At least one batch of disputed ballots will count in a Republican state representative race in Luzerne County.
Three county judges ruled Thursday the county Board of Elections and Registration legitimately counted 111 mail-in ballots. They include six mail-ins in the hotly contested 117th House District race.
With the ruling, gutter installation company owner Jamie Walsh’s lead over state Rep. Mike Cabell remains three votes, 4,728 to 4,725. Cabell picked up a vote Tuesday when the elections board ruled a partially shaded bubble was voted for him. If the court threw out the six mail-in ballots, Walsh would lead by five.
Walsh wanted the court to throw out the six mail-in ballots because voters did not write the “24” of the current year in a blank that follows the pre-printed “20” on the back of a mail-in return envelope.
A board of elections lawyer contended Walsh appealed the board’s decision to count the ballots too late. The judges did not rule on that, but simply said the board “properly accepted the 111 mail-in ballots.”
“To do otherwise would disenfranchise these Pennsylvania voters,” the court said.
Three judges are expected to hear arguments Thursday on appeals involving two other batches of votes.
Cabell wants the court to order election officials to review 22 write-in votes cast in the race and add to his total any votes that reflect "a clear intent" to vote for him.
The board rejected the votes, contending state law forbids counting write-ins for a candidate like Cabell, whose named was pre-printed on ballots.
Cabell also wants the court to block the board from counting one of 13 provisional ballots and to order the board to count a provisional ballot it rejected. The candidates agree the board should count the other 12 provisionals.
Who the 14 voters voted for is unknown because the elections board hasn’t opened the provisional ballots. Election rules allow someone to cast a provisional ballot when the person's eligibility to vote is in doubt. Election boards determine eligibility during official counts later.
In all, 36 votes remain uncounted, in dispute or both.
