The Morning Call

Luzerne County sued over paper shortage during Nov. 8 election

- By James Halpin

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.

 ?? JOHN HAEGER/AP ?? Pennsylvan­ia’s Congressio­nal 8th district candidate Jim Bognet has sued the Luzerne County Board of Elections citing “experience­s” of voters on Election Day.
JOHN HAEGER/AP Pennsylvan­ia’s Congressio­nal 8th district candidate Jim Bognet has sued the Luzerne County Board of Elections citing “experience­s” of voters on Election Day.

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