Jamie Walsh declares victory but Mike Cabell says tallying not over

Jamie Walsh declared his victory over Mike Cabell in the Republican race for state representative in the 117th District Friday morning after Walsh’s unofficial lead expanded to five votes.

But Cabell issued a statement Friday afternoon indicating the race is not yet over.

The updated results stemmed from the Luzerne County Election Board’s Friday processing of 12 provisional ballots that had been segregated due to April 23 primary election challenges. Both candidates agreed the 12 could be opened because they were no longer contested.

“I just feel elated. I’m glad that the process is over, and I’m thankful the election board, election bureau and office of law did their due diligence and took their time,” Walsh said.

He added: “I am excited for this big win, and I cannot wait to represent the people of the 117th District in Harrisburg.”

In his Friday afternoon statement, Cabell said a decision on the tallying of two more provisional ballots is still pending due to Walsh’s appeal to the Pennsylvania Supreme Court.

Additionally, Cabell said he also is moving forward with an appeal to the state Supreme Court seeking the tallying of write-in votes, if any, in the race.

He also is considering filing a petition seeking a recount “to ensure every vote is accurately counted and every voice is heard.”

“We believe in the democratic process and the importance of ensuring the integrity of our elections. Our team will continue to work diligently to ensure that the final result reflects the true will of the voters,” Cabell said. “Thank you for your continued support and patience as we navigate this critical process.”

Cabell said his campaign “remains steadfast in pursuing a fair and accurate election result.”

Friday tally

Walsh picked up seven votes Friday, while Cabell received five more.

Before Friday’s update, Walsh had a three-vote lead. Their unofficial vote counts were 4,728 for Walsh and 4,725 for Cabell.

The update revised their tallies to the following: Walsh, 4,735, and Cabell, 4,730.

The status of two more provisional ballots remains in limbo due to a Pennsylvania Supreme Court appeal filed by Walsh. The state Supreme Court has discretion over whether it agrees to take on the case.

Walsh is contesting a Commonwealth Court decision that granted Cabell’s appeal to count a Butler Township ballot cast by Cabell’s cousin, Shane O’Donnell, and reject a ballot cast by Lake Township voter Timothy J. Wagner.

It’s expected O’Donnell’s vote was for Cabell, while Wagner has stated he selected Walsh.

If Cabell’s Commonwealth Court ruling stands, he likely would gain a vote, reducing Walsh’s unofficial lead to four votes.

In the other scenario, Walsh’s lead likely would rise to six votes if he prevails at the state Supreme Court level.

Write-ins

Commonwealth Court had denied Cabell’s appeal seeking to force the county election board to itemize 22 write-in votes in the Republican 117th District race and credit him with any cast for him.

Since these votes were not broken down, it’s unclear if any Republicans wrote the names of Cabell or Walsh.

The election board has long held the position the law allows voters to select someone named on the ballot or write in the name of someone else.

Cabell’s attorneys argued the board’s refusal to review and cumulate write-in votes must be reversed because that decision goes against a Pennsylvania Supreme Court opinion’s “unmistakable holding.”

The county election board’s legal counsel said the tallying of write-in votes for a person whose name already appears on the ballot as a candidate is not permitted by the state Election Code and standards adopted by the Voting Standards Development Board that have the “force and effect of law.”

Both a county Court of Common Pleas panel and Commonwealth Court panel agreed with the county election board.

Six mail ballots

Walsh also has until Monday if he chooses to challenge the Commonwealth Court’s denial of his request to throw out six mail ballots that already were tallied because the voters did not fill in the last two digits of the year on the outer envelope. Most of those six votes were for Cabell.

The 12 provisional ballots tallied Friday were in limbo because Walsh initially objected to the election board’s decision to process them.

Walsh’s original objections to these ballots included outer envelope issues associated with stickers for voters to track their ballots and unchecked party affiliation boxes. Walsh’s attorney withdrew a few objections during a May 3 election board hearing, and Walsh did not appeal any of the board’s decisions to accept this batch to the county Court of Common Pleas.

During Friday’s board session, Walsh said tallying the 12 ballots sooner could have prevented appeals and saved both campaigns tens of thousands of dollars in legal fees in addition to county legal expenses.

But county Assistant Solicitor Gene Molino clarified that state law forces the board to wait when candidates file initial challenges.

“This wasn’t discretionary,” Molino said.

He cited the applicable section of law: “Pending the final determination of all appeals, the county board shall suspend any action in canvassing and computing all challenged provisional ballots irrespective of whether or not an appeal was taken from the county board’s decision.”

Molino said he had to emphasize this point so nobody is wrongly led to believe the board chose on its own to delay tallying to “keep people in the dark.”

Even though Walsh’s appeal to the state Supreme Court was still pending Friday, the board was able to proceed because both candidates provided stipulations that they supported tallying of the 12 and had no outstanding objections, Molino said.

Walsh thanked Molino for the clarification.

The current battle over the Republican nomination is essentially the determination of which candidate will end up serving in the 117th District.

Because no Democratic contenders surfaced in the April 23 primary election, it appears the Republican nominee will be unopposed in the November general.