Mar 19, 2024 By Mike Jones 4 min read

Another appeal by a candidate trying to stay in the race for U.S. Senate is continuing to delay the issuance of mail-in and absentee ballots to voters with just five weeks left until the April 23 primary.

Joseph Vodvarka of Robinson Township in Allegheny County filed an appeal Monday with the state Supreme Court asking it to reinstall him for the Republican primary after challengers successfully had him removed from the ballot earlier this month.

The ongoing challenges – including a similar one by a Democratic candidate running for U.S. Senate – have forced county elections offices across the state to withhold printing of the ballots due to the uncertainty of the Senate candidates running in the primary.

Vodvarka’s attorney, Larry Otter, said they decided to appeal because of perceived “mistakes” made by the lower courts, along with the legal arguments by the challengers’ attorneys that he hoped would be overturned. Otter said he expects a decision by the end of the week because of the need to finalize the list of candidates so elections offices can move forward.

“Election cases go at light speed,” Otter said. “The court is well aware of the need to print the (mail-in) ballots.”

But that situation isn’t stopping Washington County’s elections office from moving forward with its ballots due to the urgency to get them out to voters. Elections Director Melanie Ostrander said her office finalized the ballots Friday that includes Vodvarka on the Republican ballot and William Parker in the Democratic race for U.S. Senate race.

Parker’s removal from the ballot was affirmed by the state Supreme Court on Monday, meaning U.S. Sen. Bob Casey will run unopposed in the Democratic primary. If Vodvarka is also booted, that would lead to Republican candidate David McCormick facing Casey in the November general election.

Ostrander said they decided to proceed over concerns about how much longer the delays could push back sending out mail-in ballots, which might not go out until later next week.

“I just couldn’t wait any longer.” Ostrander said. “Otherwise people would only have two weeks to get them out and get them back.”

She said her office will include a letter with the mail-in ballots for Democratic primary voters and place signage at the polls alerting them that Parker has been removed from the race. They will take the same steps for Republicans if Vodvarka’s appeal fails and he’s not in contention.

“We’ll have to include some sort of letter that after the ballot was finalized (the candidates) were removed,” Ostrander said. “It’s better to proceed with a decision with them on it rather than having to go back and add them.”

Ostrander said they began testing their electronic voting machines Monday using the finalized ballot and will continue doing that work through next week. A sample mail-in ballot – with both Vodvarka and Parker listed as candidates – is expected to be reviewed Wednesday, which will allow them to send it off to the printers and then get them to voters beginning at the end of next week.

“By the time we get the mail-in ballots and send them, there should be decisions made,” she said.

Other elections offices in the area are still holding off, although probably not for much longer.

Fayette County Elections Director MaryBeth Kuznik said the elections board could make a decision in the next day or so, but she was unsure what they would do.

“We’re still examining the situation and will make a decision based on what comes down from the courts,” Kuznik said. “But we have to move forward. All the counties are in the same boat and we have to move forward.”

Joe Lemley, the new elections in Greene County, said he’s waiting for guidance from the state Department of State “to tell me it’s official” since he does not want to end up in a situation where there’s confusion over the ballot like what happened in last year’s general election. In that election, multiple mistakes on the mail-in ballot required it be printed and mailed out twice, with numerous explanations sent to voters about the issues.

“After what happened in November, I want to make sure everything is appropriate and we don’t have to put out any more mailings,” said Lemley, who started in his new role in January.

The final day to apply for a mail-in or absentee ballot is April 16, and they must be returned to the county elections office no later than 8 p.m. April 23. People can fill out a ballot application and send it in to their election office, or go online to www.vote.pa.gov to apply online.