Luzerne County sued over paper shortage during Nov. 8 election
Citing the “disastrous and chaotic experiences” of voters in Luzerne County on Election Day, congressional hopeful Jim Bognet is suing the Luzerne County Board of Elections to compel elections officials to complete a ballot reconciliation process prior to certifying the results of the election.
Bognet, a Republican vying for the 8th Congressional District seat, has been trailing incumbent Democrat Matt Cartwright by about 7,000 votes. Although major news outlets have called the race for Cartwright, Bognet has not conceded.
The legal action filed in court this week seeks to compel the Bureau of Elections to complete a reconciliation process necessary because of a paper shortage that brought voting to a halt in some districts in the Nov. 8 election.
Attorney Walter S. Zimolong III of Villanova asserts that the board’s failure to ensure an adequate supply of paper — which resulted in a county judge extending voting by two hours on Election Day — impacted “the most sacred and foundational aspect of our democratic process.”
“The Luzerne County Board of Elections’ inadequate preparation for in-person voting at many of its polling places jeopardized that sacred and foundational right, as an untold number of voters were turned away — even in the morning on Election Day — because polling places had no means for voters to cast a ballot,” Zimolong wrote. “When more ballots could not be obtained, some polling
places resorted to generating ballots on copier paper in a last-ditch effort to afford voters with the opportunity to vote.”
According to the suit, the state election code requires election boards to compare the numbered list of voters to the votes cast at the polls and to reconcile any discrepancies that arise.
Failure to do so would “needlessly (cast) even greater doubt about whether the election in Luzerne County was ‘honestly, efficiently, and uniformly conducted,’ ” the suit alleges.
The filing seeks a court order compelling the Board of Elections to complete ballot reconciliation prior to certifying the election results.
Bognet is also asking for an explicit order that the board “may not forego any aspect of the reconciliation process.”
County election officials did not immediately file a response to Bognet’s suit. However, they have said
they planned to have reconciliation complete by 5 p.m. Wednesday and that they are on track to certify results of the election on Monday.
Cartwright did respond to the filing, with an attorney alleging Bognet is a “serial litigant when election matters do not go his way” and asserting that Cartwright has already won re-election.
Attorney Timothy J. Ford, of the Philadelphia law firm Dilworth Paxon, asserts that a delay or denial of the election certification would negatively impact Cartwright’s ability to perform official duties, such as voting for congressional leadership.
Ford seeks the court’s permission to allow Cartwright to file a motion intervening in the matter and requests Bognet’s suit be dismissed because he has failed to show he was negatively affected by the paper shortage.
A judge did not immediately rule on the request.