Dec 14, 2022 3 min read

A judge has rejected requests to recount 13 precincts in Washington County after determining the petitioners alleging “fraud or errors” did not offer specific examples in their individual voting districts.

In her order denying the petitions Monday afternoon, Senior Judge Katherine Emery stated the challengers completed their petitions correctly, but the section of the law in which they claimed general fraud or errors in the races for Pennsylvania governor and/or U.S. senator meant that all precincts in Washington County would have to be recounted.

“Ballots for the Office of Governor and Lieutenant Governor and United States Senator have been cast in every election district in Washington County and every election district in the Commonwealth of Pennsylvania,” Emery wrote in her order. “Therefore, a petition which does not aver a particular act of fraud or error cannot be heard unless a recount petition has been filed in every election district.”

Emery cited a subsection of the Election Code that deals with challenger petitions that states all precincts must be recounted when “no particular act of fraud or error is alleged” by a challenger.

“A recount (or recanvass) shall include all election districts in which ballots were cast for the office in question,” the statute states.

She noted that there were 13 challenges – not including five petitions that were withdrawn Friday – but there are 180 precincts in the county, meaning all of them would also have to be included in such a recount. Since there were not challenges from all 180 precincts, Emery denied the requests for a recount.

An additional question over whether four petitioners who also served as judges of elections in their precincts and later challenged the results was rendered moot since Emery had already denied all of the petitions on the grounds that no specific evidence was presented in court.

The petitions were filed last month following the Nov. 8 election claiming general “fraud or error” within 18 precincts and asking for the court to order a hand recount of those votes. After five of them withdrew their petitions, Emery held a hearing Friday to listen to the arguments by the 13 remaining challengers along with responses from county officials.

County solicitor Lauren Mathews argued during the hearing that there were flaws with how the petitions were filed, which Emery rejected in her order.

But the judge appeared to partially agree with Mathews in that the general accusations of errors or fraud meant that all districts must be recounted. Mathews argued that every precinct in Pennsylvania would have to be recounted due to the statewide races involved, although Emery’s order states only precincts in Washington County would have been affected. However, since there were not petitions from voters in all 180 precincts in the county, the petition challenges were denied for the same reason.

Elections Director Melanie Ostrander, who testified Friday at the hearing, said county officials were pleased with the judge’s decision.

“We agree with the orders because the election law is clear it must be all election districts involved in the race unless a specific act of fraud or error was disclosed,” Ostrander said in a written statement. “No evidence was presented to indicate such occurred.”

The petitions came from voters challenging precincts in Buffalo, California, Canton, Donegal, Fallowfield, Monongahela, Morris, North Strabane, Peters and South Franklin.

The petitioners who withdrew their challenges in the other five precincts Friday were reimbursed their $50 deposit to hold the hearing, but were not refunded the $131 in filing fees.