The Luzerne County state House race that won’t end will last a little while longer.
A state Supreme Court ruling Thursday all but ended state Rep. Mike Cabell’s hopes of winning the official count in the Republican primary election contest against challenger Jamie Walsh, who leads the 117th House District race by five votes.
Walsh leads Cabell by five votes in the 117th House District race, 4,735 to 4,730. The primary election was April 23, but challenges to ballots and court appeals have delayed an outcome.
One other court appeal remains unresolved. Resolving it won’t change the results, but Cabell can still ask for a recount after the appeals end.
Cabell and his lawyer did not respond to requests for comment.
Last week, the Supreme Court declined to review a Commonwealth Court ruling that means the Luzerne County Board of Elections and Registration doesn't have to review 22 write-in ballots and count any votes cast. The Commonwealth Court upheld a Luzerne County Court ruling that agreed with the elections board’s decision.
Citing state law, the board and the lower courts decided write-in votes can’t count if the candidate’s name is already on the ballot, as Cabell’s and Walsh’s were.
Walsh continues to appeal the status of two provisional and six mail-in ballots. Voters whose eligibility is questioned cast provisional ballots on Election Day, and elections officials determine eligibility later.
In the provisional case, the Commonwealth Court overturned a county ruling and said a vote cast by Cabell’s cousin should count while one cast by a voter who testified to backing Walsh should not. The board hasn’t counted either.
The Supreme Court agreed Wednesday to hear Walsh’s appeal of that ruling. If the court rules for Walsh, the final tally wouldn’t change the tally because Walsh would gain one vote and Cabell would lose one.
On Monday, the court decided against hearing the mail-in ballot appeal. In that one, Walsh wants the six votes removed from the final count. He got two, Cabell got four.
All six are already included in the current totals.
