Luzerne County Democratic Committee files court action to place three candidates on Nov. 4 ballot

Luzerne County’s Democratic Committee followed through with a promised court action Tuesday attempting to force the county to add three candidates to the Nov. 4 general election ballot.

The filing in the county Court of Common Pleas stems from county Democratic Chairman Thomas Shubilla’s Friday afternoon request to place three candidates on the ballot due to the deaths of the prior office holders.

The party’s nominees and the seats, which would all be two-year terms: Rose Mary Frati, of Pittston, city treasurer; Anthony Guariglia, of Pittston, city council; and Joseph Timothy Cotter, of Dupont, Pittston Area School Board.

County Election Board Chairwoman Christine Boyle told Shubilla Monday the board approved the ballot Sept. 17 and determined in an executive session Monday that it would not be taking any further action.

County Assistant Solicitor Gene Molino, who represents the election board, said the county Democratic and Republican parties would have been required to submit nominations to the county by Sept. 15, to meet the 5o-day deadline that he said is a requirement.

Because neither party acted on that option before the deadline, Molino said the two Pittston city seats and Pittston Area School Board seat appear on the Nov. 4 ballot with no listed candidates, which means the seats would be filled through write-in selections.

Tuesday’s Democratic party court filing against the election board, prepared by Pittston Attorney Peter J. Butera, cited two relevant court cases that he says require the election code to be “construed liberally” and interpret the 50-day provision as “directory, rather than mandatory.”

Butera’s filing acknowledges the county party is responsible for making nominations but faulted the “glaring inaction” of the election board and election bureau in not responding to or notifying Pittston, the Pittston Area School District or county Democratic Committee about the proper procedure.

According to the filing, Pittston City Administrator Joe Chacke sent county Election Director Emily Cook an email July 21 inquiring about the process to get candidates on the Nov. 4 ballot in the city council position formerly held by Danny Argo, but he received no response.

It said there also were no responses to Chacke’s Aug. 21 letter to the county election board requesting Frati and Guariglia be placed on the ballot.

Pittston Solicitor Sam Falcone also received no response to his Aug. 26 email following up on Chacke’s correspondence. Falcone, who is also the Pittston Area School District, also cited a similar situation with a school board seat in the communication, it said.

The following day, Pittston Area Superintendent Kevin Booth sent a letter to the election board that included a request to place Cotter on the ballot. Falcone also sent Cook an email Aug. 27 containing Booth’s letter and received a response from Cook acknowledging receipt of the email, it said.

An inquiry made after the board approved the ballot Sept. 17 “revealed that these names were intentionally not included because the board determined that the proper procedures were not followed to request that they be put on the ballot,” the filing said.

“Even if the deadline were found to be mandatory rather than directory, allowing the election bureau to confirm receipt of improperly filed nominations without making anyone aware of the errors in filing until after the deadline to nominate has passed is a dangerous precedent that should not be set,” the court filing said.

Pittston Mayor Michael Lombardo had highlighted the unanswered communications in an email to county officials.

After learning the election board would not be reconsidering the matter Monday, Lombardo wrote: “Interesting. If only previous emails could have been answered this timely. Hubris….its a dangerous sword to wield, particularly by a body who has a track record of getting ‘it’ wrong.”

Molino replied to one of Lombardo’s communications indicating that the county cannot provide legal advice to private citizens, municipalities and political parties, which is why Cook has a disclaimer stating this under her email signature line to make it clear the bureau is “not responsible for errors or omissions in filings.”

Molino also told Lombardo the county party was familiar with the requirement for appointing candidates due to prior cases and noted the deaths involved in the three seats at issue occurred on March 28, July 18 and Aug. 2.

Shubilla had said he was not personally made aware of the need to nominate the three candidates until the evening of the election board’s Sept. 17 meeting and that he swiftly moved to submit the names two days later.

After Shubilla publicly disclosed the plans to file the legal action Monday, Rick Morelli, one of the five volunteer election board members, said he wants the public to know that he supported adding the three candidates to the ballot to avoid litigation.

A court hearing on the matter has been scheduled at 2 p.m. Friday.