A Luzerne County primary election state representative race isn’t over, despite what the race leader says.
But a lawyer for the leading candidate, Jamie Walsh, says a ruling on one pending appeal could make two others filed irrelevant.
Walsh, the challenger, leads state Rep. Mike Cabell by five votes — 4,735 to 4,730 — in the 117th House District Republican primary election.
Walsh declared the race over after Luzerne County officials tallied 12 provisional ballots Friday, and his lead increased by two votes.
It’s not over because of pending appeals to the state Supreme Court. Last week, Walsh appealed Commonwealth Court rulings on six-mail-in and two provisional ballots. Cabell appealed another ruling on 22 write-in ballots.
Voters cast provisional ballots if their eligibility is questioned and election officials sort out eligibility later.
Greg Teufel, Walsh’s lawyer, says only Cabell’s appeal over the write-in ballots can alter the outcome for two reasons.
For one, mail-in ballots are already part of the count. For the other, the provisional ballots aren’t part of the count, but even if Cabell got both, he’d still be three votes short.
“So if both those appeals were to go in Cabell’s favor, let's say, it would not change the outcome in his favor … certainly not enough to overcome the deficit,” Teufel said. “But the one case that at least has a theoretical potential to change the outcome in Rep. Cabell’s favor is where there are 22 write-in votes.”
Who received any of the 22 write-in ballots is unknown because election officials haven't counted them. They argue write-in votes can't count if a candidate's name is already on the ballot. The Commonwealth Court agreed with that.
“They (the write-in ballots) could be for Mickey Mouse. They could be for either or both of the candidates. We don't know. But in theory, there could be enough votes there to change the outcome,” Teufel said.
Teufel said the Supreme Court doesn’t have to hear the appeals and has no deadline for deciding. He expects the court to move quickly because counties have to send out mail-in ballots for the fall election in September.
A decision on the write-in ballots alone could end the case, he said.
“The court could dismiss the other two appeals as moot at that point, because they can't change the outcome of the race,” Teufel said.
Once the appeals are over, the race might not be. Cabell can still seek a recount.
The primary winner won’t have Democratic opposition but must still go through the Nov. 5 election to win the seat.
