Luzerne County Election Board OKs DA race on November ballot

The Luzerne County Election Board voted Wednesday to place the county district attorney’s race on the November general election ballot instead of waiting until the 2023 primary.

Three board members voted yes: Richard Nardone, Audrey Serniak and Denise Williams.

The two remaining members — Kathryn Roth and Missy Thomas — abstained.

Two conflicting legal opinions had been presented to the board.

Thomas said she did not feel she had enough information to reach a conclusion, and Roth said she was unsure how to proceed, describing the dueling legal analysis as “very confusing.”

Prior first assistant DA Sam Sanguedolce was automatically appointed to fill the post March 25, when Stefanie Salavantis resigned because she is running for county judge. Like Salavantis, Sanguedolce is a Republican.

A new state statute says the first assistant serves “until the first Monday in January following the next municipal election occurring not less than 90 days after the occurrence of the vacancy.”

Municipal elections are held every two years, including 2021. The vacancy occurred too late to appear on the May 18 primary election ballot.

County Assistant Solicitor Michael Butera said the race cannot be on the ballot until the 2023 primary because nominees must be selected through a primary in a municipal election year. However, Attorney Joseph M. Cosgrove, who was retained by the county Office of Law to provide an opinion, took a position the new statute requires the DA race to be on the ballot this November because it is the next municipal election.

County Chief Solicitor Romilda Crocamo told the board she agrees with Cosgrove’s interpretation.

With no primary, the county Democratic and Republican party organizations can each choose a contender to appear on the November ballot.

The unknown is whether the election board’s decision will be challenged in court.

Sanguedolce said Wednesday night he already has been contacted by numerous lawyers who believe the November election decision is “grossly in error.”

“It’s difficult at this point to comment because I haven’t reviewed the matter with any legal counsel of my choosing,” Sanguedolce said.

Sanguedolce said he has the utmost respect for the election board and both attorneys rendering opinions in the matter but said he also understands the board has four new members. He said he will review the matter with multiple people involved and act accordingly.

“If the correct legal determination is that it must be on the ballot this November, then I am more than happy to run for office. However, if the correct legal determination is that the election should be held in 2023, it’s difficult to ignore the law in light of the oath I’ve taken,” he said.

County Republican Chairman Justin Behrens also weighed in on the matter, saying before the meeting he would consult with legal counsel to discuss options if the board decided to hold the election in November. He noted that is not a guarantee the party would resort to a legal challenge.

Behrens addressed the board during public comment before its vote, asking members to proceed “carefully” and abide by the law. He said Butera was a county assistant solicitor more than 25 years and asked why “now all of the sudden his decision is being questioned.”

Crocamo told the board she “took some heat” for allowing one of her assistants (Butera) to present a position contrary to hers, but her “ego is not as important” as presenting all options to the board.

“I wanted to give you the broadest palette and all the relevant information to make a knowing decision because the people of Luzerne County are counting on you to do it,” Crocamo said.

In presenting his legal interpretation Wednesday, Cosgrove said his conclusion was “unequivocal,” “not a close call” and that there was “really no choice” in holding a November DA election.

Nardone said he extensively reviewed the new state law and other related materials and came to his own conclusion the DA race must be held in November. He said his opinion was reinforced after he read legal analysis from both attorneys.

Williams, the board chair, said she read the new state law several times and said the requirement for a November election was “very clear.”

Drop boxes

In other business Wednesday, the election bureau said four drop boxes should be installed Monday for mail voters choosing to hand-deliver their primary ballots instead of mailing them.

As provided last year, one box will be in the county’s Penn Place Building lobby at 20 N. Pennsylvania Ave. in Wilkes-Barre.

The board recently granted the bureau’s request to add three more boxes in Hazleton, Nanticoke and Pittston — the first not in a county building. The boxes will be in the Hazleton and Nanticoke city hall buildings and the Pittston Library. The county changed the original Pittston city hall location to avoid any perception of impropriety because Magisterial District Judge Alexandra Kokura Kravitz’s office is in that building, and she is running for county judge, the administration said.

A board majority rejected the bureau’s plan Wednesday to add a fifth box in the Dallas Township municipal building for the Back Mountain region.

Thomas and Nardone supported Roth’s suggestion to table consideration of more drop boxes until after the primary. The board already had planned to perform post-primary analysis on the three new boxes before deciding how to proceed in the November general.

While all four cities were selected for drop boxes because they are population centers, Nardone and Thomas said distances to boxes also should be examined countywide to ensure all areas are treated equitably if more are proposed.

Behrens told the board he has “grave concerns” about drop boxes because the current plan has them positioned in cities with majority Democratic registrations and in municipal buildings when city races are on the ballot. He also questioned whether required security protocols will be followed.

The board unanimously approved Williams’ motion to require sheriff deputies to be trained and sign declarations before they retrieve ballots from the boxes and transport them to the county election bureau.