McMahon rules on “county-wide” terminology in candidate petitions

RIDGWAY - Elk County President Judge Shawn McMahon presided over a hearing Wednesday afternoon at the Elk County Courthouse involving the filing of election forms that was brought before the court by Attorney Daniel De Vito, who is running for Elk County District Attorney.

De Vito, serving as his own attorney during the hearing, contended that current Elk County District Attorney, Beau Grove had not used the proper wording when filing his election petitions for the 2023 election with the Elk County Elections office. He contended that Grove writing in the term “countywide” written in the section of the petitions’ preamble was defective and was misleading to electors.

As the first witness, Elk County Elections Director, Kimberly Frey explained that all candidates are invited to Candidates’ Night to view a Powerpoint presentation about how to fill out the petition, the fees for filing with the elections office and the deadlines for filing.

Frey said that during the Candidate Night event, she explained to candidates that they could fill out the preamble portion of petition with the term “countywide” if they were running for a county office.

When on the stand, Grove said he wrote down those instructions related to the candidates on the copies of the Powerpoint presentation they were given.

Grove’s Attorney Chris Mahoney asked Frey if when Grove filed his election petitions if she rejected or returned any of the paperwork. She said she did not.

Two other witnesses, Elk County Commissioner Fritz Lecker and Elk County Prothonotary and Clerk of Courts Susanne Straub Schneider, both of whom are also running for reelection, said they also wrote “county-wide” on the election petition as instructed.

However, Lecker added during her testimony that during the Candidates’ Night, she questioned if “county-wide” was the appropriate terminology because she did not remember using that term in her previous run for county commissioner. She said Frey reassured all that it was fine to use that term.

Mahoney contended that there was nothing misleading in using the term “county-wide” and that De Vito was merely attempting to have

Grove removed from the ballot.

“This is an attempt to knock out a candidate that people want on the ballot.” Mahoney said. “There is nothing misleading about the words ‘county-wide’ that would affect a person’s decision. How ‘county-wide’ could be misleading is illogical.”

De Vito contended that the law is very clear as stated by the Secretary of the Commonwealth and that candidates must follow the law as described stating specific political districts.

“The statute is clear. The form itself is clear. County-wide is not a political district,” De Vito said.

At the end of the hearing, Judge McMahon said the term “countywide” was apparently a “customary practice” used by the Elk County Elections office as was evidenced by other candidates that testified. He said he didn’t believe Grove used the term to be misleading and didn’t find the term to be a defect and didn’t require an amendment to be filed with the elections office.

However, McMahon is requiring Grove to file an affidavit with the elections office that his political subdivision is “County of Elk.”