Luzerne County Council, DA argue they have standing to continue election timing suit

In a court filing Thursday, Luzerne County Council and County District Attorney Sam Sanguedolce argued they have legal standing to file litigation challenging the county Election Board’s decision to hold the DA election Nov. 2.

The five-citizen volunteer election board had argued earlier this month the litigation should be dismissed because council and Sanguedolce don’t have that authority.

In new separate filings, council and the DA explained why they believe the court should overrule the election board’s preliminary objection regarding a lack of standing.

The election board has maintained council, as the legislative branch, is limited to approving or rejecting the county manager’s recommendations on initiating or ending litigation in the county’s name, and the manager never recommended filing an action against the board.

Thursday’s council response said nothing in the county’s home rule charter “limits county council’s authority to otherwise engage in litigation in the name of Luzerne County or County Council.” It added that the charter states council shall have all “necessary, inherent, implied and incidental powers” to carry out its duties and functions under the charter and other applicable law.

Relating to Sanguedolce, the election board had argued Sanguedolce cannot pursue the action in his official capacity because the DA’s Office’s as an entity will always have a leader and “has no interest in whether an election is held in November 2021 to fill that office.” It said Sanguedolce may have a personal interest but is not filing in his personal capacity.

Sanguedolce’s response Thursday said he brought the action in his official capacity to ensure another county government body does not “infringe upon his independent office, diminish his authority and impermissibly cut short the length of his constitutional term.”

As the current office holder, Sanguedolce has “a significant and palpable interest in ensuring that the powers of his office are not eroded by the Luzerne County Board of Elections and other county officers,” it said. Interfering with and “invading” the sitting DA’s term “undoubtedly diminishes” Sanguedolce’s powers as DA and “interrupts the consistency in succession for officeholders” intended by state law, it said.

Council and Sanguedolce filed the litigation against the board in county court last month, asserting the race should not be on the ballot until 2023 with an elected term of four years.

It stems from conflicting interpretations on what must happen now that Sanguedolce is filling the seat vacated by prior DA Stefanie Salavantis.

An election board majority concluded new state legislation requires the seat to be on the ballot this November for a two-year term. The county’s Democrat and Republican party organizations each had the option to designate a candidate to appear on the ballot. Republicans picked Sanguedolce, and Democrats were unable to come up with a nominee, citing potential contenders’ unwillingness to commit in such a short window amid the uncertainty of the still-pending legal dispute.

The new state statute says the first assistant DA serves “until the first Monday in January following the next municipal election occurring not less than 90 days after the occurrence of the vacancy.”

The election board’s legal position is that the new statute requires the race to be on the ballot this November because it is the next municipal election.

In contract, council and the DA argue in court the race cannot be on the ballot until the 2023 primary because nominees must be selected through a primary in a municipal election year, and the vacancy came too late for candidates to run in this year’s May primary.

Another joint council/DA filing Thursday again provided legal arguments for a November 2023 election. Regardless of when the next DA election is held — this November or 2023 — it must be for a four-year term, the filing says.

“At a bare minimum, plaintiffs are entitled to a preliminary injunction restraining the Board of Elections from holding an election for the Office of Luzerne County DA on Nov. 2, 2021, for a mere two-year term,” it said.

Adjudication has been assigned to Robert J. Shenkin, a senior judge from Chester County.

All three county parties have retained outside legal counsel: Selingo Guagliardo LLC for the election board, Stevens & Lee for council and Kleinbard LLC for Sanguedolce.