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HomeMy WebLinkAbout05-6248 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: THE COMPUTATION AND CANVASSING OF THE BALLOTS CAST FOR THE BOARD OF COMMISSIONERS OF : LOWER ALLEN TOWNSHIP ON NOVEMBER 8, 2005 ELECTION CODE APPEAL PURSUANT TO 25 P.S. ~3157 NO. O!:'. (, .J-'f F Cu:J-r:;.- APPEAL OF THE DECISION OF DECEMBER 1, 2005 OF THE COUNTY BOARD OF ELECTIONS REGADlNG THE CERTIFICATION OF VOTES FOR SEATS ON THE BOARD OF COMMISSIONERS OF LOWER ALLEN TOWNSHIP AND NOW, comes the Appellant, Peddrick M. Young, Sr. ("Appellant" or "Young"), and files the following appeal of the December I, 2005, decision of the Cumberland County Board of Elections ("Board") pursuant to 25 P.S. 93157, and in support thereof avers as follows: 1. On November 8, 2005, an election was held in Lower Allen Township, Cumberland County, P A., for, inter alia, two seats on the Lower Allen Township Board of Commissioners (the "Election"). 2. Appellant Young was on the ballot as a Republican running for one of the two seats for the office of Township Commissioner. 3. At the conclusion of the Election the unofficial returns showed that Young and another candidate, Richard F. Schin, had tied for the office of Commissioner with each receiving 1721 votes. The third candidate Dan Christ finished with 1894 votes. 4. Pursuant to 25 P.S. 93154, on Monday November 14,2005, the County Bureau of Elections ("Bureau") commenced the computation and canvassing of the returns. I 23598_1 5. In the course offulfilling its responsibilities under section 3154, it was noted that in Lower Allen Precinct 6, one (I) more vote had been cast than the total number of voters who had voted in that precinct on Election day. 6. On Wednesday November 30, 2005, this discrepancy in the Lower Allen Precinct 6 was reported to the Board, who then ordered that Lower Allen Precinct 6 be recounted to verify the vote and/or discrepancy which was reported to the Board by the Bureau. 7. On Thursday December 1, 2005, the Bureau reported back to the Board that a recanvassing of the Lower Allen Precinct 6 ballots had been completed, and as before, it determined that one more vote had been cast in that precinct than those who registered to vote in that precinct on Election day. 8. It was further determined in the recount of Lower Allen Precinct 6 that the vote totals were as follows: Dan Christ 320 Richard F. Schin 359 PeddrickM. Young, Sr. 375 9. In response to this report, the Board on Thursday November 30, 2005, moved and voted to take the following action: a. to deduct one vote from Dan Christ as the high vote getter so that the records of the Bureau would reflect 1893 votes for Mr. Christ; b. to record a total of 1721 votes each for Peddrick M. Young, Sr., and for Richard F. Schin; c. to exclude the poll of Lower Allen Township Precinct 6 on the basis of palpable error; and d. to direct the Elections manager to report the facts of the matter to the District Attorney of Cumberland County. 2 23598_1 10. The Board further indicated that as a result of its action it would not certify for election any candidate for the second Commissioner seat in Lower Allen Township. 11. Section 3154 provides that in the discretion of the return board, the poll of an election district may be excluded where it is determined that more ballots than the number of voters who voted appear from a recount. 12. Any person who is aggrieved by an order of any county board regarding the computation or recanvassing of the returns of an election may under 25 P.S. 93157, appeal to the court of common pleas setting forth why the aggrieved person believes an inj ustice has been done, and to ask for such order as will give him relief. 13. In response to any appeal filed, the court may make any decree as right andjustice may require. See 25 P.S. 93157(b). 14. The Appellant Young is a person aggrieved by the decision and order of the Board dated December I, 2005. 15. The Appellant Young respectfully suggests that the Board abused its discretion in ordering that the entire vote of the Lower Allen Precinct 6 be excluded from the election for Commissioner in that Township for, inter alia, the following reasons: a. that an error of one vote in a precinct that cast 1054 votes does not justify the elimination of all votes cast in that precinct; b. that the exclusion of an entire precinct's votes over a single vote discrepancy unfairly disenfranchises the voters of that election precinct who should have the right to have their votes counted; c. that the exclusion of an entire voting precinct over a single vote is not justified where it cannot be determined that the overcast vote was the product of any foul play or election fraud; d. that the exclusion of an entire voting precinct over a single vote is not justified where it is entirely possible that the extra vote cast could have 3 23598_1 been the result of an oversight of the election officials working Lower Allen Precinct 6 on Election day; e. that the exclusion of all votes in Lower Allen Precinct 6 was not necessary where the Board first exercised its discretion to eliminate a single vote from the highest vote getter in that precinct; f. that the exclusion of all votes in Lower Allen 6 after eliminating a single vote from the highest vote getter overly compensated for and punished the voters in Lower Allen 6; and g. that not certifying any candidate for election for the second seat for Township Commissioner further disenfranchises all the voters in Lower Allen Township who have the right to have their votes counted. 16. The Appellant respectfully suggests that a more appropriate exercise of discretion by the Board would have been either to declare Young the winner, as he had the highest number of votes in Lower Allen 6 and thus, more accurately represented the choice of the voters in that election district. 17. By this appeal, the Appellant does not waive his right to file a recount/recanvass petition or an election contest as provided for under the Election Code. WHEREFORE, the Appellant prays that this Court enter an order reversing and vacating the decision of the Board entered on December 1,2005, with respect to the race for the second seat for Commissioner of Lower Allen Township and instead, decree that the Board enter an order certifying Appellant Young to be the winner for the second Commissioner seat in Lower Allen Township. 4 23598_1 Dated: December 4, 2005 23598_1 Resp()ctfully submitted, Victor P. Sta , E q. Dilworth Paxson LLP 112 Market Street, 8th Fl. Harrisburg, P A 17101 (717) 236-4812 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA IN RE: THE COMPUTATION AND CANVASSING OF THE BALLOTS CAST FOR THE BOARD OF COMMISSIONERS OF : LOWER ALLEN TOWNSHIP ON NOVEMBER 8, 2005 ELECTION CODE APPEAL NO. VERIFICATION Subject to the penalties for falsification to authorities prescribed by 18 Pa. c.s. 94904, I hereby certify that the facts stated in the foregoing are true and correct to the best of my personal knowledge, information and belief. 0~l~:f) /1/l. Peddrick M. Y oung,Sr. (J~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. On this, the 5th day of December, 2005, before me, a Notary Public, the undersigned Officer, personally appeared, Peddrick M. Young, Sr., known to me (satisfactorily proven) to be the person(s) whose name [is, are] subscribed to the within instrument, and acknowledged that [he, she, they] executed the same for the purposes therein contained. I hereunto set my hand and official seal. 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