Nov 13, 2015 6 min read

Commissioner Harlan Shober, known for his equanimity, reacted with uncharacteristic chagrin Friday when Washington County Election Board Chairman Bradley Bassi announced the final ballots in the tight race for a seat on the commission would not be counted Friday.

Shober, seated at a conference table, threw up his hands and exclaimed, “You’re not going to count the ballots? Let’s just get this over with.”

Bassi informed Shober of the situation before the board deliberated on the fate of 35 provisional ballots in a race where 38 votes separate the Democratic incumbent and his Republican challenger, Mike McCormick.

The earliest provisional ballots in the contest for the third seat on Washington County Commission could be counted is next week, and that’s if no one appeals to Common Pleas Court. The two-day appeal period expires at the close of the courthouse Monday, and if no appeal is filed, the count of 17 provisional ballots is scheduled for 9:15 a.m. Tuesday in the elections office.

Shober said Friday he does not plan any court appeal of the election board’s ruling, which deemed 17 of the 35 ballots valid. “Another weekend goes by,” said Shober, whose political fate has hung in the balance since Nov. 3. “People are wanting to know the answers. I’m ready to move on and do my job.”

McCormick, trailing in the race, was reached by phone during a stop in his travels Friday. He said did not have the opportunity to speak with David Ball, his campaign chairman, or attorney Bob Salera, who represented him at the election board hearing.

“I really don’t have anything definitive at this particular point in time,” McCormick said, noting he has not ruled out a petition for a recount.

Beside the candidates, any “aggrieved party” – including a potential voter – could appeal to a judge the election board’s decision.

Bassi also announced 18 provisionals should be left untabulated because the ballot envelope or the accompanying affidavit was not signed by the voter; a provisional ballot envelope did not contain a secrecy envelope; or, in one case, the voter was not registered in Washington County.

Instructions accompanying the provisional ballot note the requirement for the voter’s signature, and the secrecy envelope is used to ensure no one tampers with the ballot.

If a ballot had deficiencies attributable to a member of the local polling board, Bassi said this was not held against the voter. The elections office was able to contact or leave messages for all but one provisional voter whose ballot was being challenged. Several replied to the elections office by email and three people testified Friday before the election board about the circumstances surrounding their casting of provisional ballots.

Mary Ellen West of Canton Township, told the board she “wasn’t comfortable” with the display on the touchscreen voting machine’s summary page, and she therefore did not cast her ballot.

She asked for clarification from members of the local board, but described them as “confused.” They called a troubleshooter who was unable to answer questions. Because of the amount of time that elapsed, the voter access card popped out of the machine. West tried another machine, which gave her an identical result, so she was given a provisional ballot which was placed in a large envelope, but not in the required security envelope that is also sealed. “I felt that day this was going to be a problem,” she told members of the court- appointed board Friday. “I’m very disturbed about it. This is an important right for me. I hope you can work out those issues.”

West seemed to be satisfied about the explanation she was given about the touchscreen machine’s display, which apparently accurately reflected what is known as an “under vote” when one chooses fewer candidates than the maximum number allowed for any given race.

Wes Parry, assistant elections director, said his office will notify disqualified voters of the board’s decision to exclude their ballots.

Christopher and Rita Smith of North Franklin Township said they moved to their Redtail Hollow address in September and updated this with the elections office, but the electronic poll book did not reflect the information. Their votes will be counted, board member William Knestrick said.

“I think we’ve unearthed a few polling issues that need to be addressed over time,” Bassi said.

Provisional ballots, an outgrowth of the hotly disputed presidential race between George W. Bush and Al Gore in 2000, came into being with the Help America Vote Act, which was implemented during the next presidential election, and Bassi said there is no case law in Pennsylvania about their use.

“We more or less took a strict interpretation under this statute,” Bassi said after the board concluded its hearing, which began Tuesday, calling the decisions “almost a virgin interpretation of law.” Board member Kathleen Gustine interjected, “Without disenfranchising the voters.”

The commissioners constitute the election board except for years in which they are running, so members of the board were appointed by President Judge Katherine B. Emery. All are attorneys, and they serve without compensation.

County Solicitor J. Lynn DeHaven complimented the trio, saying they “did a wonderful job. The citizens of Washington County are lucky to have them. I think this whole process did Washington County proud.”

This is the first time provisional ballots are a significant factor in a countywide race in Washington County. The candidates chose not to challenge 74 provisional ballots, and those were counted Monday, increasing Shober’s lead over McCormick, which was 36 after the count of absentee ballots, by two.

McCormick held a 67-vote edge election night, but those results did not include 800-some absentee ballots that were cast.

Candidates have a right to challenge provisional ballots, and the election board would be the first to rule on the validity of those ballots. At the precinct level, an elections official can give a prospective voter a provisional ballot if his or her name does not appear on the rolls of registered voters. If further research deems the voter eligible, and the circumstances for which it was issued meet the legal requirements, the ballot can be counted.

It was revealed Monday one ballot was issued so a voter could “add” to his choices, presumably cast on a touchscreen machine. This scenario is not covered by the Help America Vote Act because there is no way to determine in which races and for how many candidates the voter already had cast a ballot electronically.

Democrat Larry Maggi and Republican Diana Irey Vaughan, both incumbents, secured seats on the county commission and will take office in January 2016. Shober, a former Chartiers Township supervisor and Chartiers-Houston School Board member, sought election this year to a second, four-year term on the board. A county commissioner’s salary in Washington County is about $83,000.

Those casting ballots in the commission race have the opportunity to vote for two candidates, and the three top vote-getters are seated to guarantee minority-party representation on the board.

McCormick, a Peters Township resident, hoped to return a Republican majority to the board for the first time since 1999.