8, 2005, indicated that a total of 3,461 persons voted. The hand tabulation completed on November 10, 2005, indicated that a total of3,508 persons voted. The difference of 47 votes was not due to the earlier-discovered software error. b. During the November ] 0, 2005, re-tabulation, persons present became aware of an unexplained "other" absentee ballot sealed in the ballot boxes, contrary to the usual and customary practice. Customary and usual procedure would have been for a resolution ballot to have been created for this "other" absentee ballot on election night and run through the electronic tabulation machine. Customary and usual procedure would have been for such original to have been placed in a signed, dated and sealed Resolution Ballot envelope. This "other" absentee ballot included a vote for Democratic nominee Rhoades. A resolution ballot was created for this "other" absentee ballot during the November 10, 2005, hand tabulation and its vote included in the tally. It is unknown if this "other" absentee ballot was counted twice. c. Within the election district of Carlisle Borough Third Ward, First Precinct at least one ballot was not counted for Keating during the re-tabulations. The voter clearly indicated preference for Keating in a manner similar to indication of preference for all other candidates on the same ballot. This vote for Republican candidate Keating was not included in the tally. d. A total of eighty seven (87) "no votes" were tallied with respect to the election of Magisterial District Judge 09-2-02. Keating was permitted to observe only a handful of the ballots during the re-tabulation in contravention to 25 P.S. S 3154 (d)(2). e. The November 11, 2005, machine tabulation agreed to the hand tabulation of November 10,2005, in seven of the nine Carlisle Borough polling places, but the machine tabulation for election districts for Carlisle Borough Fourth Ward, First Precinct and Forth Ward, Second Precinct did not agree to the hand tabulation. f. On November 11, 2005, a second hand count tabulation was completed for the election districts of Carlisle Borough Fourth Ward, First Precinct and Fourth Ward, Second Precinct. In both election districts, the second hand count differed from the first hand count by one vote. g. It has been learned that an unspecified number of ballots were darkened by Cumberland County Board of Election staff members. 10. Inasmuch as the results of the hand tabulations of two of the nine election districts which were counted two times differed, it is likely that additional errors occurred in the counting of all nine districts because the decision as to whether a ballot was cast for one candidate or the other, or not cast at all ("no vote"), is subject to interpretation as to the voter's intent. II. Inasmuch as there is a purported difference of two votes together with the alleged errors, this petition is made in good faith because only one error in the vote count can change the outcome of the election. 12. A defeated candidate has only 20 days after election within which to institute contest proceedings even though a recount proceeding is not completed within such period. See, In Re Opening Ballot Boxes of Greenwood Township, East, Election District. Columbia, Countv, 334 Pa. 350,25 A.2d 330 (1942). 13. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring the election process is in conformity with the election code. ]4. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring that there is one accurate count. 15. If a recount is conducted in accordance to the Election Code, it is unlikely that Ms. Keating will contest those results or the election any further. WHEREFORE, the undersigned petitioners, all registered voters who voted in the election on November 8, 2005, and who believe that the election returns are incorrect and, thus, illegal, respectfully request this Court conduct a hearing to determine the nature of alleged illegal returns and to take whatever action this Court deems appropriate, including directing a revision of the results of the questioned election. C., Q >i ~:X \,\ hCd,,- -C 1.. \\~\\\C\..\ \(\ \ k:::~.LA.\. ~ ~.C \ /~l:'--'I'--CLt. printedName::~Lv\j:J("---rc.ClvC~nO,U(I~) PrintedNam~:- ~J t<e.r r L1 j\"l. - I Date: J I - :JO . Dj Date: ~ .:2 G I ,--, <:.::. :~~~~~!~ ~SJif~~ ( Date: L:':-.C~~ n c-; \ //) . fJ .\L/. 1: o IJ-UC)-d!rd. (vv, Printed Name: L6Ii b-;;;d.c,,{,.) Date: i I /2.0 / C 0::;- , I 1;2~4 - Printed Name: 'Ec~/1~)J }). LE/6!.'i' Date: #0...... 61.0 _ .;Zd'1JS- , at~Ut-tv,'-ZJ ~jhvu7/tg A:. Ati.n 411 Vtc J:::Y!l1/eIm d!i fer II/;;J.Q./O~ I\'lrl ttr ~ \ /" ,..... ) . (,,' . '. I j....,o..r\Cvc .. "\~"l;--n.:7)O~ v.j ",_Of:....... Printed Name:I!.,(A y'Cv\. \'J Co \i-<n ;^ I \ ^ .~ .J . . . ,- Date: 'v O<r:.m. v~~ ",0 I ~.,;-v .J ~) Printed Name: '::fL.) Ml ::> C"I,Ja~u.^V 0"' 1(- d-V .0:; Date: a;,;1~I/p Printed Name: l/J,d i V;~.oH4L Date: ///22/1)..5 . ~\t.(~~ \.\~I*~ ~'C\--ulcl\\ \-\, ~~n~zl_ \I \ L.L\iS WHEREFORE, the undersigned petitioners, all registered voters who voted in the election on November 8, 2005, and who believe that the election returns are incorrect and, thus, illegal, respectfully request this Court conduct a hearing to determine the nature of alleged illegal returns and to take whatever action this Court deems appropriate, including directing a revision of the results of the questioned election. fl'<:)l//i)Printed Name: ~ i0lo..... /J! II ~2/oS / / Date: ame: ,.~cg{l{?jwe R.. /--fp/~ //,;7,;;1- 0 ,,- , \ '-.. Date: II "~ d. - O'-~- .-~i~'~~Lfl-j~---- Printed Name: lfl./W:v/ .1, [)t9"I'!~1 /~ Date: I/-;)J - c.-/) . /J1~ (j/l/! / {Y, . . a~~/'/l~ Printed Namef"'/!H' /(h',Q I? 1/ I , /1 .-; _' /) /:::- Date: ~/ - .?f ,,,," (/,) (/.-~" , / V~. i :? ".~I.....//~~ l "_:.-:/o,f~ \._/ I Printed Name: ?~A/ IE L .::.) S~" vS Date: II, 27 DC A~L. d (~J Printed Name: [1 kc. ,1/111),,, I Date: 1/- if J - 0 S O/p(1"fi' 2, 1/ /Z.'Zk.r / I A Date: 6tb!J WHEREFORE, the undersigned petitioners, all registered voters who voted in the election on November 8, 2005, and who believe that the election returns are incorrect and, thus, illegal, respectfully request this Court conduct a hearing to determine the nature of alleged illegal returns and to take whatever action this Court deems appropriate, including directing a revision of the results of the questioned election. s~-- -".- -..---..,...-.......- ~t ~ X. ~ Printed Name: .pt-l~J.'Mrn.\)~U .C {/uG Date: ((-? 3-{\l:) Date: (II d8 !o~ Printed Name: Printed Name: Date: Date: Printed Name: Printed Name: Date: Date: Printed Name: Printed Name: Date: Date: WHEREFORE, the undersigned petitioners, all registered voters who voted in the election on November 8, 2005, and who believe that the election returns are incorrect and, thus, illegal, respectfully request this Court conduct a hearing to determine the nature of alleged illegal returns and to take whatever action this Court deems appropriate, including directing a revision of the results of the questioned election. ~;AfJ ,/51 ~(A , Printed Name: f{$ ,{II D, f5PfA-/f1 If 12'<, /Oc;; . , ( 1-a~ r Printed Name: t. cl u.-I", e.. g 1" cf)~ Dr6t-n Date: Date: 11/23/05 { / Printed Name: Printed Name: Date: Date: Pnnlcd Name: Printed Name: Date: Date: Printed Name: Printed Name: Date: Date: " , Jo A. 36 ou Hanover Street Car i e, PA ] 7013 (7] 249-0900 Attorney for Petitioners VERIFICATION I, ,) () 1\ l (~ C1 -J--I-~VCF , the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Address: 9 r (~'i)h " ~ (57~ ~C/~ - L ' , :J on, ("'l <J -+-: v ( r / 0 (" L c,-,-) (A.rot CJ-.- ~-l).,rl ,-.:,I-c:... PA \"Oj~ Signature of registered voter: Printed Name as registered: Dated: 1 \ - d-,), - 05 >> Sworn and subscribed before the undersigned this~ day of November 2005. ~---.~" ( c. :~~..;:. _.i..- _ ~. NOTARIAL SEAL JOHN A.ABOM, Nolary NlIc 1 C8rtIele Bolo, CumberIaIid CclII1IY My Con'IniIlllon ExpIres. 28, 2008 - .. /' j/ VERIFICATION I, DANIEL ']. 5/)0\15 , the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. I / Signature of registered voter: C. Address: ,,/-;' I / ..I\t'l/H~_( ~ .a4/) L~ - <j) h J/,?/!JIEL- _J. S~)O.J s /6X E/1::;rf1tte,< ST-I2~&r{ (4(;:'0 SL<= 1(1 no; :g Printed Name as registered: Dated: II, 2? . 0 s" [J Sworn and subscribed before the undersigned this~ day of November 2005. .~ <-. '\ .....-.\ \. <~='--' J ' "- // ",--- NOTARIAL SEAl. ' ... JOHN A.ABOM. Nol8Iy PubIc 'I' C8rtIsle Bclll, CumberIaiid ColI1ty My CommIssIon Expi8s..... 26. 2006 - VERIFICATION n r: .~i.., U1l,\CC"r Cll V CV\C"0v~ ~\ , the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of 18 PaC.S.A. 94904, relating to unsworn falsification to authorities. Address: ~b.V \~IJT>-:--r CQ \/(U1C~l1~'1 ']SwbCuQ-r C-C-tVM(1\.,\Q h c315 t\,1 I--\cU\C)~'CJ ~V Clvll)IL I)A nOJ3 Signature of registered voter: Printed Name as registered: Dated: J I. J-vO<) Sworn and subscribed before the undersigned thi~day of Novem/ 2005. (; / ,,/ ,"..vuY/ C. NOTARiAL SEAL SHEllY l NESTER Notary Public CARLISLE BOROUGH, CUMBERlAND COUNTY My COfl'l:TIlssJon ExpIres Jul 31. 2008 VERIFICATION I, , / :-\ e,y- ,r 'I l1'"\ 1-\ 'I n <" t+, the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Address: 'tJ:..,",-,--,-, J<E--!"' ;-',) \ Y"\ 13 \ I I) I ( \ \ l'. (!y- ''S 1<: I I I I' L L ~ I \'h---.'-.LoC \.:.' , {~ I) f'\ C ++ Signature of registered voter: Printed Name as registered: k l ..--t s\...", P!\ 11 c (),' IS Dated: II I,:).G I L'.s Sworn and subscribed before the undersigned this/}t'~- day of November 2005. / NCllARIAL SEAL SHELLY L NESTER Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Com lission ExpIres Jul 31, 2008 VERIFICATION I, Lor-I ToD4i20 , the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania., who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn falsification to authorities. Address: cf#1i(;;h~iY LOfl b.lOd 0../0 2C-l L.J, T sf. CfLrli-s/e PA /70(3 I Signature of registered voter: Printed Name as registered: Dated: II / 20 J oS- f ' ;c, ./- Sworn and subscribed before the undersigned thi~iC;" "day of November 2005. c NOTARIAL SEAL SHEI lYl NESTER Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Jul 31, 200B / VERIFICATION I, fie- c::--; () b. 't) "'-(!_ ( {~ the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of ]8 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Signature of registered voter: ~_._---- ,.--- ,~:.,;::t/{J.~'J '---""" Address: Fe 5f Cf Oil 'l,( ,W C- 6 ((-> t~c-)~C;;: / [: R-> "f) f~_ \ V-\~ C{:,. .111- /70 r :s r ~ Printed Name as registered: Dated: (/ /20) /~. C; I / I Sworn and subscribed before the undersigned thi~""" day of November 2005. : / ~. /;;< / ) we ''1. . ;J'""","{,:/ / , . c " .' NOTARIAl SEAL SHElLY l NESTER Nc!ary Public CARLISLE BOROU'~H,CUMBERLAND COUNTY My Com:'1ission Expires Jul 31. 2008 VERIFICATION I I, J~V"eM. \D~ l-hY\ , the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Address: :~C)~ I~OIre'H ~c" I',~ r fCO I f,kVI ,:, H/ }vtclJ\ JV ;f1 i~ D ') G y.l~,df' P A I 70(3 [ J Signature of registered voter: Printed Name as registered: Dated: nb-J 0 <,- Sworn and subscribed before the undersigned thi~.;~ ('day of November 2005. l ./ , /"j / 1// ... ../ I/d .' /"7 / ~'e-X.,/t( r"t; '7 ,//",.-~ t-c...cj C ' / NOTARIAL SEAL SHEllYL NESTER Notary Public CARLISLE BOROUGH,CUMBERlAND COUNlY My Com""1lsslon Expires Jul 31. 2008 VERIFICATION I, ;eC~Al<.b lJ. LE/(;/-t' , the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Printed Name as registered: /CHA~ ~ j). 'La7<9H /.1/1 L)/CK/,v$<J,v j),('/IIe' t:JA.(I~/.j~E ?tf 17/1/.] . Signature ofregistered voter: Address: Dated: ~II'. OIl.?; 0l4lJ5 Sworn and subscribed before the undersigned thi~t'~daY of November 2005. // NOJARIAl SEAL SHELLY L NESTER Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Jul 31, 200B ; / VERIFICATION I, ~ti~MP> , LaJiV< MJ r')'-- , the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Printed Name as registered: j) /?.t.4.!\ Vt{)cw Jt{,>{(~ (aJ~~-~~ 3i) J.[ ~-t-()-.J{/ Sf {!./i{ I ;~/ e Pit , Signature of registered voter: Address: Dated: 1(- JD -' 05' Sworn and subscribed before the undersigned this~.l{J-day of November 2005. 1 / .. / -/-Ic/G/ C/ NOTARIAL SEAl SHELLY L NESTER Nofary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My COrfllJssion Expires Ju131, 2008 VERIFICATION I, \~~~ \\~~L~L , the undersigned, verifY that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Address: Signature: Printed Name: Carlisle Ward: Dated: ~L~cn \ \ ,~ Sworn and subscribed before the undersigned this 0>0. day of November 2005. ~~ Dated: NOTARIAL SEAl. JOHN A.ABOM, Notary Public I ClIItisIe Boro, Cumbelland County My Commission ExpIres J~9 ~,?!)o,< . VERIFICATION I, AdVlal1l1~ bOWtffVltJ..shr , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Address: (}~~IIl-6: Air! C(/1/1.e..- 73vwerm'tl. .s.f.er (f06L 11. /dfclf'orJ. S/. CLr/is/e I PH 170/3- Signature: Printed Name: Carlisle Ward: Dated: if /,;)C). /0::; f ' Sworn and subscribed before the undersigned this~y of November 2005. Dated: NOTARIAL SEAL JOHN A. ABOM. Notary PublIc I Carlisle Bolo. CUmberland CoIII\y My Commission ExpIres JLJll!I26. 2M6 . - VERIFICATION I, L/J,d l.. ~ {k.4L , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904, relating to unsworn falsification to authorities. Address: ~ cJ. ~M{/ iIJ4 L v:.;.vOt'iv1'- 125 nlbJ r D. 8U1JLl 7'/1 ) 70)] Signature: Printed Name: Carlisle Ward: Dated: Ii/nlos I v , ~f Sworn and subscribed before the undersigned this~ day of November 2005. Dated: NOTARIAL seAl. JOHN A. ABOM, Notary PublIc I Carlisle BolD, Cumberland Coon My Commlsslon ExpIres Ju,,'l8 26, L .. -...--, VERIFICA nON 'a"L, / I/' ~ ' <he Md=i",cd, ""iwe "m' <he foe" contained he . are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Address: Yft'mL,,~~ ,,),r; Cffue.-'jtl~ t:. HRLtJ /}C/~ "2 'I ~)A {!4hils'(e.. /4 17t/6 Signature of registered voter: Printed Name as registered: Dated: //';7 ,?-~OO.5- Sworn and subscribed before the undersigned thiSQtte of November 2005. t' NOTARIAL JOHN A. ASOM. Notary PubRc Carlisle 80."0, Cumberland Coon . !~r~~:~~~~~::};~::I:':_~l.!.':.~ 2S.:..~' VERIFICATION I, II ~J'--/--t 1/J3~ S;iH,A/! , the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of ] 8 Pa.C.S.A. S4904, relating to unsworn falsification to authorities. Address: ;/cd~ K<; Iff, D,ISr2D1-t41 (2- ( j{)L4h:~1 c;/-; {1 Ii-(} (I'C,!;.- U nQ r 3 I Signature of registered voter: Printed Name as registered: Dated: 1//2<;/0C;- I , ~p Sworn and subscribed before the undersigned thisd") day of November 2005. . -' NOTARIALSEAL JOHNA.ABOM~2'Xos \.. C8IfiIle 1lOlO. .b_ "" . My CclmIIlIISIon Elcpil8S '"Ii<< 4U.:.- ' VERIFICATION /.-:7 Ii .~C:"~ ,- _), ...2C<,4/'""'L , the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith, I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005, I understand that false statements herein are made subject to the penalties of 18 Pa,C's,A ~4904, relating to unsworn falsification to authorities, Signature of registered voter: 7 ,) ~L.~ /'7 , ...) , ./. V"c.<......~. Address: l ~ ...:;J L. <<~(J, L J /27 !i ~~~'T / ') J C' ""( '7'1 Printed Name as registered: ~ /) j l~/)I\ ' J 1 ; J ( :;, I c.- , .>1 :,__//7, '7') ,.? I -:.-. / ;- Dated: 7/ ' :!.) >!:o , . ,/J Sworn and subscribed before the undersigned this;) J day of November 2005. 7~: NQTARlALSEAL JOHN A. ABOM, Nolary PubIc , C8IIIIIe Boro. CUmbeI1arid Myo..llll~lIlan Elcpi8I JljJ,~ VERIFICATION I, JA(Me- fl;t ~(Alh , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Signature: (III- S-d-- 0 6o::J(?(L f1 ;vre c4{LL.r seE- ?4 1701'S ~,~ Printed Name: Address: Carlisle Ward: Dated: I ( /:l8/s) . (Z, Sworn and subscribed before the undersigned this ~ day of November 2005. Dated: ~~. ---- . . .:J NOTARIAL SEAl. . JOHNA,A8OM,NotaryNllc I CaIti8le Boro, CumberIarid County My CommtIIlon ExpireI JII.' 26, 2008 -. VERIFICATION I, -~r.~ ~-qJ,'i6n )" , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Printed Name: --~-~.----------- - Signature of registered voter: Address: 'TlS I) { <'y,H (<Sf-\- 0:T. r :A.eL I SU::~', /?A . (7t{? ~ C'.;> Carlisle Ward: Dated: -LI - ;? .:S -C\C) I' "~e< Sworn and subscribed before the undersigned this .:.::J day of November 2005. / L NOTARIAL SEAL SHEllY l NESTER Notary Public CARliSLE BOROUGH,CUMBERlAND COUNTY My Commission Expires Jul 31, 2008 t.._ IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYL VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN]A :CP-2l-MD-663-2005 PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS WITHIN ELECTION DISTRICT OF CARLISLE BOROUGH. FIRST WARD. FIRST PRECINCT AND NOW, come the undersigned, three registered voters residing within the election district of Carlisle Borough, First Ward, First Precinct, Cumberland County, Pennsylvania, by and through John A. Abom, Esquire, and request a recount of all ballots cast with respect to the election of the Office of Magisterial District Judge 09-2-02, pursuant to 25 P.S. 93261, by averring the following: 1. A municipal election was held according to law on Tuesday, November 8, 2005, at which time ballots were cast for the election of various public ofiicials and judges, including for the Office of Magisterial District Judge 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Jessica Becker Rhoades (hereafter "Rhoades") was the Democratic nominee and Kathleen D. ("Kathy") Keating (hereafter "Keating") was the Republican nominee for Magisterial District Judge 09-2-02. 3. As a result of a software error, the Cumberland County Board of Elections obtained a court order on Thursday, November ]0, 2005, directing a re-tabu]ation by hand count and electronic count. 4. The hand count re-tabulation was held on Thursday, November ]0, 2005 and the electronic count re-tabulation was held on Friday, November 1],2005. [~h,b,.t A 5. Pursuant to 25 P.S. S 3261, three qualified electors of the election district may petition to open the ballot box and request a recount if there was "error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast . .. for any particular office." 6. The petitioners allege based upon information which they consider reliable that the errors were committed in the computation of the ballots cast for the Office of Magisterial District Judge, Magisterial District 09-2-02, including: a. There is an unexplained difference in the number of total number of persons that voted. The machine ballot tabulation completed on November 8, 2005, indicated that a total of 3,461 persons voted. The hand tabulation completed on November ] 0, 2005, indicated that a total of 3,508 persons voted. The difference of 47 votes was not due to the earlier-discovered software error. b. During the November ] 0, 2005, re-tabulation, persons present became aware of an unexplained "other" absentee ballot sealed in the ballot boxes, contrary to the usual and customary practice. Customary and usual procedure would have been for a resolution ballot to have been created for this "other" absentee ballot on election night and run through the electronic tabulation machine. Customary and usual procedure would have been for such original to have been placed in a signed, dated and sealed Resolution Ballot envelope. This "other" absentee ballot included a vote for Democratic nominee Rhoades. A resolution ballot was created for this "other" absentee ballot during the November 10, 2005, hand tabulation and its vote included in the tally. It is unknown if this "other" absentee ballot was counted twice. c. Within the election district of Carlisle Borough Third Ward, First Precinct at least one ballot was not counted for Keating during the re-tabulations. The voter clearly indicated preference for Keating in a manner similar to indication of preference for all other candidates on the same ballot. This vote for Republican candidate Keating was not included in the tally. d. A total of eighty seven (87) "no votes" were tallied with respect to the election of Magisterial District Judge 09-2-02. Keating was permitted to observe only a handful of the ballots during the re-tabulation in contravention to 25 P .S. S 3154 ( d)(2). e. The November 11, 2005, machine tabulation agreed to the hand tabulation of November 10,2005, in seven of the nine Carlisle Borough polling places, but the machine tabulation for election districts for Carlisle Borough Fourth Ward, First precinct and Forth Ward, Second Precinct did not agree to the hand tabulation. f. On November 11, 2005, a second hand count tabulation was completed for the election districts of Carlisle Borough Fourth Ward, First Precinct and Fourth Ward, Second Precinct. In both election districts, the second hand count differed from the first hand count by one vote. g. It has been learned that an unspecified number of ballots were darkened by Cumberland County Board of Election staff members. 7. The November II, 2005 re-tabulation is 1,703 votes for Rhoades to 1,701 votes for Keating. A difference of two (2) votes. 8. The court ordered re-tabulation the above captioned election was not a recount of the vote as contemplated by 25 P.S. s3154(e) for the following reasons: a. Republican candidate Keating and Democratic candidate Rhoades were entitled to be present in the central tabulating area, in person or by proxy duly authorized in writing, to observe and hear the entire re-tabulation proceedings. Neither candidate was permitted to have counselor other witnesses to be present in the central tabulating area. Attorney John A. Abom, Counsel for Ms. Keating, was specifically prohibited by a county employee from entering the tabulating area. b. The election code requires that the county chairperson of each political party receive written and proper notification and each chairperson may be permitted to have two representatives present. Victor P. Stabile Esquire, chair of the Cumberland County Republican Committee did not receive written notification of the re-tabulation and he was not permitted to have representatives present as required under 25 P.S. S 3154. It is unknown whether Chairperson of the Democratic party was notified in writing. This Court's order did not provide for either party to send representatives to the re-tabulation. c. Keating was permitted to observe only a handful of the ballots during the re- tabulation in contravention to 25 P.S. S 3154 (d)(2). d. The electronic tabulation was used to obtain the official re-tabulation, In contravention to 25 P.S. s3154(e)(3). 9. Inasmuch as the results of the hand tabulations of two of the nine election districts which were counted two times differed, it is likely that additional errors occurred in the counting of all nine districts because the decision as to whether a ballot was cast for one candidate or the other, or not cast at all ("no vote"), is subject to interpretation as to the voter's intent. 10. Inasmuch as there is a purported difference of two votes together with the alleged errors, this petition is made in good faith because only one error in the vote count can change the outcome of the election. 11. A defeated candidate has only 20 days after election within which to institute contest proceedings even though a recount proceeding is not completed within such period. See, In Re Opening Ballot Boxes of Greenwood Township. East. Election District. Columbia. County, 334 Pa. 350, 25 A.2d 330 (1942). 12. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the difference of two votes. 13. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the errors alleged. 14. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring the election process is in conformity with the election code. 15. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring that there is one accurate count. 16. If a recount is conducted in accordance to the Election Code, it is unlikely that Ms. Keating will contest those results or the election any further. AFFIDAVIT OF SERVICE AND NOW, this 28th day of November 2005, I hereby swear and affirm that on the above date, I personally a true and correct copy of the within Petition to contest by first class mail as follows: Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, PA 17013 Jessica B. Rhoades, Esquire Office of the Public Defender 1 Courthouse Square Carlisle, PA 17013 Edward 1. Schorpp, Esquire Cumberland County Solicitor Commissioner's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ~ . t , () --'1 ) i , '-;"'1 (' , ,\ r~ ) (.: IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS WITHIN THE ELECTION DISTRICT OF CARLISLE BOROUGH, SECOND WARD AND NOW, come the undersigned, three registered voters residing within the election district of Carlisle Borough, Second Ward, Cumberland County, Pennsylvania, by and through John A. Abom, Esquire, who request a recount of all ballots cast with respect to the election of the Office of Magisterial District Judge 09-2-02, pursuant to 25 P.S. S3261, by averring the following: 1. A municipal election was held according to law on Tuesday, November 8, 2005, at which time ballots were cast for the election of various public officials and judges, including for the Office of Magisterial District Judge 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Jessica Becker Rhoades (hereafter "Rhoades") was the Democratic nominee and Kathleen D. ("Kathy") Keating (hereafter "Keating") was the Republican nominee for Magisterial District Judge 09-2-02. 3. As a result of a software error, the Cumberland County Board of Elections obtained a court order on Thursday, November 10, 2005, directing a re-tabulation by hand count and electronic count. 4. The hand count re-tabu1ation was held on Thursday, November 10, 2005 and the electronic count re-tabulation was held on Friday, November 1],2005. 5. On November 30, 2005, the Cumberland County Board of Elections attested and made public the returns of the November 8, 2005, Municipal Election. 6. Pursuant to 25 P.S. S 3261, three qualified electors of the election district may petition to open the ballot box and request a recount if there was "error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast ... for any particular office." 7. The petitioners allege based upon information which they consider reliable that the errors were committed in the computation of the ballots cast for the Office of Magisterial District Judge, Magisterial District 09-2-02, including: a. There is an unexplained difference in the number of total number of persons that voted. The machine ballot tabulation completed on November 8, 2005, indicated that a total of 3,461 persons voted. The hand tabulation completed on November ] 0,2005, indicated that a total of 3,508 persons voted. The difference of 47 votes was not due to the earlier-discovered software error. b. During the November 10, 2005, re-tabulation, persons present became aware of an unexplained "other" absentee ballot sealed in the ballot boxes, contrary to the usual and customary practice. Customary and usual procedure would have been for a resolution ballot to have been created for this "other" absentee ballot on election night and run through the electronic tabulation machine. Customary and usual procedure would have been for such original to have been placed in a signed, dated and sealed Resolution Ballot envelope. This "other" absentee ballot included a vote for Democratic nominee Rhoades. A resolution ballot was created for this "other" absentee ballot during the November 10, 2005, hand - '1""~'~' ~-,,,. tabulation and its vote included in the tally. It is unknown if this "other" absentee ballot was counted twice. c. Within the election district of Carlisle Borough Third Ward, First Precinct at least one ballot was not counted for Keating during the re-tabulations. The voter clearly indicated preference for Keating in a manner similar to indication of preference for all other candidates on the same ballot. This vote for Republican candidate Keating was not included in the tally. d. A total of eighty seven (87) "no votes" were tallied with respect to the election of Magisterial District Judge 09-2-02. Keating was permitted to observe only a handful of the ballots during the re-tabulation in contravention to 25 P .S. S 3154 (d)(2). e. The November 11, 2005, machine tabulation agreed to the band tabulation of November 10,2005, in seven of the nine Carlisle Borough polling places, but the machine tabulation for election districts for Carlisle Borough Fourth Ward, First precinct and Fourth Ward, Second Precinct did not agree to the hand tabulation. f. On November 11, 2005, a second hand count tabulation was completed for the election districts of Carlisle Borough Fourth Ward, First Precinct and Fourth Ward, Second Precinct. In both election districts, the second hand count differed from the first hand count by one vote. g. It has been learned that an unspecified number of ballots were darkened by Cumberland County Board of Election staff members. 8. The results made public on November 30, 2005, indicate 1,703 votes for Rhoades to 1,701 votes for Keating; a difference of two (2) votes. ....""....~"'- 9. The court ordered re-tabulation the above captioned election was not a recount of the vote as contemplated by 25 P.S. S3154(e) for the following reasons: a. Republican candidate Keating and Democratic candidate Rhoades were entitled to be present in the central tabulating area, in person or by proxy duly authorized in writing, to observe and hear the entire re-tabulation proceedings. Neither candidate was permitted to have counselor other witnesses to be present in the central tabulating area. Attorney John A. Abom, Counsel for Ms. Keating, was specifically prohibited by a county employee from entering the tabulating area. b. The election code requires that the county chairperson of each political party receive written and proper notification and each chairperson may be permitted to have two representatives present. Victor P. Stabile Esquire, chair of the Cumberland County Republican Committee did not receive written notification of the re-tabulation and he was not permitted to have representatives present as required under 25 P.S. S 3154. It is unknown whether the Chairperson of the Democratic party was notified in writing. This Court's order did not provide for either party to send representatives to the re-tabulation. c. Keating was permitted to observe only a handful of the ballots during the re- tabulation in contravention to 25 P .S. S 3154 (d)(2). d. The electronic tabulation was used to obtain the official re-tabulation, In contravention to 25 P.S. s3154(e)(3). 10. Inasmuch as the results of the hand tabulations of two of the nine election districts which were counted two times differed, it is likely that additional errors occurred in the counting ,- of all nine districts because the decision as to whether a ballot was cast for one candidate or the other, or not cast at all ("no vote"), is subject to interpretation as to the voter's intent. II. Inasmuch as there is a purported difference of two votes together with the alleged errors, this petition is made in good faith because only one error in the vote count can change the outcome ofthe election. 12. A defeated candidate has only 20 days after election within which to institute contest proceedings even though a recount proceeding is not completed within such period. See, In Re Oocning Ballot Boxes of Greenwood Township. East, Election District. Columbia. County, 334 Pa. 350, 25 A.2d 330 (1942). 13. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the difference of two votes. 14. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the enms alleged. 15. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring the election process is in conformity with the election code. 16. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring that there is one accurate count. ] 7. If a recount is conducted in accordance to the Election Code, it is unlikely that Ms. Keating will contest those results or the election any further. WHEREFORE, the undersigned petitioners, respectfully request an Order of this Honorable Court pursuant to Section 1702 of the Election Code of June 3,1937, P.1. 1333, as amended 25 P,S. S3261, requiring that the ballots used in such election district be recounted and that the absentee ballots returned by the electors in said election district be recounted upon proper notice to each candidate who appears on the ballot. -{~ L~\ f %ir+hanhtZAL;ve{v ~ /fp0 f{L{S{ POInfad 0-& ar/;::,Je PA 170/3 c2 Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: ~~-ry~'x4- v- f/t'ttJriJl( D' Mccy /{p(. eAST ~1IWr S'i'1teT C ,4LQSUF, A- /7iJ/? 2... ~4~r~ ~ ~J7' 0/Cvtl'.J ,{ L4c~Ie, . 3tJ f1:ht/! jJj,c <' - Ij/l~I{':''</ /;/1/ 6k:'h4 ,(L 1'lt//'2, .;J.'I"i .......-,.."..~......,.."""""- Respectfully submitted, ABOM & KUTULAKIS, L.L.P. / '--- John A. om, EsqUlre-.~ Attorne .D. No. 77961 36 Sout Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorneyfor Defendant VERIFICATION I, 131'1111.# l L~Gj,'i ' the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Signature: ~ Address: (J;rt9 :5 () 13, loe. /J;:. l' . c;<'K;;~k ~ 17013 :J a-.{ Printed Name: Carlisle Ward: Dated:dJth),...,..,j;", 2..0. t1S'-"/ / ,.0 Sworn and subscribed before the undersigned thisO!? day of November 2005. ~ -. ~ ---~ . Dated: NOTARIAl. SFAl JQHN A. ABOM, Notary Public i .... = Cumberla.'ld Coonlv , ~ "', Expires./lpl26.200J ; - ".~-,,-..",..---'..~^."-- VERIFICATION I, J~ I . !.... -fiy lI(lIW , the undersigned, verify that the L vp!y statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Address: '1a)A~ h~JI . / Koift;r;(l(J A L (/flV . /& & f(LQL ~iYJficl- 0t 0( t>'/e 'P4 /70/3 J. Signature: Printed Name: Carlisle Ward: Dated:J 1//9 /Oh ! I Sworn and subscribed before the undersigned this i1!'daY ofNoyember 2005. OTARlAl SEAL SHEllY l NESTER No1ory Public CARLISLE BOROUGH,CUMBERLAND COUNTY MV CommiSSion Expire, Jul 3). 2008 Dated: I, -rtMO,.t.\'1 \). L.LVE1 VERIFICA nON , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn falsification to authorities. Signature: Printed Name: Address: Carlisle Ward: Dated: II/If /z"o> I I ~ ;6,Q4 ilJ"f6'(/ly b. 1..../E"7 . /(.(" eMf ?_Uer~ {'IJ~{ l.e"/ (JjJ 1701 ~ / Sworn and subscribed before the undersigned thisll~ay ofNovem~2005. ! ' II / Dated: TARIAl SEAL SHEllY L NESTER Nofary Public CARLISLE BOROUGH.CUMBERlAND COUNlY My Com:""1ission E:K:plres Jul 31. 2008 ..~ IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Civil Term CERTIFICATE OF SERVICE ...- /5( AND NOW, this _ day of December 2005, I, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS upon the following individuals via first class mail or by leaving a copy at the following locations: Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, PA 17013 Edward 1. Schorpp, Esquire Cumberland County Solicitor Commissioner's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Jessica B. Rhoades, Esquire Office of the Public Defender I Courthouse Square Carlisle, PA 17013 Gail McDermott 427 West Simpson Street Mechanicsburg, PA 17055 Victor P. Stabile, Esquire 112 Market Street, Suite 800 Harrisburg, PAl 71 0 1 ABOM & KUTULAKIS, L.L.P. ( John A. Ab 36 South over Street Carlisle, P A 17013 Attorney for Petitioners c- (:, ~~"-'_. IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Civil Ternl PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS WITHIN THE ELECTION DISTRICT OF CARLISLE BOROUGH. THIRD WARD, FIRST PRECINCT AND NOW, come the undersigned, three registered voters residing within the election district of Carlisle Borough, Third Ward, First Precinct, Cunlberland County, Pennsylvania, by and through John A. Abom, Esquire, who request a recount of all ballots cast with respect to the election of the Office of Magisterial District Judge 09-2-02, pursuant to 25 P .S. S3261, by averring the following: 1. A municipal election was held according to law on Tuesday, November 8, 2005, at which time ballots were cast for the election of various public officials and judges, including for the Office of Magisterial District Judge 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Jessica Becker Rhoades (hereafter "Rhoades") was the Democratic nominee and Kathleen D. ("Kathy") Keating (hereafter "Keating") was the Republican nominee for Magisterial District Judge 09-2-02. 3. As a result of a software error, the Cumberland County Board of Elections obtained a court order on Thursday, November 10, 2005, directing a re-tabu1ation by hand count and electronic count. 4. The hand count re-tabulation was held on Thursday, November 10, 2005 and the electronic count re-tabulation was held on Friday, November 11,2005. 5. On November 30, 2005, the Cumberland County Board of Elections attested and made public the returns of the November 8,2005, Municipal Election. 6. Pursuant to 25 P.S. S 3261, three qualified electors of the election district may petition to open the ballot box and request a recount if there was "error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast .,. for any particular office." 7. The petitioners allege based upon information which they consider reliable that the errors were committed in the computation of the ballots cast for the Office of Magisterial District Judge, Magisterial District 09-2-02, including: a. There is an unexplained difference in the number of total number of persons that voted. The machine ballot tabulation completed on November 8, 2005, indicated that a total of 3,461 persons voted. The hand tabulation completed on November 10,2005, indicated that a total of3,508 persons voted. The difference of 47 votes was not due to the earlier-discovered software error. b. During the November 10, 2005, re-tabulation, persons present became aware of an unexplained "other" absentee ballot sealed in the ballot boxes, contrary to the usual and customary practice. Customary and usual procedure would have been for a resolution ballot to have been created for this "other" absentee ballot on election night and run through the electronic tabulation machine. Customary and usual procedure would have been for such original to have been placed in a signed, dated and sealed Resolution Ballot envelope. This "other" absentee ballot included a vote for Democratic nominee Rhoades. A resolution ballot was created for this "other" absentee ballot during the November ] 0, 2005, hand tabulation and its vote included in the tally. It is unknown if this "other" absentee ballot was counted twice. c. Within the election district of Carlisle Borough Third Ward, First Precinct at least one ballot was not counted for Keating during the re-tabulations. The voter clearly indicated preference for Keating in a manner similar to indication of preference for all other candidates on the same ballot. This vote for Republican candidate Keating was not included in the tally. d. A total of eighty seven (87) "no votes" were tallied with respect to the election of Magisterial District Judge 09-2-02. Keating was permitted to observe only a handful of the ballots during the re-tabulation in contravention to 25 P.S. S 3154 ( d)(2). e. The November 11, 2005, machine tabulation agreed to the hand tabulation of November 10, 2005, in seven of the nine Carlisle Borough polling places, but the machine tabulation for election districts for Carlisle Borough Fourth Ward, First precinct and Fourth Ward, Second Precinct did not agree to the hand tabulation. f. On November 11, 2005, a second hand count tabulation was completed for the election districts of Carlisle Borough Fourth Ward, First Precinct and Fourth Ward, Second Precinct. In both election districts, the second hand count differed from the first hand count by one vote. g. It has been learned that an unspecified number of ballots were darkened by Cumberland County Board of Election staff members. 8. The results made public on November 30, 2005, indicate 1,703 votes for Rhoades to 1,701 votes for Keating; a difference oftwo (2) votes. 9. The court ordered re-tabulation the above captioned election was not a recount of the vote as contemplated by 25 P.S. S3154( e) for the following reasons: a. Republican candidate Keating and Democratic candidate Rhoades were entitled to be present in the central tabulating area, in person or by proxy duly authorized in writing, to observe and hear the entire re-tabu1ation proceedings. Neither candidate was permitted to have counselor other witnesses to be present in the central tabulating area. Attorney John A. Abom, Counsel for Ms. Keating, was specifically prohibited by a county employee from entering the tabulating area. b. The election code requires that the county chairperson of each political party receive written and proper notification and each chairperson may be permitted to have two representatives present. Victor P. Stabile Esquire, chair of the Cumberland County Republican Committee did not receive written notification of the re-tabulation and he was not permitted to have representatives present as required under 25 P.S. 93154. It is unknown whether the Chairperson of the Democratic party was notified in writing. This Court's order did not provide for either party to send representatives to the re-tabulation. c. Keating was permitted to observe only a handful of the ballots during the re- tabulation in contravention to 25 P.S. 9 3154 (d)(2). d. The electronic tabulation was used to obtain the official re-tabulation, in contravention to 25 P.S. ~3154(e)(3). , 10. Inasmuch as the results of the hand tabulations of two of the nine election districts which were counted two times differed, it is likely that additional errors occurred in the counting of all nine districts because the decision as to whether a ballot was cast for one candidate or the other, or not cast at all ("no vote"), is subject to interpretation as to the voter's intent. 11. Inasmuch as there is a purported difference of two votes together with the alleged errors, this petition is made in good faith because only one error in the vote count can change the outcome of the election. 12. A defeated candidate has only 20 days after election within which to institute contest proceedings even though a recount proceeding is not completed within such period. See, In Re Opening Ballot Boxes of Greenwood Township. East. Election District. Columbia. County. 334 Pa. 350,25 A.2d 330 (1942). 13. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the difference of two votes. 14. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the errors alleged. 15. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring the election process is in conformity with the election code. 16. The citizens of the Borough ofCarlisJe and Cumberland County have a vital interest in assuring that there is one accurate count. 17. If a recount is conducted in accordance to the Election Code, it is unlikely that Ms. Keating will contest those results or the election any further. ._"-,,,._...._...~...,._- WHEREFORE, the undersigned petitioners, respectfully request an Order of this Honorable Court pursuant to Section 1702 of the Election Code of June 3, 1937, P.1. 1333, as amended 25 P.S. S3261, requiring that the ballots used in such election district be recounted and that the absentee ballots returned by the electors in said election district be recounted upon proper notice to each candidate who appears on the ballot. Printed Name: , , ,~e .\/ ,,, , '"'" ~ N<-f tA N1 1~(.~kL Signature of registered voter: :5tv1 ((I t Address: 1 ~(p ~ "'-J~~l '57 C' 4€.u.~~ 1::>1\; Carlisle Ward: ~ -( C 7-01 :) Printed Name: Signature of registered voter: Address: \J . 'I ,11 12 ~ C;:c,~T\ ~ 5T c~/l~5~( eft \]0 \S ~-(L ~/7u Carlisle Ward: Signature of registered voter: Printed Name: I d(~ ,<; \A..JZ-;"-( Sf QMt I~ PA {70t~ Carlisle Ward: '6-1 Address; -^--,,-^<-~-,..~------" Respectfully submitted, ABOM & KUTULAKIS, L.L.P. John A. A Attorney . No. 77961 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorneyfor Defendant VERIFICATION I, ,A Vl,1 t:/ (a. S VY) i f /1 , the undersigned, veriJY that the statements contained herein are true and correct to the best of rny knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Address: - i\ /\ ~\V~~G. ~~J=~ii!"--- --4 /1.:3cj (I tt1 )(/t'l i ,il I J, & 50 U-H, U)e.5 t . C,{Jlisl-e lit /7C/3 / Signature: Printed Name: Carlisle Ward: 3- / Dated: / r f 7 - 0 5 , I' III Sworn and subscribed before the undersigned this il.- day of November 2005. -,/~. . '\l{e'( L '-' ,/ / {,~ t.c (I \ , Dated: NOTAL,,-\i. ::.EAl SHELLY l NESiER Notarv Put)lIc CARLISLE BOROUGh.CUI\~,Sr:;,;LAND COUNTY My COm:-'"1issJon E\.'n:ies Jul 31, 2008 _._-~.- ~ ."... VERIFICATION ~~~~ S~It-~ , the undersigned, verify that the 1, statements contained herein are true and correct to the best of my knowledge. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Address: ~CZA. ~q <;, 0 "l \J <;P"\-:-rL, .J ~ (, S ,,'^' -rL,. cJ 06 t-c;, \- Gv- V-., le P It nO t3 ~ -'1- Signature: Printed Name: Carlisle Ward: Dated: 1\ -17-oS- Sworn and subscribed before the undersigned this LdaY of November 2005. ,V4It'tq//".( !C/u / Dated: NOTARIAL SEAL SHEllY l NESTER Notary Public CARLISLE BOROUGH,CUMnERLAND COUNTY My Com:~lssjon EXOf"".S Jul 31. 2008 VERIFICATION 1, lJ A N U! L. H I K <; C 4- , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Address: /:;l ~0~ ../ /",/' .. _/ -.... L--- , /~ .--L' ~ r/ It N C yOL /-f !Ie Sc II " iJ & SCJ~1H1 l1)~s f- 5~ {~rl(5Je IrA /70/3 / Signature: Printed Name: Carlisle Ward: 5 - I Dated: / (- / 7 - 0 S /ffhi.. Sworn and subscribed before the undersigned this I.' , day of November 2005. '/ .. / . /(k' (etlL I <J /, /~' / Dated: ,-' NOTftr ,c SEAL SHEllY l NESTER Notary PUblic CARLISLE ':OROU<71 :.C'JMRPLAND COUNTY My Com:illsslon Ex!,ires Ju131, :: \J08 ---~~"""._,,'~~ IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term CERTIFICATE OF SERVICE ;SJ AND NOW, this day of December 2005, I, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS upon the following individuals via first class mail or by leaving a copy at the following locations: Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, PA 17013 Edward 1. Schorpp, Esquire Cumberland County Solicitor Commissioner's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Jessica B. Rhoades, Esquire Office of the Public Defender 1 Courthouse Square Carlisle, PA 17013 Gail McDermott 427 West Simpson Street Mechanicsburg, PA 17055 Victor P. Stabile, Esquire 112 Market Street, Suite 800 Harrisburg, PAl 71 01 John A. Ab m 36 South anover Street Carlisle, PA 17013 Attorney for Petitioners >,,--- ----------- IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYL VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS WITHIN THE ELECTION DISTRICT OF CARLISLE BOROUGH, THIRD WARD. SECOND PRECINCT AND NOW, come the undersigned, three registered voters residing within the election district of Carlisle Borough, Third Ward, Second Precinct, Cumberland County, Pennsylvania, by and through John A. Abom, Esquire, who request a recount of all ballots cast with respect to the election of the Office of Magisterial District Judge 09-2-02, pursuant to 25 P.S. 93261, by averring the following: I. A municipal election was held according to law on Tuesday, November 8, 2005, at which time ballots were cast for the election of various public officials and judges, including for the Office of Magisterial District Judge 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Jessica Becker Rhoades (hereafter "Rhoades") was the Democratic nominee and Kathleen D. ("Kathy") Keating (hereafter "Keating") was the Republican nominee for Magisterial District Judge 09-2-02. 3. As a result of a software error, the Cumberland County Board of Elections obtained a court order on Thursday, November 10, 2005, directing a re-tabulation by hand count and electronic count. 4. The hand count re-tabulation was held on Thursday, November 10,2005 and the electronic count re-tabulation was held on Friday, November 11, 2005. 5. On November 30, 2005, the Cumberland County Board of Elections attested and made public the returns of the November 8,2005, Municipal Election. 6. Pursuant to 25 P.S. 9 3261, three qualified electors of the election district may petition to open the ballot box and request a recount ifthere was "error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast ... for any particular office." 7. The petitioners allege based upon information which they consider reliable that the errors were committed in the computation of the ballots cast for the Office of Magisterial District Judge, Magisterial District 09-2-02, including: a. There is an unexplained difference in the number of total number of persons that voted. The machine ballot tabulation completed on November 8, 2005, indicated that a total of3,461 persons voted. The hand tabulation completed on November 10, 2005, indicated that a total of 3,508 persons voted. The difference of 47 votes was not due to the earlier-discovered software error. b. During the November 10, 2005, re-tabulation, persons present became aware of an unexplained "other" absentee ballot sealed in the ballot boxes, contrary to the usual and customary practice. Customary and usual procedure would have been for a resolution ballot to have been created for this "other" absentee ballot on election night and run through the electronic tabulation machine. Customary and usual procedure would have been for such original to have been placed in a signed, dated and sealed Resolution Ballot envelope. This "other" absentee ballot included a vote for Democratic nominee Rhoades. A resolution ballot was created for this "other" absentee ballot during the November ] 0, 2005, hand tabulation and its vote included in the tally. It is unknown if this "other" absentee ballot was counted twice. c. Within the election district of Carlisle Borough Third Ward, First Precinct at least one ballot was not counted for Keating during the re-tabulations. The voter clearly indicated preference for Keating in a manner similar to indication of preference for all other candidates on the same ballot. This vote for Republican candidate Keating was not included in the tally. d. A total of eighty seven (87) "no votes" were tallied with respect to the election of Magisterial District Judge 09-2-02. Keating was permitted to observe only a handful of the ballots during the re-tabulation in contravention to 25 P.S. 93]54 ( d)(2). e. The November 11, 2005, machine tabulation agreed to the hand tabulation of November 10, 2005, in seven of the nine Carlisle Borough polling places, but the machine tabulation for election districts for Carlisle Borough Fourth Ward, First precinct and Fourth Ward, Second Precinct did not agree to the hand tabulation. f. On November 11, 2005, a second hand count tabulation was completed for the election districts of Carlisle Borough Fourth Ward, First Precinct and Fourth Ward, Second Precinct. In both election districts, the second hand count differed from the first hand count by one vote. g. It has been learned that an unspecified number of ballots were darkened by Cumberland County Board of Election staff members. 8. The results made public on November 30, 2005, indicate 1,703 votes for Rhoades to 1,701 votes for Keating; a difference of two (2) votes. 9. The court ordered re-tabulation the above captioned election was not a recount of the vote as contemplated by 25 P.S. s3154(e) for the following reasons: a. Republican candidate Keating and Democratic candidate Rhoades were entitled to be present in the central tabulating area, in person or by proxy duly authorized in writing, to observe and hear the entire re-tabulation proceedings. Neither candidate was permitted to have counselor other witnesses to be present in the central tabulating area. Attorney John A. Abom, Counsel for Ms. Keating, was specifically prohibited by a county employee from entering the tabulating area. b. The election code requires that the county chairperson of each political party receive written and proper notification and each chairperson may be pemlitted to have two representatives present. Victor P. Stabile Esquire, chair of the Cumberland County Republican Committee did not receive written notification of the re-tabulation and he was not permitted to have representatives present as required under 25 P.S. 93154. It is unknown whether the Chairperson of the Democratic party was notified in writing. This Court's order did not provide for either party to send representatives to the re-tabulation. c. Keating was permitted to observe only a handful of the ballots during the re- tabulation in contravention to 25 P.S. S 3154 (d)(2). d. The electronic tabulation was used to obtain the official re-tabu1ation, In contravention to 25 P.S. s3154(e)(3). ~..' -- --~_.~"~. 10. Inasmuch as the results of the hand tabulations of two of the nine election districts which were counted two times differed, it is likely that additional errors occurred in the counting of all nine districts because the decision as to whether a ballot was cast for one candidate or the other, or not cast at all ("no vote"), is subject to interpretation as to the voter's intent. II. Inasmuch as there is a purported difference of two votes together with the alleged errors, this petition is made in good faith because only one error in the vote count can change the outcome of the election. 12. A defeated candidate has only 20 days after election within which to institute contest proceedings even though a recount proceeding is not completed within such period. See, In Re Opening Ballot Boxes of Greenwood Township. East, Election District. Columbia. Countv, 334 Pa. 350,25 A.2d 330 (1942). 13. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the difference oftwo votes. 14. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the errors alleged. 15. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring the election process is in conformity with the election code. 16. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring that there is one accurate count. 17. If a recount is conducted in accordance to the Election Code, it is unlikely that Ms. Keating will contest those results or the election any further. -----._.,-~--." >"'-~---_.'" WHEREFORE, the undersigned petitioners, respectfully request an Order of this Honorable Court pursuant to Section 1702 of the Election Code of June 3, 1937, P.L. 1333, as amended 25 P.S. ~3261, requiring that the ballots used in such election district be recounted and that the absentee ballots returned by the electors in said election district be recounted upon proper notice to each candidate who appears on the ballot. Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: ~~,?:~2s '5dCl &:x:i-tL D12 \l1f.. L' I!.lt ,-I ";:L~ ~ 1-=0'"-, 3-d /'1 / /.' " -f j , .' \"~--z..__- Ft'> ,~ -r) " L~(; V'~__ ~-i 1 (-,,~ ~(-( (':,K,(j:jC~{ \j-~ C'/l. f!.LI!: {~:/r!~ (7l? /~ ,,>~ / ~ c.,:) -- --:::::L- 1 ' 1 ~ttf 4-{t;(- KrT r ~ nl 1-1 n n t-/!- l;s I J c)) eKlnSC II Or-, rl < --.-, C LLr I, ~J I-c 1-;/1 1--7 C I ?s ') -" c::> ---:=L- Respectfully submitted, ABOM & KUTULAKIS, L.L.P. John A. Abom, Esquire Attorney LD. No. 77961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant .~~_..--...'-~- VERIFICATION I,~H1[ OQ/1 D.~oG.+.r'j , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Signature~cJc ~ ~ Printed Name: ~Q.fhle,,/) I) ~d-.J. \ Address: ~ 'l. &:>s<-cJZ- ~ I U L C AILuS'-'L iJA 110\ "-J Carlisle Ward: 3-d Dated: --1} I..X>f ~ r Sworn and subscribed before the undersigned this 1 day of November 2005. Dated: /;~.~ /'-~ - , NOTARlALSEALNllIc \ JQHNA.ABOMcwn= ~~EJpire8JtC1~ ..------'. ,..._.'~ - VERIFICATION I, rp~E-~ \'> ~p t) Y't r::p _, the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. ( . c ,,:-.---{- (,U.> (! Signature: \~~<~-~D U ~~~~~j\_.____ Printed Name: + i?..s.., () ,]). ( \....J~ ( L_J::::) f,!- ./ G) , G;; "' /). ,. /7 'f'... ~':c' Address: ,,--<. . cc) L/ ~ "...~ I ) I If. '7 ,. . '- -'. C V fr _ .",-' L. 7;1:}, /70 ( ~ ~ -7 "'---.) -- :::::><::-..-" Carlisle Ward: Dated: ( I /;-~) Inc; I Sworn and subscribed before the undersigned this.}er'day ofNovemb,er 2005. / //. -kA:c ',' c . .. , / . / ' e' -ft: ,<> Dated: NO\,RIAl SEAL SHELLY L NESTER Nofary PUblic CARLISLE BOROUGH,C' JMBERLAND COUNTY My Com71isslon Expires Jul 31,2008 VERIFICATION I, +,/,,-, r~ r LI n I J) r ') Ii t -f:hhe undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Signature: Printed Name: Address: Carlisle Ward: -, :J I -~ Dated: il j,;n 1'65 ,c- Sworn and subscribed before the undersigned thisL day of November 2005. / . / (/', . . Vial ..(/-'t'.{ Ic,,~j . / . ( Dated: NOTARIAL S~AL SHEllY l NESlER Notory Public CA~USLE BOROUGH,CUMBERlAND COUNTY My COn. ,ission ExpIres Jul 31,2008 IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term CERTIFICATE OF SERVICE /1""- AND NOW, this 1-- day of December 2005, I, John A. Abom, Esquire, of Abom & Kutulakis, 1.1.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS upon the following individuals via first class mail or by leaving a copy at the following locations: Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, P A 17013 Edward 1. Schorpp, Esquire Cumberland County Solicitor Commissioner's Office Cumberland County Courthouse 1 Courthouse Square Carlisle,PA 17013 Jessica B. Rhoades, Esquire Office of the Public Defender 1 Courthouse Square Carlisle, PA 17013 Gail McDermott 427 West Simpson Street Mechanicsburg, P A 17055 Victor P. Stabile, Esquire 112 Market Street, Suite 800 Harrisburg, PA 17101 ABOM & KUr .- John A. Ab 36 South anover Street Carlisle, PAl 7013 A/forney for Petitioners , -1\ -< IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2.02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS WITHIN THE ELECTION DISTRICT OF CARLISLE BOROUGH, FIRST WARD, SECOND PRECINCT AND NOW, come the undersigned, three registered voters residing within the election district of Carlisle Borough, First Ward, Second Precinct, Cumberland County, Pennsylvania, by and through John A. Abom, Esquire, who request a recount of all ballots cast with respect to the election of the Office of Magisterial District Judge 09-2-02, pursuant to 25 P .S. 93261, by averring the following: 1. A municipal election was held according to law on Tuesday, November 8, 2005, at which time ballots were cast for the election of various public officials and judges, including for the Office of Magisterial District Judge 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Jessica Becker Rhoades (hereafter "Rhoades") was the Democratic nominee and Kathleen D. ("Kathy") Keating (hereafter "Keating") was the Republican nominee for Magisterial District Judge 09-2-02. 3. As a result of a software error, the Cumberland County Board of Elections obtained a court order on Thursday, November 10, 2005, directing a re-tabulation by hand count and electronic count. 4. The hand count re-tabulation was held on Thursday, November 10,2005 and the electronic count re-tabu1ation was held on Friday, November 11,2005. 5. On November 30, 2005, the Cumberland County Board of Elections attested and made public the returns of the November 8, 2005, Municipal Election. 6. Pursuant to 25 P.S. S 3261, three qualified electors of the election district may petition to open the ballot box and request a recount if there was "error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast . .. for any particular office." 7. The petitioners allege based upon information which they consider reliable that the errors were committed in the computation of the ballots cast for the Office of Magisterial District Judge, Magisterial District 09-2-02, including: a. There is an unexplained difference in the number of total number of persons that voted. The machine ballot tabulation completed on November 8, 2005, indicated that a total 00,461 persons voted. The hand tabulation completed on November 10, 2005, indicated that a total of 3,508 persons voted. The difference of 47 votes was not due to the earlier-discovered software error. b. During the November 10, 2005, re-tabulation, persons present became aware of an unexplained "other" absentee ballot sealed in the ballot boxes, contrary to the usual and customary practice. Customary and usual procedure would have been for a resolution ballot to have been created for this "other" absentee ballot on election night and run through the electronic tabulation machine. Customary and usual procedure would have been for such original to have been placed in a signed, dated and sealed Resolution Ballot envelope. This "other" absentee ballot included a vote for Democratic nommee Rhoades. A resolution ballot was created for this "other" absentee ballot during the November 10, 2005, hand tabulation and its vote included in the tally. It is unknown if this "other" absentee ballot was counted twice. c. Within the election district of Carlisle Borough Third Ward, First Precinct at least one ballot was not counted for Keating during the re-tabulations. The voter clearly indicated preference for Keating in a manner similar to indication of preference for all other candidates on the same ballot. This vote for Republican candidate Keating was not included in the tally. d. A total of eighty seven (87) "no votes" were tallied with respect to the election of Magisterial District Judge 09-2-02. Keating was permitted to observe only a handful of the ballots during the re-tabulation in contravention to 25 P.S. 9 3154 ( d)(2). e. The November 11, 2005, machine tabulation agreed to tile hand tabulation of November 10, 2005, in seven of the nine Carlisle Borough polling places, but the machine tabulation for election districts for Carlisle Borough Fourth Ward, First precinct and Fourth Ward, Second Precinct did not agree to the hand tabulation. f. On November 11, 2005, a second hand count tabulation was completed for the election districts of Carlisle Borough Fourth Ward, First Precinct and Fourth Ward, Second Precinct. In both election districts, the second hand count differed from the first hand count by one vote. g. It has been learned that an unspecified number of ballots were darkened by Cumberland County Board of Election staff members. 8. The results made public on November 30, 2005, indicate 1,703 votes for Rhoades to 1,701 votes for Keating; a difference oftwo (2) votes. 9. The court ordered re-tabulation the above captioned election was not a recount of the vote as contemplated by 25 P .S. 93154( e) for the following reasons: a. Republican candidate Keating and Democratic candidate Rhoades were entitled to be present in the central tabulating area, in person or by proxy duly authorized in writing, to observe and hear the entire re-tabulation proceedings. Neither candidate was permitted to have counselor other witnesses to be present in the central tabulating area. Attorney John A. Abom, Counsel for Ms. Keating, was specifically prohibited by a county employee from entering the tabulating area. b. The election code requires that the county chairperson of each political party receive written and proper notification and each chairperson may be permitted to have two representatives present. Victor P. Stabile Esquire, chair of the Cumberland County Republican Committee did not receive written notification of the re-tabulation and he was not permitted to have representatives present as required under 25 P.S. 93154. It is unknown whether the Chairperson of the Democratic party was notified in writing. This Court's order did not provide for either party to send representatives to the re-tabulation. c. Keating was permitted to observe only a handful of the ballots during the re- tabulation in contravention to 25 P .s. 9 3154 (d)(2). d. The electronic tabulation was used to obtain the official re-tabulation, in contravention to 25 P.S. 93154(e)(3). 10. Inasmuch as the results of the hand tabulations of two of the nine election districts which were counted two times differed, it is likely that additional errors occurred in the counting of all nine districts because the decision as to whether a ballot was cast for one candidate or the other, or not cast at all ("no vote"), is subject to interpretation as to the voter's intent. 11. Inasmuch as there is a purported difference of two votes together with the alleged errors, this petition is made in good faith because only one error in the vote count can change the outcome of the election. 12. A defeated candidate has only 20 days after election within which to institute contest proceedings even though a recount proceeding is not completed within such period. See, In Re Ooening Ballot Boxes of Greenwood Township. East. Election District. Columbia, Countv, 334 Pa. 350, 25 A.2d 330 (1942). 13. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the difference of two votes. 14. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the errors alleged. 15. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring the election process is in conformity with the election code. 16. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring that there is one accurate count. 17. If a recount is conducted in accordance to the Election Code, it is unlikely that Ms. Keating will contest those results or the election any further. -"."-"..~ WHEREFORE, the undersigned petitioners, respectfully request an Order of this Honorable Court pursuant to Section 1702 of the Election Code of June 3, 1937, P.L. 1333, as amended 25 P.S. 93261, requiring that the ballots used in such election district be recounted and that the absentee ballots returned by the electors in said election district be recounted upon proper notice to each candidate who appears on the ballot. Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: (' , r ,C'" ,IX; \;\\:::-\, lC\ V'S.) 't..W~ ), . - - - C:" , " . _ (" , \ ' \ I" ~. ,~, f;C\..( \ )\.\) '-''- \, )~\\i""n.m\~'"..\ :)\ 6 ~. \\()J,"{:, ~CS<:)-\ C\.\r\ ;5\(:,'0.\ \ lC(j \-~ C)~c.,,,-- r:7j ct-h=. )~~ ,€-V, V)c', \to,y\ I c/ \ l+-'Vl " wMu () iV 1.1: h.3 (\ ' 'VI y \ \.11-<. f!~ 17,' 13 I -, 2. / ,0 (] A>vvVV\-- (111~')G~~t \ V. ~C1...vtt':::> Lav'lHi~';'J~ !> 15 u J/MOJ,-( ~ 1 .. c'tV /'5 Ie. -rA- .J ,,1- Respectfully submitted, ABOM & KUTULAKIS, L.L.P. John A ~bom, sq Atto ey J.D. No. 77961 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Defendant VERIFICtTION 0J-;\l~(}.J)0- ~. Ct\'vC\lI\~i.. , the undersigned, verify that the I, statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. ^ Address: '-,?L~JX,~\,-,- --r CC\\JIC\f'(l,-'t "6)S t::-DrC0 CC\\l(mC\I..\(~ 01r:; f\J Hooc\,(:( (:Jt. (, '-J .--l\.f\ I') \c- \ H I -=K I?> I . ~;{ Signature: Printed Name: Carlisle Ward: Dated: II.' dO - Ch 7~ Sworn and subscribed before the undersigned thi&.;..;l1 ' day of November 2005. '- NOTARIAL SEAL SHELLY l NESTER Notary Public CARliSLE BOROUGH. CUMBERlAND COUNTY My Com. '7Iission Expires JuJ 31. 2008 Dated: I, }<4 Ie"" Do~ \ ~n VERIFICATION , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Signature: Printed Name: Address: Carlisle Ward: Dated: Il.2o @ -;- ,/)~/' "', ~' ' 1/ '_ !\ "LilJ]-y"\ v...._.J '_ K,) ..,."(),,, \ h """V--V\ .f '-- ~_, -(0 I ! I , Iv{., .. ,.. JL-) > , *~ VI c.\f-V' L( V\ c:; I {"w_J C' It f"j , ~ v. J e 1\ (7~) (:, 1_- ., L Sworn and subscribed before the undersigned this,>? ('day of November 2005. Dated: NOTARIAL SEAL SHEllY l NESTER Nolcry Put)lic CARLISlE 80ROUGH,CUMBE;,LAND COUNTY My Corn 1lsslon Expires Jul 31 , 2008 VERIFICATION I, ~Me:J Calh1/\aJ1tl. , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 PaC.S.A. ~4904, relating to unsworn falsification to authorities. Signature: ~ Address: [.allt~,!j,#/.J'-6k 3/,'). Jl/. J.jaA-o...rer sr CRr I,~ Ie. PI.l i 70/3 1- ;) Printed Name: Carlisle Ward: Dated: }) -)/) . D~- . 'lfl; , Sworn and subscribed before the undersigned thi&;:~ day of November 2005. / ,~ , ,~ '\,fr//) Dated: NOTARIAL SEAL SHElLY l NESTER Notary Public CARLISLE BOROUGH.CUMBERlAND COUNTY My Com:nission Expires Jul 31, 2008 -'-"'-"''''''--- IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term CERTIFICATE OF SERVICE .~ AND NOW, this L day of December 2005, I, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS upon the following individuals via first class mail or by leaving a copy at the following locations: Jessica B. Rhoades, Esquire Office of the Public Defender 1 Courthouse Square Carlisle, PA 17013 Edward 1. Schorpp, Esquire Cumberland County Solicitor Commissioner's Office Cumberland COlmty Courthouse 1 Courthouse Square Carlisle, P A 17013 Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, P A 17013 Gail McDermott 427 West Simpson Street Mechanicsburg, P A 17055 Victor P. Stabile, Esquire 112 Market Street, Suite 800 Harrisburg, P A 17101 ABOM & KUTULAKIS, L.L.P. John A. A 36 Sout anover Street Carlisle, PA 17013 Attorney for Petitioners " C .--! <. ""'"~.",.--''" IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA os - j,.D;CL-_ Civil Term PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS WITHIN THE ELECTION DISTRICT OF CARLISLE BOROUGH, FIRST WARD. FIRST PRECINCT AND NOW, come the undersigned, three registered voters residing within the election district of Carlisle Borough, First Ward, First Precinct, Cumberland County, Pennsylvania, by and through John A. Abom, Esquire, who request a recount of all ballots cast with respect to the election of the Office of Magisterial District Judge 09-2-02, pursuant to 25 P.S. S3261, by averring the following: 1. A municipal election was held according to law on Tuesday, November 8, 2005, at which time ballots were cast for the election of various public officials and judges, including for the Office of Magisterial District Judge 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Jessica Becker Rhoades (hereafter "Rhoades") was the Democratic nominee and Kathleen D. ("Kathy") Keating (hereafter "Keating") was the Republican nominee for Magisterial District Judge 09-2-02. 3. As a result of a software error, the Cumberland County Board of Elections obtained a court order on Thursday, November 10,2005, directing a re-tabulation by hand count and electronic count. 4. The hand count re-tabulation was held on Thursday, November 10, 2005 and the electronic count re-tabu1ation was held on Friday, November 11,2005. 5. On November 30, 2005, the Cumberland County Board of Elections attested and made public the returns of the November 8, 2005, Municipal Election. 6. Pursuant to 25 P.S. S 3261, three qualified electors of the election district may petition to open the ballot box and request a recount ifthere was "error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast . " for any particular office." 7. The petitioners allege based upon information which they consider reliable that the errors were committed in the computation of the ballots cast for the Office of Magisterial District Judge, Magisterial District 09-2-02, including: a. There is an unexplained difference in the number of total number of persons that voted. The machine ballot tabulation completed on November 8, 2005, indicated that a total of3,461 persons voted. The hand tabulation completed on November 10,2005, and the final returns indicated that a total of 3,508 persons voted. The difference of 47 votes was not due to the earlier-discovered software error. b. During the November 10, 2005, re-tabulation, persons present became aware of an uneXplained "other" absentee ballot sealed in the ballot boxes, contrary to the usual and customary practice. Customary and usual procedure would have been for a resolution ballot to have been created for this "other" absentee ballot on election night and run through the electronic tabulation machine. Customary and usual procedure would have been for such original to have been placed in a signed, dated and sealed Resolution Ballot envelope. This "other" absentee ballot included a vote for Democratic nominee Rhoades. A resolution ballot was created for this "other" absentee ballot during the November 10, 2005, hand tabulation and its vote included in the tally. It is unknown if this "other" absentee ballot was counted twice. c. Within the election district of Carlisle Borough Third Ward, First Precinct at least one ballot was not counted for Keating during the re-tabulations. The voter clearly indicated preference for Keating in a manner similar to indication of preference for all other candidates on the same ballot. This vote for Republican candidate Keating was not included in the tally. d. A total of eighty seven (87) "no votes" were tallied with respect to the election of Magisterial District Judge 09-2-02. Keating was permitted to observe only a handful of the ballots during the re-tabulation in contravention to 25 P.S. 9 3154 ( d)(2). e. The November II, 2005, machine tabulation agreed to the hand tabulation of November 10, 2005, in seven of the nine Carlisle Borough polling places, but the machine tabulation for election districts for Carlisle Borough Fourth Ward, First precinct and Fourth Ward, Second Precinct did not agree to the hand tabulation. f. On November ll, 2005, a second hand count tabulation was completed for the election districts of Carlisle Borough Fourth Ward, First Precinct and Fourth Ward, Second Precinct. In both election districts, the second hand count differed from the first hand count by one vote. g. It has been learned that an unspecified number of ballots were darkened by Cumberland County Board of Election staff members. 8. The results made public on November 30, 2005, indicate 1,703 votes for Rhoades to 1,70 I votes for Keating; a difference of two (2) votes. 9. The court ordered re-tabulation the above captioned election was not a recount of the vote as contemplated by 25 P.S. 93154(e) for the following reasons: a. Republican candidate Keating and Democratic candidate Rhoades were entitled to be present in the central tabulating area, in person or by proxy duly authorized in writing, to observe and hear the entire re-tabulation proceedings. Neither candidate was permitted to have counselor other witnesses to be present in the central tabulating area. Attorney John A. Abom, Counsel for Ms. Keating, was specifically prohibited by a county employee from entering the tabulating area. b. The election code requires that the county chairperson of each political party receive written and proper notification and each chairperson may be permitted to have two representatives present. Victor P. Stabile Esquire, chair of the Cumberland County Republican Committee did not receive written notification of the re-tabulation and he was not permitted to have representatives present as required under 25 P .s. 9 3154. It is unknown whether the Chairperson of the Democratic party was notified in writing. This Court's order did not provide for either party to send representatives to the re-tabulation. c. Keating was permitted to observe only a handful of the ballots during the re- tabulation in contravention to 25 P.S. 93154 (d)(2). d. The electronic tabulation was used to obtain the official re-tabulation, III contravention to 25 P.S. s3154(e)(3). 10. Inasmuch as the results of the hand tabulations of two of the nine election districts which were counted two times differed, it is likely that additional errors occurred in the counting of all nine districts because the decision as to whether a ballot was cast for one candidate or the other, or not cast at all ("no vote"), is subject to interpretation as to the voter's intent. 11. Inasmuch as there is a purported difference of two votes together with the alleged errors, this petition is made in good faith because only one error in the vote count can change the outcome of the election. 12. A defeated candidate has only 20 days after election within which to institute contest proceedings even though a recount proceeding is not completed within such period. See, In Re Opening Ballot Boxes of Greenwood Township. East. Election District. Columbia. County. 334 Pa. 350,25 A.2d 330 (1942). 13. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the difference of two votes. 14. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the errors alleged. 15. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring the election process is in conformity with the election code. 16. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring that there is one accurate count. 17. If a recount is conducted in accordance to the Election Code, it is unlikely that Ms. Keating will contest those results or the election any further. WHEREFORE, the undersigned petitioners, respectfully request an Order of this Honorable Court pursuant to Section 1702 of the Election Code of June 3, 1937, P,L. 1333, as amended 25 P.S. g3261, requiring that the ballots used in such election district be recounted and that the absentee ballots returned by the electors in said election district be recounted upon proper notice to each candidate who appears on the ballot. Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: (z'c?ut( /bj ;J. 0zriL S-;;L /.( &JT s I CAr/lit '11 () 0 I) 1- I -1Lt{ c W l~LitL ~~(Chck-> I. j qd:;b 52- N. t:..8S.4- S+- era vi ISk 'P~ 1701 7:J 1- I 0... L, ~e; 13,1... ~,Lou.1h e. r c:l1r:/('~J~ PA- nDL.~ ( I~I Respectfully submitted, ABOM & KUTULAKIS, L,L.P. /' / , John A. Abo Attorney 1.D 0.77961 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Defendant VERIFICATION - I, I R'Y (iP: T2.. , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn falsification to authorities. Signature: 7ir4 Printed Name: 7Rof &f"Z Address: <)) JJ. cJ>sr sl. CIlrl,Jl fJ", /)00 Carlisle Ward: 1- I Dated: II-/ff-or -F Sworn and subscribed before the undersigned this 1& day of November 2005. ?~ Dated: NCmRIALSEN.. JOHN A. AIlOM. NoCIry NIle I CaIfI8Ie BollI. ClMl1b8It8nd My Convnlulc.. ElqJlres JV ~ - VERIFICATION I, ~'(. C?yctL- , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pac.S.A. g4904, relating to unsworn falsification to authorities. Address: ~~~I~~::i 02... N ov~h SClS+ St Cm-IIS,I( ~ 110iJ:J 1-( Signature: Printed Name: // // L-____ Carlisle Ward: Dated: -=vi D V < (<0 1 looS 'I!J '1'- Sworn and subscribed before the undersigned this ~ day of November 2005. Dated: 10 NOTARIAl. SEAL JOHN A. AIlOM. Notary NIle <, CarliIle BollI. ClInbIrtarid My Corn",1111on ElIpieI J'Il' ~ - I, ~)t' , (~ ,,(V, Q L ~\d1+ , the undersigned, verify that the VERIFICATION statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.c.s.A. g4904, relating to unsworn falsification to authorities. Address: Signature: Printed Name: Carlisle Ward: 1- ) Dated: NDrJ, :II ,j,OD5 I ,-r Sworn and subscribed before the undersigned this ~ day ofNovernber 2005. . NOTARIAL SEAL JOHN A, ABOM. Notary PublIc I Carlisle Bolo. CUmberland County My Commlsslon ExpIres Jl!!l6 26. 2{1Or , "e"," ,,,,. Dated: ( /.j I /0 S- f ( Civil Term IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE off AND NOW, this L day of December 2005, I, John A. Abom, Esquire, of Abom & Kutulakis, LL.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS upon the following individuals via first class mail or by leaving a copy at the following locations: Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, P A 17013 Edward L. Schorpp, Esquire Cumberland COWIty Solicitor Commissioner's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Jessica B. Rhoades, Esquire Office of the Public Defender 1 Courthouse Square Carlisle, P A 17013 Gail McDermott 427 West Simpson Street Mechanicsburg, P A 17055 Victor P. Stabile, Esquire 112 Market Street, Suite 800 Harrisburg, PA 17101 ABOM & KUTULAKIS, L.L.P. John A. 36 So Hanover Street Carlisle, PA 17013 Allorney for Petitioners r-' ') n , IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLV ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS WITHIN THE ELECTION DISTRICT OF CARLISLE BOROUGH. FIFTH WARD AND NOW, come the undersigned, three registered voters residing within the election district of Carlisle Borough, Fifth Ward, Cumberland County, Pennsylvania, by and through John A. Abom, Esquire, who request a recount of all ballots cast with respect to the election of the Office of Magisterial District Judge 09-2-02, pursuant to 25 P.S. S3261, by averring the following: 1. A municipal election was held according to law on Tuesday, November 8, 2005, at which time ballots were cast for the election of various public officials and judges, including for the Office of Magisterial District Judge 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Jessica Becker Rhoades (hereafter "Rhoades") was the Democratic nominee and Kathleen D. ("Kathy") Keating (hereafter "Keating") was the Republican nominee for Magisterial District Judge 09-2-02. 3. As a result of a software error, the Cumberland County Board of Elections obtained a court order on Thursday, November 10,2005, directing a re-tabulation by band count and electronic count. 4. The hand count re-tabulation was held on Thursday, November 10,2005 and the electronic count re-tabulation was held on Friday, November] I, 2005. .,,- .,.~.<.,-'" "".---- 5. On November 30,2005, the Cumberland County Board of Elections attested and made public the returns of the November 8, 2005, Municipal Election. 6. Pursuant to 25 P.S. S 3261, three qualified electors of the election district may petition to open the ballot box and request a recount if there was "en'Or, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast ... for any particular office." 7. The petitioners allege based upon information which they consider reliable that the errors were committed in the computation of the ballots cast for the Office of Magisterial District Judge, Magisterial District 09-2-02, including: a. There is an unexplained difference in the number of total number of persons that voted. The machine ballot tabulation completed on November 8, 2005, indicated that a total of 3,461 persons voted. The hand tabulation completed on November 10,2005, indicated that a total of3,508 persons voted. The difference of 47 votes was not due to the earlier-discovered software error. b. During the November 10, 2005, re.tabulation, persons present became aware of an unexplained "other" absentee ballot sealed in the ballot boxes, contrary to the usual and customary practice. Customary and usual procedure would have been for a resolution ballot to have been created for this "other" absentee ballot on election night and run through the electronic tabulation machine. Customary and usual procedure would have been for such original to have been placed in a signed, dated and sealed Resolution Ballot envelope. This "other" absentee ballot included a vote for Democratic nominee Rhoades. A resolution ballot was created for this "other" absentee ballot during the November 10, 2005, hand tabulation and its vote included in the tally. It is unknown if this "other" absentee ballot was counted twice. c. Within the election district of Carlisle Borough Third Ward, First Precinct at least one ballot was not counted for Keating during the re-tabulations. The voter clearly indicated preference for Keating in a manner similar to indication of preference for all other candidates on the same ballot. This vote for Republican candidate Keating was not included in the tally. d. A total of eighty seven (87) "no votes" were tallied with respect to the election of Magisterial District Judge 09-2-02. Keating was permitted to observe only a handful of the ballots during the re-tabu\ation in contravention to 25 P.S. g 3154 (d)(2). e. The November 11, 2005, machine tabulation agreed to the hand tabulation of November 10,2005, in seven of the nine Carlisle Borough polling places, but the machine tabulation for election districts for Carlisle Borough Fourth Ward, First precinct and Fourth Ward, Second Precinct did not agree to the hand tabulation. f. On November II, 2005, a second hand count tabulation was completed for the election districts of Carlisle Borough Fourth Ward, First Precinct and Fourth Ward, Second Precinct. In both election districts, the second hand count differed from the first hand count by one vote. g. It has been learned that an unspecified number of ballots were darkened by Cumberland County Board of Election staff members. 8. The results made public on November 30,2005, indicate 1,703 votes for Rhoades to 1,701 votes tor Keating; a difference of two (2) votes. 9. The court ordered re-tabulation the above captioned election was not a recount of the vote as contemplated by 25 P.S. s3154(e) for the following reasons: a. Republican candidate Keating and Democratic candidate Rhoades were entitled to be present in the central tabulating area, in person or by proxy duly authorized in writing, to observe and hear the entire re-tabulation proceedings. Neither candidate was permitted to have counsel or other witnesses to be present in the central tabulating area. Attorney John A. Abom, Counsel for Ms. Keating, was specifically prohibited by a county employee from entering the tabulating area. b. The election code requires that the county chairperson of each political party receive written and proper notification and each chairperson may be permitted to have two representatives present. Victor P. Stabile Esquire, chair of the Cumberland County Republican Committee did not receive written notification of the re-tabulation and he was not permitted to have representatives present as required under 25 P,S. S 3154. It is unknown whether the Chairperson of the Democratic party was notified in writing. This Court's order did not provide for either party to send representatives to the re-tabulation. c. Keating was permitted to observe only a handful of the ballots during the re- tabulation in contravention to 25 P.S. S 3 I 54 (d)(2). d. The electronic tabulation was used to obtain the official re-tabulation, III contravention to 25 P.S. s3154(e)(3). 10. Inasmuch as the results of the hand tabulations oftwo of the nine election districts which were cOlmted two times differed, it is likely that additional errors occurred in the counting "...~>~- of all nine districts because the decision as to whether a ballot was cast for one candidate or the other, or not cast at all ("no vote"), is subject to interpretation as to the voter's intent. 11. Inasmuch as there is a purported difference of two votes together with the alleged errors, this petition is made in good faith because only one error in the vote count can change the outcome of the election. 12. A defeated candidate has only 20 days after election within which to institute contest proceedings even though a recount proceeding is not completed within such period. See, In Re Opening Ballot Boxes of Greenwood Township. East. Election District. Columbia. County, 334 Pa. 350, 25 A.2d 330 (1942). 13. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the difference of two votes. 14. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the errors alleged. 15. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring the election process is in conformity with the election code. 16. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring that there is one accurate count. 17, If a recount is conducted in accordance to the Election Code, it is unlikely that Ms. Keating will contest those results or the election any further. - ~"'"'" WHEREFORE, the undersigned petitioners, respectfully request an Order of this Honorable Court pursuant to Section 1702 of the Election Code of June 3, 1937, P.L. 1333, as amended 25 P.S. g3261, requiring that the ballots used in such election district be recounted and that the absentee ballots returned by the electors in said election district be recounted upon proper notice to each candidate who appears on the ballot. rG~~ \~~'i ~, \:\~ . d-.'"ll E S, C' A a..L's'\-e r~V\-. --- o Signature ofregistered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: WHEREFORE, the undersigned petitioners, respectfully request an Order of this Honorable Court pursuant to Section 1702 of the Election Code of June 3,1937, Pol. 1333, as amended 25 P.S. S3261, requiring that the ballots used in such election district be recounted and that the absentee ballots returned by the electors in said election district be recounted upon proper notice to each candidate who appears on the ballot. Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: - OJ~I/ ~<- ~j/YKA/.V thuy / Ann TLlfYlfl::' N31 ,sPO'1l5 f20ad Civil 6 1<, pA 17D/3 :J '0 ;/J c;)~ /~ rl(1.AI) ( " LonD TOdar[l [;: 9 [{J, r .Sf. t.cu-lls{e, fA. nOIJ / S- - '-""'"'~---.""'''- Respectfully submitted, ABOM & KUTULAKIS, L.L.P. / L-__ John A. Abo , Esquire Attorney I. ,No. 77961 36 South anover Street Carlisle, PA 17013 (717) 249-0900 Attorneyfor D~fendant --......--..--- _.'~."""'''''''~_M~~.'''_ VERIFICATION I, \l.....\'-~ "I A \~rr:(L'O , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn falsification to authorities. Printed Name: ~l~ Signature of registered voter: Address: ;;>''1, F CJ4(z.LI~/~. , 5- "5'/ fr-l Carlisle Ward: Dated: N6 v.;1~ Os , '11' r;J Sworn and subscribed before the undersigned thisalL.-- day of November 2005. r"~ Dated: NOTARIAL 8m JOHN A. ABOM. NrA1!1Y Pl!* , C'~rIIII6 Bora. Cumbe.ialld countY, My CommISSIon ~ J'IlP 'J!d:!!!, . VERIFICATION I, LOR I ToDAt2-Ll , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S.A. g4904, relating to unsworn falsification to authorities. Address: %' c rr.ic;;;"tL (L~6c../' /orl D Todo..J'D r, D 1 01 ) CU. e I) r 11(" Ie I ,C; T Sf-. fA, I 70/3 Signature: Printed Name: Carlisle Ward: Dated: /I/2-0/0S- ! I Sworn and subscribed before the undersigned this.J''''' day of November 2005. // ./ . . / ,J<~~ -, (>C~' NOTARIAl SiAL SHELLY L NESTEll Notary PubHc CARLISLE BOROUGH,CU'"lBERLAND COUNTY ~'1Y Com:'1!sslon Expires Jul 31. 2008 --~/ Dated: VERIFICATION I, theryl Annwmas , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S.A. g4904, relating to unsworn falsification to authorities. Address: (;my,; !1U....,:kel'lzA/,J/ CIK:f~ I Anrl -T[untJ S / t./ J Z ~fYi'(1j 12c1. C()1"l :;./(', 1/ A nUI3 6 Signature: Printed Name: Carlisle Ward: Dated: 1 ~ NcWtmbev dOl)6 "/2% Sworn and subscribed before the undersigned this ~ day of November 2005. //0/ ----.. Dated: NOTARW. SEAL JOHNA.ABOM. NalIIy NIlIc 1 ~=~ - . .~ " IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Teml CERTIFICATE OF SERVICE 1,,( AND NOW, this _ day of December 2005, I, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS upon the following individuals via first class mail or by leaving a copy at the following locations: Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, PA 17013 Edward L Schorpp, Esquire Cumberland County Solicitor Commissioner's Office Cwnberland County Courthouse I Courthouse Square Carlisle, PA 17013 Jessica B. Rhoades, Esquire Office of the Public Defender I Courthouse Square Carlisle, PA 17013 Gail McDermott 427 West Simpson Street Mechanicsburg, P A 17055 Victor p, Stabile, Esquire 112 Market Street, Suite 800 Harrisburg,PA 17101 ABOM & KUTULAKIS, LL.P. L/ John A. Ab 36 South nover Street Carlisle, PA 17013 Attorney for Petitioners ;-1 -- IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS WITHIN THE ELECTION DISTRICT OF CARLISLE BOROUGH, FOURTH WARD, SECOND PRECINCT AND NOW, come the undersigned, three registered voters residing within the election district of Carlisle Borough, Fourth Ward, Second Precinct, Cumberland County, Pennsylvania, by and through John A. Abom, Esquire, who request a recount of all ballots cast with respect to the election of the Office of Magisterial District Judge 09-2-02, pursuant to 25 P .S. g3261, by averring the following: ]. A municipal election was held according to law on Tuesday, November 8, 2005, at which time ballots were cast for the election of various public officials and judges, including for the Office of Magisterial District Judge 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Jessica Becker Rhoades (hereafter "Rhoades") was the Democratic nominee and Kathleen D. ("Kathy") Keating (hereafter "Keating") was the Republican nominee for Magisterial District Judge 09-2-02. 3. As a result of a software error, the Cumberland County Board of Elections obtained a court order on Thursday, November 10, 2005, directing a re-tabulation by hand count and electronic count. '" .. - 4. The hand count re-tabulation was held on Thursday, November 10,2005 and the electronic count re-tabulation was held on Friday, November 11,2005. 5. On November 30, 2005, the Cumberland County Board of Elections attested and made public the returns of the November 8, 2005, Municipal Election. 6. Pursuant to 25 P.S. g 3261, three qualified electors of the election district may petition to open the ballot box and request a recount if there was "error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast ... for any particular office." 7. The petitioners allege based upon information which they consider reliable that the errors were committed in the computation of the ballots cast for the Office of Magisterial District Judge, Magisterial District 09-2-02, including: a. There is an unexplained difference in the number of total number of persons that voted. The machine ballot tabulation completed on November 8, 2005, indicated that a total of3,461 persons voted. The hand tabulation completed on November 10,2005, indicated that a total of 3,508 persons voted. The difference of 47 votes was not due to the earlier-discovered software error. b. During the November 10, 2005, re-tabulation, persons present became aware of an unexplained "other" absentee ballot sealed in the ballot boxes, contrary to the usual and customary practice. Customary and usual procedure would have been for a resolution ballot to have been created for this "other" absentee ballot on election night and run through the electronic tabulation machine. Customary and usual procedure would have been for such original to have been placed in a signed, dated and sealed Resolution Ballot envelope. This "other" absentee ballot ,.._.,."_~.~"__,.._<_.......,....,,,,,,.v,_.,,u included a vote for Democratic nommee Rhoades. A resolution ballot was created for this "other" absentee ballot during the November 10, 2005, hand tabulation and its vote included in the tally. It is unknown if this "other" absentee ballot was counted twice. c. Within the election district of Carlisle Borough Third Ward, First Precinct at least one ballot was not counted for Keating during the re-tabulations. The voter clearly indicated preference for Keating in a manner similar to indication of preference for all other candidates on the same ballot. This vote for Republican candidate Keating was not included in the tally. d. A total of eighty seven (87) "no votes" were tallied with respect to the election of Magisterial District Judge 09-2-02. Keating was permitted to observe only a handful of the ballots during the re-tabulation in contravention to 25 P.S. S 3154 ( d)(2). e. The November II, 2005, machine tabulation agreed to the hand tabulation of November 10, 2005, in seven of the nine Carlisle Borough polling places, but the machine tabulation for election districts for Carlisle Borough Fourth Ward, First precinct and Fourth Ward, Second Precinct did not agree to the hand tabulation. f. On November 11, 2005, a second hand count tabulation was completed for the election districts of Carlisle Borough Fourth Ward, First Precinct and Fourth Ward, Second Precinct. In both election districts, the second hand count differed from the first hand count by one vote. g. It has been learned that an unspecified number of ballots were darkened by Cumberland County Board of Election staff members, -",._'""'"'....~<,_.~;".....__...- 8. The results made public on November 30, 2005, indicate 1,703 votes for Rhoades to 1,701 votes for Keating; a difference of two (2) votes. 9. The court ordered re-tabulation the above captioned election was not a recount of the vote as contemplated by 25 P .S. g3154(e) for the following reasons: a. Republican candidate Keating and Democratic candidate Rhoades were entitled to be present in the central tabulating area, in person or by proxy duly authorized in writing, to observe and hear the entire re-tabulation proceedings. Neither candidate was permitted to have counselor other witnesses to be present in the central tabulating area. Attorney John A. Abom, Counsel for Ms. Keating, was specifically prohibited by a county employee from entering the tabulating area. b. The election code requires that the county chairperson of each political party receive written and proper notification and each chairperson may be permitted to have two representatives present. Victor P. Stabile Esquire, chair of the Cumberland County Republican Committee did not receive written notification of the re-tabulation and he was not permitted to have representatives present as required under 25 P.S. !i 3154, It is unknown whether the Chairperson of the Democratic party was notified in writing. This Court's order did not provide for either party to send representatives to the re-tabulation. c. Keating was permitted to observe only a handful of the ballots during the re- tabulation in contravention to 25 P.S. g 3154 (d)(2). d. The electronic tabulation was used to obtain the official re-tabulation, in contravention to 25 P.S. s3l54(e)(3). '"'~"''''__'''''_X__''''''~'''~_ 1;1. 10. Inasmuch as the results of the hand tabulations of two of the nine election districts which were counted two times differed, it is likely that additional errors occurred in the counting of all nine districts because the decision as to whether a ballot was cast for one candidate or the other, or not cast at all ("no vote"), is subject to interpretation as to the voter's intent. I L Inasmuch as there is a purported difference of two votes together with the alleged errors, this petition is made in good faith because only one error in the vote count can change the outcome of the ejection. 12. A defeated candidate has only 20 days after election within which to institute contest proceedings even though a recount proceeding is not completed within such period. See, In Re Opening Ballot Boxes of Greenwood Township, East Election District, Columbia. Countv. 334 Pa. 350, 25 A.2d 330 (1942). 13. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the difference oftwo votes. 14. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the errors alleged. 15. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring the election process is in conformity with the election code, 16. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring that there is one accurate count. 17, If a recount is conducted in accordance to the Election Code, it is unlikely that Ms. Keating will contest those results or the election any further. -- ~.,..,...,~~-^.' WHEREFORE, the undersigned petitioners, respectfully request an Order of this Honorable Court pursuant to Section 1702 of the Election Code of June 3,1937, P.L. 1333, as amended 25 P.S. g3261, requiring that the ballots used in such election district be recounted and that the absentee ballots returned by the electors in said election district be recounted upon proper notice to each candidate who appears on the ballot. Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter. Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: ~-Ar,~ A-Il l-0 In -cf-t-e.. N, C (-e<< S of! 3/~ C{ojh~1-') Dr ~ r l s / e /-) It I 7.0 /-3 '1- 'd- ~'~ ~-./ Tc,'r,.,1 S C(Z,ep., Sv<~> "3 \:2- c, D3,k,J'b, ,,-, e..- CI\ C \ , '> \ 61( (\, \1 <) \ 3, , ~-:L- C~f~p~fL ])4N/EL ,:7: 5o[)v-s /63 C/IS<T /?!c<!k- :57;'<!tFrr C4"'Ll5L~ /';4 170/_3 -Y'2 Respectfully submitted, ABOM & KUTULAKIS, L.L.P. m, Esquire Attorne , . No. 77961 36 Sou Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Defendant VERIFICATION I, o ~. Y1/l/IE L .J . SoDUS , the undersigned, verify that the statements contained herein are true and correct to the best of rny knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S.A. ~4904, relating to unsworn falsification to authorities. Address: (jL/f!~~ ]) t<7,-t/r~ '- J .::; D u s Ie;? CAsr fArek $;eG-Ev C;'ausLE rf~4 1'70/3 1(- 2- Signature: Printed Name: Carlisle Ward: Dated: 1(,;;.;2. ()~ ,/l Sworn and subscribed before the undersigned this>> day ofNovernber 2005. ~ ~'" ' Dated: My CommIAlon ElIpieI JIff 26, - VERIFICATION I, -Yo\"''''\ s" C,e.o.-so ~ , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are rnade subject to the penalties of 18 Pa.c.S.A. g4904, relating to unsworn falsification to authorities. Signature: ~'---' , .0 \-...,..1 c,. (re-A. <;.c,j -:S\.). C('t<:; \'Ar-I b"..;e.., .> c.1't ( \, s \e... 'P f\ \ 1 0 \ ''3> '-\' ~ Printed Name: Address: Carlisle Ward: Dated: No" \ ~ .., )..005 , ~ '1'- Sworn and subscribed before the undersigned this J.!... day ofNovernber 2005. '- .~~ - ~~_._-- "') Dated: NCmRIALSEN.. JOHN A. A8OM, Notary NIle I CIrIIIe BollI, CIIIIbIrtInd MyClJ,II,ri IIGflEllpiel"V~ - ';'j;: . VERIFICATION I, ~'k.~the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false staternents herein are made subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn falsification to authorities. Address: a~I0,~ Jt/)+O/i)-e:. tt<::..- All, Cfe-4.5611 .3/~ C."'--o3Ati/1 DrIVe C<tj Ii s/e Pit- 170/ S J '-/- 2...- Signature: Printed Name: Carlisle Ward: Dated: / I - I ct ~ () s: ~YL Sworn and subscribed before the undersigned this ~ day of November 2005. Dated: , NOTARlALSEAL. JOHN A. A8QM, NoIaly PublIc 1 CartlsIe Boro, CUmbelIand My CornmI88lon Expir8s J1l!!" ~ , - . IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term CERTIFICATE OF SERVICE /'} AND NOW, this day of December 2005, I, John A. Abom, Esquire, of Abom & Kutulakis, L.1.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS upon the following individuals via first class mail or by leaving a copy at the following locations: Kathleen D, Keating, Esquire 529 Bosler Drive Carlisle, P A 17013 Edward 1. Schorpp, Esquire Cumberland County Solicitor Commissioner's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Jessica B. Rhoades, Esquire Office of the Public Defender 1 Courthouse Square Carlisle, P A 17013 Gail McDermott 427 West Simpson Street Mechanicsburg, P A 17055 Victor P. Stabile, Esquire 112 Market Street, Suite 800 Harrisburg, PA 17101 ABOM & KUTULAKIS, 1.L.P. , ~ John A. Abom f 36 South Han er Street Carlisle, PA 17013 Aftorney for Petitioners .~>,~....._,,,o ',l, - -,,"," IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS WITHIN THE ELECTION DISTRICT OF CARLISLE BOROUGH, FOURTH WARD. FIRST PRECINCT AND NOW, come the undersigned, three registered voters residing within the election district of Carlisle Borough, Fourth Ward, First Precinct, Cumberland County, Pennsylvania, by and through John A. Abom, Esquire, who request a recount of all ballots cast with respect to the election of the Office of Magisterial District Judge 09-2-02, pursuant to 25 P.S. 93261, by averring the following: 1. A municipal election was held according to law on Tuesday, November 8, 2005, at which time ballots were cast for the election of various public officials and judges, including for the Office of Magisterial District Judge 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Jessica Becker Rhoades (hereafter "Rhoades") was the Democratic nominee and Kathleen D. ("Kathy") Keating (hereafter "Keating") was the Republican nominee for Magisterial District Judge 09-2-02, 3. As a result of a software error, the Cumberland County Board of Elections obtained a court order on Thursday, November 10, 2005, directing a re-tabulation by hand count and electronic count. 4. The hand count re-tabulation was held on Thursday, November 10, 2005 and the electronic count re-tabulation was held on Friday, November 1],2005. 5. On November 30, 2005, the Cumberland County Board of Elections attested and made public the returns of the November 8, 2005, Municipal Election, 6. Pursuant to 25 P .S. g 3261, three qualified electors of the election district may petition to open the ballot box and request a recount if there was "error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast ... for any particular office." 7. The petitioners allege based upon information which they consider reliable that the errors were committed in the computation of the ballots cast for the Office of Magisterial District Judge, Magisterial District 09-2-02, including: a, There is an unexplained difference in the number of total number of persons that voted. The machine ballot tabulation completed on November 8, 2005, indicated that a total of 3,461 persons voted. The hand tabulation completed on November 10,2005, indicated that a total of3,508 persons voted. The difference of47 votes was not due to the earlier-discovered software error. b. During the November 10, 2005, re-tabulation, persons present became aware of an unexplained "other" absentee ballot sealed in the ballot boxes, contrary to the usual and customary practice. Customary and usual procedure would have been for a resolution ballot to have been created for this "other" absentee ballot on election night and run through the electronic tabulation machine. Customary and usual procedure would have been for such original to have been placed in a signed, dated and sealed Resolution Ballot envelope. This "other" absentee ballot ~...~...,~-~.,.., included a vote for Democratic nominee Rhoades. A resolution ballot was created for this "other" absentee ballot during the November 10, 2005, hand tabulation and its vote included in the tally, It is unknown if this "other" absentee ballot was counted twice. c, Within the election district of Carlisle Borough Third Ward, First Precinct at least one ballot was not counted for Keating during the re-tabulations. The voter clearly indicated preference for Keating in a manner similar to indication of preference for all other candidates on the same ballot. This vote for Republican candidate Keating was not included in the tally. d. A total of eighty seven (87) "no votes" were tallied with respect to the election of Magisterial District Judge 09-2-02. Keating was permitted to observe only a handful of the ballots during the re-tabulation in contravention to 25 P.S, g 3154 (d)(2). e. The November 11, 2005, machine tabulation agreed to the hand tabulation of November 10, 2005, in seven of the nine Carlisle Borough polling places, but the machine tabulation for election districts for Carlisle Borough Fourth Ward, First precinct and Fourth Ward, Second Precinct did not agree to the hand tabulation. f. On November 11, 2005, a second hand count tabulation was completed for the election districts of Carlisle Borough Fourth Ward, First Precinct and Fourth Ward, Second Precinct. In both election districts, the second hand count differed from the first hand count by one vote. g. It has been learned that an unspecified number of ballots were darkened by Cumberland County Board of Election staff members. 8. The results made public on November 30, 2005, indicate 1,703 votes for Rhoades to 1,701 votes for Keating; a difference of two (2) votes. 9. The court ordered re-tabulation the above captioned election was not a recount of the vote as contemplated by 25 P.S. s3154(e) for the following reasons: a. Republican candidate Keating and Democratic candidate Rhoades were entitled to be present in the central tabulating area, in person or by proxy duly authorized in writing, to observe and hear the entire re-tabulation proceedings. Neither candidate was permitted to have counselor other witnesses to be present in the central tabulating area. Attorney John A. Abom, Counsel for Ms. Keating, was specifically prohibited by a county employee from entering the tabulating area. b. The election code requires that the county chairperson of each political party receive written and proper notification and each chairperson may be permitted to have two representatives present. Victor P. Stabile Esquire, chair of the Cumberland County Republican Committee did not receive written notification of the re-tabulation and he was not permitted to have representatives present as required under 25 P.S. S 3154. It is unknown whether the Chairperson of the Democratic party was notified in writing. This Court's order did not provide for either party to send representatives to the re-tabulation. c. Keating was permitted to observe only a handful of the ballots during the re- tabulation in contravention to 25 P.S. S 3154 (d)(2). d. The electronic tabulation was used to obtain the official re-tabulation, m contravention to 25 P.S. s3154(e)(3). ----..- 10. Inasmuch as the results of the hand tabulations of two of the nine election districts which were counted two times differed, it is likely that additional errors occurred in the counting of all nine districts because the decision as to whether a ballot was cast for one candidate or the other, or not cast at all ("no vote"), is subject to interpretation as to the voter's intent. 11. Inasmuch as there is a purported difference of two votes together with the alleged errors, this petition is made in good faith because only one error in the vote count can change the outcome of the election. 12. A defeated candidate has only 20 days after election within which to institute contest proceedings even though a recount proceeding is not completed within such period. See, In Re Opening Ballot Boxes of Greenwood Township. East. Election District. Columbia, County. 334 Pa. 350, 25 A.2d 330 (1942). 13. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the difference of two votes. 14, A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the errors alleged. 15. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring the election process is in conformity with the election code. 16. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring that there is one accurate count. 17. If a recount is conducted in accordance to the Election Code, it is unlikely that Ms. Keating will contest those results or the election any further. WHEREFORE, the undersigned petitioners, respectfully request an Order of this Honorable Court pursuant to Section 1702 of the Election Code of June 3,1937, P.L. 1333, as amended 25 P.S. g3261, requiring that the ballots used in such election district be recounted and that the absentee ballots returned by the electors in said election district be recounted upon proper notice to each candidate who appears on the ballot. Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: 0L-Q (y / LA) (L Ls4' '-/-' (7c)\~ /(~cl1~ rY\.0\"u... L.. l4Plj I ZlJ l.U, ~u..'Hi\r r S L C&;'r\ls0> (>/\ Fk)( '\ l..[ -I ;&J7h fl, e~ /< n'--M D, {/, QE-J.-/h 127 N I f,J ~>f c;f- eM. ls k, P:#-. 170 {> Ij-I WHEREFORE, the undersigned petitioners, respectfully request an Order of this Honorable Court pursuant to Section 1702 of the Election Code of June 3, 1937, P.L. 1333, as amended 25 P.S. g3261, requiring that the ballots used in such election district be recounted and that the absentee ballots returned by the electors in said election district be recounted upon proper notice to each candidate who appears on the ballot. Signature of registered voter: Printed Name: Address: x 1f. 1(..< J27 ..J M.~ I,I'bTIJ W. ~IG({ r-r. Carlisle Ward: CPy2( (.)(~ ~? Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: Respectfully submitted, ABOM & KUTULAKlS, L.L.P. John A. Abo Attorney I. 36 South nover Street Carlisle, A 17013 (717) 249-0900 Attorneyfor Defendant VERIFICATION I, k' ['f' HI D. fS~f ,1--Wt , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S.A. g4904, relating to unsworn falsification to authorities. Address: ~~ I<rj~ Dr fy t!..(:/f-ftl 12.7 AJ. lAJ'ist 51. Cfrl!.J " s (<i ,I f1-- /70 (J '1-( Signature: Printed Name: Carlisle Ward: Dated: t//2?:./()c; f ( ') ../. Sworn and subscribed before the undersigned thiJ..; day ofNovernber 2005. -.....-.....- ,/,~ ' , -~...._,~._,. " ..~#-- ~'- ...,.....Y"" .~~'''-" ~_._._-'_.._...... ,...>- , . . ,/ Dated: ~/ 1 NOTARIAl. SEAl. L , JOHN A, ABOM. Notary Public I Carlisle BolO. Cumberl8I1d Counlv ! My CommlIIIon EJcplI'8l JI/I!.8 26. 2M6 1- - -"~'" ,-'~"'" r'_""_';'""""'~"'-' VERIFICATION I, bitvt'~ , "k,;'J1 ' w, """='g,,,d, statements contained herein are true d correct to the best of my knowledge. verify that the I understand that false statements herein are made subject to the penalties of 18 Pa.c.S.A. g4904, relating to unsworn falsification to authorities. Address: o~~ l>A-Vt't) (' S01~L) {g L \;V I qU4K rp ~{ Signature: Printed Name: Carlisle Ward: Dated: Itl(~/or r ?-- Sworn and subscribed before the undersigned this (t6' day of November 2005. <~ / --- 1 NOTARIAL seAl. , JOHN A. ABOM. NalIIy NIle I CarlIle BollI. ClInbel1Ind My Commllllon ExplneJtae ~ - Dated: :..~ .L\'" . t,' ~~,;.. h.~ VERIFICATION I, l'V\t<rl't<.. \ . \<~ , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S.A. g4904, relating to unsworn falsification to authorities. Address: /1(/1/h~r:/ 1/ c? 0- rv1G<.,iC<... L.~ 11~ W. L...CJu,,-J..l1eJ' Signature: Printed Name: Carlisle Ward: I.[ -{ Dated: if jig/or f ' Sworn and subscribed before the undersigned this !b ~y ofNovernber 2005. ,/" '-...~ NOTARIAl. SEAl JOHN A. ABOM. Notary PublIc: CarIlsIe Boro, Cumbertatid County I My ComrnIIIIori fJCplres JIJll26. 2006 _. Dated: VERIFICATION I, _~~ --J. A.1-€?2-1.r~\1r , the undersigned, believe that the facts contained herein are true, and that according to the best of my knowledge and belief, the November 8, 2005 election was illegal and the return not correct and that this Petition to Contest is made in good faith. I am a registered elector within Carlisle Borough, Cumberland County, Pennsylvania, who voted on November 8, 2005. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn falsification to authorities. Signature of registered voter: 14~ Printed Name as registered: 1 (? 7 w /:J- (~ff ST Address: C--AI< LlJ{{:::- /fJ ~ (? ff3.FVZ.- J M Pfi..LY6r( f Dated: 1(-23 --05 Sworn and subscribed before the undersigned thi~ay of November 2005. /' .~ C' NOTARIAL SEAl SHEllY l NESTER No1my PublIc CARLISLE BOROUGH,CUMBERlAND COUNTY My Commission Expires Jul 31. 200B / v IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term CERTIFICATE OF SERVICE I~ AND NOW, this _ day of December 2005, I, John A, Abom, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS upon the following individuals via first class mail or by leaving a copy at the following locations: Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, PA 17013 Edward L. Schorpp, Esquire Cumberland County Solicitor Commissioner's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 <---.-..---- Jessica B. Rhoades, Esquire Office of the Public Defender 1 Courthouse Square Carlisle, PA 17013 Gail McDermott 427 West Simpson Street Mechanicsburg, P A 17055 Victor P. Stabile, Esquire 112 Market Street, Suite 800 Harrisburg, P A 1710 I ABOM & KUTULAKIS, L.L.P, John A. Aba 36 South H Carlisle, P Attorney for Petitioners "il IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS WITHIN THE ELECTION DISTRICT OF CARLISLE BOROUGH. THIRD WARD. THIRD PRECINCT AND NOW, come the undersigned, three registered voters residing within the election district of Carlisle Borough, Third Ward, Third Precinct, Cumberland County, Pennsylvania, by and through John A. Abom, Esquire, who request a recount of all ballots cast with respect to the election of the Office of Magisterial District Judge 09-2-02, pursuant to 25 P.S. g3261, by averring the following: 1. A municipal election was held according to law on Tuesday, November 8, 2005, at which time ballots were cast for the election of various public officials and judges, including for the Office of Magisterial District Judge 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Jessica Becker Rhoades (hereafter "Rhoades") was the Democratic nominee and Kathleen D. ("Kathy") Keating (hereafter "Keating") was the Republican nominee for Magisterial District Judge 09-2-02. 3. As a result of a software error, the Cumberland County Board of Elections obtained a court order on Thursday, November 10, 2005, directing a re-tabulation by hand count and electronic count. 4. The hand count re-tabulation was held on Thursday, November 10, 2005 and the electronic count re-tabulation was held on Friday, November 11,2005. 5. On November 30, 2005, the Cumberland County Board of Elections attested and made public the returns of the November 8, 2005, Municipal Election. 6. Pursuant to 25 P.S. g 3261, three qualified electors of the election district may petition to open the ballot box and request a recount ifthere was "error, although not manifest on the general return of votes made therefrom, was committed in the computation of the votes cast ... for any particular office." 7. The petitioners allege based upon information which they consider reliable that the errors were committed in the computation of the ballots cast for the Office of Magisterial District Judge, Magisterial District 09-2-02, including: a. There is an unexplained difference in the number of total number of persons that voted. The machine ballot tabulation completed on November 8, 2005, indicated that a total of 3,461 persons voted, The hand tabulation completed on November 10,2005, indicated that a total on,508 persons voted, The difference of 47 votes was not due to the earlier-discovered software error. b. During the November 10, 2005, re-tabulation, persons present became aware of an unexplained "other" absentee ballot sealed in the ballot boxes, contrary to the usual and customary practice. Customary and usual procedure would have been for a resolution ballot to have been created for this "other" absentee ballot on election night and run through the electronic tabulation machine. Customary and usual procedure would have been for such original to have been placed in a signed, dated and sealed Resolution Ballot envelope. This "other" absentee ballot included a vote for Democratic nommee Rhoades, A resolution ballot was created for this "other" absentee ballot during the November 10, 2005, hand tabulation and its vote included in the tally. It is unknown if this "other" absentee ballot was counted twice. c. Within the election district of Carlisle Borough Third Ward, First Precinct at least one ballot was not counted for Keating during the re-tabulations. The voter clearly indicated preference for Keating in a manner similar to indication of preference for all other candidates on the same ballot. This vote for Republican candidate Keating was not included in the tally. d. A total of eighty seven (87) "no votes" were tallied with respect to the election of Magisterial District Judge 09-2-02. Keating was permitted to observe only a handful of the ballots during the re-tabulation in contravention to 25 P.S, S 3154 ( d)(2). e. The November 11, 2005, machine tabulation agreed to the hand tabulation of November 10, 2005, in seven of the nine Carlisle Borough polling places, but the machine tabulation for election districts for Carlisle Borough Fourth Ward, First precinct and Fourth Ward, Second Precinct did not agree to the hand tabulation. f. On November 11, 2005, a second hand count tabulation was completed for the election districts of Carlisle Borough Fourth Ward, First Precinct and Fourth Ward, Second Precinct. In both election districts, the second hand count differed from the first hand count by one vote. g. It has been learned that an unspecified number of ballots were darkened by Cumberland County Board of Election staff members. 8. The results made public on November 30, 2005, indicate 1,703 votes for Rhoades to 1,701 votes for Keating; a difference of two (2) votes. 9. The court ordered re-tabulation the above captioned election was not a recount of the vote as contemplated by 25 P .S. g3154( e) for the following reasons: a. Republican candidate Keating and Democratic candidate Rhoades were entitled to be present in the central tabulating area, in person or by proxy duly authorized in writing, to observe and hear the entire re.tabulation proceedings. Neither candidate was permitted to have counselor other witnesses to be present in the central tabulating area. Attorney John A. Abom, Counsel for Ms. Keating, was specifically prohibited by a county employee from entering the tabulating area. b. The election code requires that the county chairperson of each political party receive written and proper notification and each chairperson may be permitted to have two representatives present. Victor P. Stabile Esquire, chair of the Cumberland County Republican Committee did not receive written notification of the re-tabulation and he was not permitted to have representatives present as required under 25 P .S. g 3154. It is unknown whether the Chairperson of the Democratic party was notified in writing. This Court's order did not provide for either party to send representatives to the re-tabulation. c. Keating was permitted to observe only a handful of the ballots during the re- tabulation in contravention to 25 P.S. g 3154 (d)(2). d. The electronic tabulation was used to obtain the official re-tabulation, In contravention to 25 P .S. g3154( e )(3). 10. Inasmuch as the results of the hand tabulations of two of the nine election districts which were counted two times differed, it is likely that additional errors occurred in the counting of all nine districts because the decision as to whether a ballot was cast for one candidate or the other, or not cast at all ("no vote"), is subject to interpretation as to the voter's intent. 11. Inasmuch as there is a purported difference of two votes together with the alleged errors, this petition is made in good faith because only one error in the vote count can change the outcome of the election. 12. A defeated candidate has only 20 days after election within which to institute contest proceedings even though a recount proceeding is not completed within such period. See, In Re Opening Ballot Boxes of Greenwood Township, East. Election District, Columbia. Countv, 334 Pa. 350,25 A.2d 330 (1942), 13. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the difference of two votes. 14. A recount of approximately 3500 votes would not be an undue hardship on the Board of Electors given the errors alleged. 15. The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring the election process is in conformity with the election code. 16, The citizens of the Borough of Carlisle and Cumberland County have a vital interest in assuring that there is one accurate count. ]7, If a recount is conducted in accordance to the Election Code, it is unlikely that Ms. Keating will contest those results or the election any further. WHEREFORE, the undersigned petitioners, respectfully request an Order of this Honorable Court pursuant to Section 1702 of the Election Code ofJune 3,1937, P,L. 1333, as amended 25 P.S. g3261, requiring that the ballots used in such election district be recounted and that the absentee ballots returned by the electors in said election district be recounted upon proper notice to each candidate who appears on the ballot. Signature of registered voter: Printed Name: Address: Carlisle Ward: Signature ofregistered voter: Printed Name: Address: Carlisle Ward: Signature of registered voter: Printed Name: Address: Carlisle Ward: /!ZA-~ I p.tn VL i\ 4M 4d tI/....e.... Cl 'f3 W i? A- ... r-I t<1 d ~ St----- C-,AJl-.t..tl.:.-~ p,,- l7<J ~ '3-3 ~ k c:;:..,-'L-______ - - ~ a.~t.e:.c._ v- r;,cc/...JIL.JEv.'iCl..- 1"2-" c( SrR"'TFn>-f;, 'b>C. cr1"':::'-'Sc:.c-. r>/J i /,:)'"3 , 3-3 , I 1JldA7f 'j, ~tu/~'-z L) ,.""1A.zy r::. C/Zel\J':'lt!:WICL 12.0~ YTP-A'rR>~ 'boe, u~R.Ws-i.E" r',4 I 7 <>i 3 , '3-? Respectfully submitted, ABOM & KUTULAKIS, L.L.P. John A. Abo Attorney LD 0.77961 36 South H nover Street Carlisle, P A 17013 (717) 249-0900 Allorney for Defendant VERIFICATION I, '-a~l..l.~E V (;/!,,/\/;.<.,t;#...iiC2--- , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.c.SA. g4904, relating to unsworn falsification to authorities. Signature: '-;d;/~,~,-~c::;~~-----. , " / Printed Name: - ,~'.'I.'.<..."- /;/( C;-/c:!.O/IJi::-lewJ <.: ,2 Address: /20 ~ So i7'2I'J",-r::oe01>K. <)3<:<. I sur f" /' , 7<-1 -:; : Carlisle Ward: :7- 3 Dated: ,,7 ^"v <P 5' Sworn and subscribed before the undersigned this./IP'day ofNovernber 2005. , / d~.{G 12 7{~YI~: u: J / -~---- , ,,/, I l'A' '\l . rq . .I,e CARLISLE ~ORuv ': '..l.!.'BEr;> '~ND courHY My Com 'lission Expires:,;1 31. 200f Dated: VERIFICATION I, /Y1Ae y F" ({;/Z.Op;)<.;EW.L,'z.... , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are rnade subject to the penalties of 18 Pa.c.SA. g4904, relating to unsworn falsification to authorities. Signature: , c:JJtd.1 Y ,'I !ii/lUtaiJc:27 f'1"reV p c;.'/Z.J:;>N/<..I~Ic..,-- Printed Name: Address: t 2-0 '75'T7eA'TFo"'~ 1>1<.. c..4eL.'Sw.::' pft t7G,3 . Carlisle Ward: '3-3 Dated: {7 No V dS-- 1'~ Sworn and subscribed before the undersigned this L day ofNovernber 2005. ,.-: '-' /' --"'- 4'-'TAr, \lSb..L Si<'"lYj["',:R N,.IO' ~'uj _ CARLISLE BOROl;c;lj' "M""[' "D CO - __u rX,,~,,; UNTY My Com ;Jlssion Expires JUJ J 1, 200B Dated: VERIFICATION I, l7-?1'1L At'I'lAbulL7 , the undersigned, verify that the statements contained herein are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S.A. g4904, relating to unsworn falsification to authorities. Signature: /)~ j-/ _..,-- .r/' . ()~ / Printed Name: r", '(L-(L fl A 11 A- D U (Le.... Address: p-f3 v B4i.rl~c.?t>..~ .ft- c.",.U/S,:..1( pa.. ni9 t .3 Carlisle Ward: 3-5 Dated: JI /17/6 S- f ' Sworn and subscribed before the undersigned this ~day of November 2005. / (,/ -, l.; ,., -//11 l /"-{1L':'--- / / .-/. j / ",<~1 - 7/C, NOTARIAl SEAL SHEllY l NESTER No/ary Public CARLISLE BOROUGH.CUMBERLAND COUNTY My Com:nlsslon ExpIres Jul 31, 2006 Dated: IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term CERTIFICATE OF SERVICE -- ,,,I AND NOW, this L day of December 2005, I, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR A RECOUNT OF MUNICIPAL BALLOTS upon the following individuals via first class mail or by leaving a copy at the following locations: Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, P A 17013 Edward L. Schorpp, Esquire Cumberland County Solicitor Commissioner's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Jessica B. Rhoades, Esquire Office of the Public Defender 1 Courthouse Square Carlisle, PA 17013 Gail McDermott 427 West Simpson Street Mechanicsburg, P A 17055 Victor P. Stabile, Esquire 112 Market Street, Suite 800 Harrisburg,PA 1710] ABOM & KUTULAKIS, L.L.P, John A. Abom 36 South H er Street Carlisle, PA 70]3 ~ -~ Allorney for Petitioners , IN RE: ELECTION OF MAGISTERIAL DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 05-6090 Civil Term PRAECIPE Please enter my appearance on behalf of Jessica B. Rhoades in the above captioned matter. cc: John A. Abom, Esquire 36 S Hanover Street Carlisle, PAl 7013 For Kathy D, Keating Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, PAl 70 13 Edward L. Schorpp, Esquire Cumberland County Solicitor Commissioner's Office Cumberland County Courthouse I Courthouse Square Carlisle, PAl 70 13 Gail McDermott 427 West Simpson Street Mechanicsburg, PA 17055 Victor P. Stabile, Esquire 112 Market Street, Suite 800 Harrisburg, PAl 71 0 I Respectfully submitted, AND Tayl / . Andrews, Esquire 78 West Pomfret Street Carlisle, P A 17013 (717) 243-0123 Supreme Court ID: 15641 ,.--{ f' ,~; C~J c.::: .~ . - IN RE: ELECTION OF MAGISTERIAL: DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-6090 CIVIL TERM IN RE: PETITION TO CONTEST ORDER OF COURT AND NOW, this 2nd day of December, 2005, upon consideration of the Petition To Contest filed in the above-captioned matter, and pursuant to an agreement of counsel in the persons of Taylor P. Andrews, Esquire, on behalf of Jessica B. Rhoades, Esquire, John A. Abom, Esquire, on behalf of Kathleen D. Keating, Esquire, and Edward L. Schorpp, Esquire, on behalf of the Cumberland County Board of Elections, action by the Court, if any, on the Petition To Contest is continued generally, and said petition shall be deemed withdrawn unless a request for a hearing On the petition has been made by counsel for Kathleen D. Keating, Esquire, by motion within two days of the certification of election results in the above-captioned matter by the Cumberland County Board of Elections. By the Court, ~n A. Abom, Esquire Abom & Kutulakis, LLP 36 S. Hanover Street Carlisle, PA 17013 For Kathleen D. Keating ~lor P. Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 For Jessica Becker Rhoades J. L/ ~~ard L. Schorpp, Esquire . Cumberland County Solicitor Commissioner's office 1 Courthouse Square Carlisle, PA 17013 ,:-' , ., ., . / ~. vKathleen D. Keating, Esquire 529 Bosler Drive Carlisle, PA 17013 ~sica Becker Rhoades, Esquire Office of the Public Defender 1 Courthouse Square Carlisle, PA 17013 ~il McDermott 427 West Simpson Street Mechanicsburg, PA 17055 ~tor P. Stabile, Esquire 112 Market Street, Suite 800 Harrisburg, PA 17101 :mae "- ) lJ..-()5 -OS . ~ IN RE: ELECTION OF MAGISTERIAL: DISTRICT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-6090 CIVIL TERM IN RE: PETITIONS FOR A RECOUNT OF MUNICIPAL BALLOTS WITHIN ELECTION DISTRICTS OF CARLISLE BOROUGH, FIRST WARD, FIRST PRECINCT; FIRST WARD, SECOND PRECINCT; SECOND WARD; THIRD WARD, FIRST PRECINCT; THIRD WARD, SECOND PRECINCT; THIRD WARD, THIRD PRECINCT; FOURTH WARD, FIRST PRECINCT; FOURTH WARD, SECOND PRECINCT; AND FIFTH WARD ORDER OF COURT AND NOW, this 2nd day of December, 2005, upon consideration of the within petitions, the Cumberland County Board of Elections is hereby ordered to conduct a hand recount of the ballots cast in the municipal election for the Office of Magisterial District Judge, Magisterial District 09-2-02, said recount to commence within 5 days of today's date and to proceed with all deliberate speed. In the conduct of the said recount, the Board of Elections shall observe the following: 1. The recount shall take place in the central tabulation area of the Old Cumberland County Prison, East High Street, Carlisle, Pennsylvania. 2. At such recount, Republican candidate Kathleen D. Keating and Democratic candidate Jessica Becker Rhoades shall be entitled to be present in the central tabulating area, in person or by proxy duly authorized in writing, to observe, view, and hear the entire proceedings. 3. At such recount, counsel for Republican candidate Kathleen D. Keating and counsel for Democratic candidate Jessica Becker Rhoades shall be entitled to be present r~ ~J i< ,.) 1-- '. in the central tabulating area to observe, view, and hear the entire proceedings. 4. The Chairpersons of the Cumberland County Republican and Democratic Parties shall be entitled to send two representatives each to be present at the recount. 5. Members of the public and media shall be permitted on the second floor to observe and hear the entire proceedings; and 6. The Cumberland County Board of Elections shall provide reasonable notice to counsel for the candidates of the time of commencement of the recount. ~ward L. Schorpp, Esquire Cumberland County Solicitor Commissioner's office 1 Courthouse Square Carlisle, PA 17013 ~il McDermott ~~7 West Simpson Street Mechanicsburg, PA 17055 ~ctor P. Stabile, Esquire 112 Market Street, Suite 800 Harrisburg, PA 17101 *2:<" .~ L ,,/i ,r ,~hn A. Abom, Esquire vib~m & Kutulakis, LLP 36 S. Hanover Street Carlisle, PA 17013 For Kathleen D. Keating ~ylor P. Andrews, Esquire v08 West Pomfret Street Carlisle, PA 17013 For Jessica Becker Rhoades K~hleen D. Keating, Li29 Bosler Drive Carlisle, PA 17013 Esquire ~ssica Becker Rhoades, Esquire ~ffice of the Public Defender 1 Courthouse Square Carlisle, PA 17013 :mae By the Court, IN RE: ELECTION OF MAGISTERIAL DISTRCIT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-6090-- Civil Tem1 REPORT OF THE CUMBERLAND COUNTY BOARD OF ELECTIONS AND MOTION FOR CONFIRMATION OF RECANV ASS OF VOTES And Now, comes the Cumberland County Board of Elections, through its Solicitor, Edward L Schorpp, Esquire, and states the following: 1. This matter concerns the 2005 election for Magisterial District Judge for Magisterial District 09-2-02, Carlisle Borough, Cumberland County. 2. The official canvass of the Return Board recorded: A. 1703 votes for Jessica Becker Rhoades B. 1701 votes for Kathy Keating 3. Petitions for recanvass were filed on behalf of candidate Kathy Keating, aka Kathleen D. Keating, and were accompanied by a deposit of cash or security pursuant to the Election Code, 25 P.S. 3261, in the total amount of$450.00. 4. On December 2, 2005, this Court entered an Order directing the Board of Elections to conduct a recount by hand of the vote. 5. The time and place of the recanvass was set for 9:00 a.m., December 6,2005, at the Cumberland County Board of Elections, 37 E. High Street, Carlisle, PA. 6. All candidates for Magisterial District Judge for Magisterial District 09-2-02, and other authorized persons, received notice of the time and place ofthe recanvass. 7. In addition to the hand recount, the Board of Elections, in agreement with the candidates, conducted an electronic recount for said office. 8. The recanvass commenced as scheduled and proceeded to conclusion with all reasonable dispatch. 9. The recanvass determined that a total of 3508 ballots were cast in Magisterial District 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. \ 10. The results of the hand count were: A. 1703 votes for Jessica Becker Rhoades B. 1701 votes for Kathy Keating II. The results of the electronic count were: A. 1703 votes for Jessica Becker Rhoades B. 1701 votes for Kathy Keating 12. The court ordered recount concluded: A. 1703 votes by electronic tabulation and 1703 by hal1d count, for Jessica Becker Rhoades. B. 1701 votes by electronic tabulation and 1701 by hand count, for Kathy Keating. 13. The recount did not result in any vote discrepancy for either candidate. 14. No fraud or substantial error was discovered, nor did the recount affect the results of the election for Magisterial District Judge for Magisterial District 09-2-02. 15. In accordance with Section 3261(e) of the Election Code, 25 P.S. 3261 (e), upon certi fication of this Court that no fraud or substantial error was discovered, the Prothonotary shall pay the $450 security, as deposited with him, to the County Treasurer. WHEREFORE, the Cumberland County Board of Elections prays that this Honorable Court: (a) Direct that the sum of $450 deposited on behalf of Kathy Keating, aka Kathleen D. Keating, under Section 3261 of the Election Code, 25 P.S. 3261, be paid to the County. (b) Direct the Board of Elections to certify the election for the office of Magisterial District Judge for Magisterial District 09-2-02. Date: /?-/c2-~ \ CERTIFICATE OF SERVICE I hcreby certify that I have this day served a true copy of the Report of the Cumberland County Board of Elections and Motion for Confirmation ofRecanvass of Votes upon the participants listed below: SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: John A. Abom, Esquire Abom & Kutulakis, LLP For Kathleen D. Keating 36 S. Hanover Street Carlisle, P A 17013 Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, P A Jessica B. Rhoades, Esquire Office of the Public Defender I Courthouse Square Carlisle, P A Dated this 12th day of December, 2005. /.l ~G~~ et A. Walter, Paralegal L- olicitor's Office One Courthouse Square Carlisle, PA 17013 ')..- . DEe 1 2. 1~~'j0''\ IN RE: ELECTION OF MAGISTERIAL DISTRCIT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A NO. 05-6090-- Civil Term \t. And now this \2 day of December, 2005, upon consideration of the above captioned ORDER Petition and Motion for Confirmation of recanvass of vote for the office of Magisterial District Judge for Magisterial District 09-2-02, Carlisle Borough, Cumberland County is ordered and decreed that: 1. The recanvass of the ballots cast for the office of Magisterial District Judge for Magisterial District 09-2-02 resulted in the following: Jessica Becker Rhoades 1703 Kathy Keating 1701 2. The Court certifies that no fraud or substantial error was discovered. 3. In accordance with Section 3261(e) of the Election Code, 25 P.S. 3261(e), the Prothonotary is directed to pay the sum deposited with him pursuant to said Petition to the County Treasurer. 4. The Court directs the Board of Elections to certify the election for the office of Magisterial District Judge for Magisterial District 09-2-02, Carlisle Borough, Cumberland County. ([ ?J' cP l\ / \ \1 (" n ,r \ cjv -I) \ _.j I ',J. .. 10. The results of the hand count were: A. 1703 votes for Jessica Becker Rhoades B. 1701 votes for Kathy Keating 11. The results of the electronic count were: A. 1703 votes for Jessica Becker Rhoades B. 1701 votes for Kathy Keating 12. The court ordered recount concluded: A. 1703 votes by electronic tabulation and 1703 by hand count, for Jessica Becker Rhoades. B. 1701 votes by electronic tabulation and 1701 by hand count, for Kathy Keating. 13. The recount did not result in any vote discrepancy for either candidate. 14. No fraud or substantial error was discovered, nor did the recount affect the results of the election for Magisterial District Judge for Magisterial District 09-2-02. 15. In accordance with Section 3261(e) of the Election Code, 25 P.S. 3261(e), upon certification of this Court that no fraud or substantial error was discovered, the Prothonotary shall pay the $450 security, as deposited with him, to the County Treasurer. WHEREFORE, the Cumberland County Board of Elections prays that this Honorable Court: (a) Direct that the sum of$450 deposited on behalf of Kathy Keating, aka Kathleen D. Keating, under Section 3261 of the Election Code, 25 P.S. 3261, be paid to the County. (b) Direct the Board of Elections to certify the election for the office of Magisterial District Judge for Magisterial District 09-2-02. Respectfully submitted, ~~~ Edward L. Schorpp Solicitor to the Board of Elections Date: /?-/,;;-~ . / ., , IN RE: ELECTION OF MAGISTERIAL DISTRCIT JUDGE FOR MAGISTERIAL DISTRICT 09-2-02, CARLISLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-6090-- Civil Term r'" , -- ~) c..P :--:-J REPORT OF THE CUMBERLAND COUNTY BOARD OF ELECTIONS AND t::C MOTION FOR CONFIRMATION OF RECANV ASS OF VOTES' rv And Now, comes the Cumberland County Board of Elections, through its Solicitor, Edward L. Schorpp, Esquire, and states the following: 1. This matter concerns the 2005 election for Magisterial District Judge for Magisterial District 09-2-02, Carlisle Borough, Cumberland County. 2. The official canvass of the Return Board recorded: A. 1703 votes for Jessica Becker Rhoades B. 1701 votes for Kathy Keating 3. Petitions for recanvass were filed on behalf of candidate Kathy Keating, aka Kathleen D. Keating, and were accompanied by a deposit of cash or security pursuant to the Election Code, 25 P.S. 3261, in the total amount of $450.00. 4. On December 2,2005, this Court entered an Order directing the Board of Elections to conduct a recount by hand of the vote. 5. The time and place of the recanvass was set for 9:00 a.m., December 6, 2005, at the Cumberland County Board of Elections, 37 E. High Street, Carlisle, P A. 6. All candidates for Magisterial District Judge for Magisterial District 09-2-02, and other authorized persons, received notice ofthe time and place of the recanvass. 7. In addition to the hand recount, the Board of Elections, in agreement with the candidates, conducted an electronic recount for said office. 8. The recanvass commenced as scheduled and proceeded to conclusion with all reasonable dispatch. 9. The recanvass determined that a total of3508 ballots were cast in Magisterial District 09-2-02, which encompasses the nine election districts within the Borough of Carlisle, Cumberland County, Pennsylvania. '. . . ' CERTIFICATE OF SERVICE I hereby certify that I have this day served a true copy of the Report ofthe Cumberland County Board of Elections and Motion for Confirmation ofRecanvass of Votes upon the participants listed below: SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Jolm A. Abom, Esquire Abom & Kutulakis, LLP For Kathleen D. Keating 36 S. Hanover Street Carlisle, P A 17013 Kathleen D. Keating, Esquire 529 Bosler Drive Carlisle, P A Jessica B. Rhoades, Esquire Office of the Public Defender I Courthouse Square Carlisle, P A Dated this 12'h day of December, 2005. ~1- 4/Qd'~ et A. Walter, Paralegal olicitor's Office One Courthouse Square Carlisle, PA 17013