After more than two months of waiting on appeals and court decisions, it appears that we could have a winner in the Republican primary for the 117th Legislative District race.
Challenger Jamie Walsh declared victory on Friday after the Luzerne County Board of Elections counted the votes for the remaining 12 provisional ballots. Walsh, who led incumbent Mike Cabell by three votes prior to the opening of the sealed envelopes, received seven of the 12 votes with Cabell picking up the remaining five.
“I just feel elated. I’m glad that the process is over, and I’m thankful the election board, election bureau and office of law did their due diligence and took their time,” Walsh told the Times Leader.
“I am excited for this big win, and I cannot wait to represent the people of the 117th District in Harrisburg.”
It should be noted that the race has not been certified and may not even be over, according to election chair Denise Williams, with three active appeals still in the hopper.
“To call something out would be very premature for one because it could change,” Williams told WVIA. “It’s not complete yet.”
As it was, the 12 provisional votes also were not counted on Friday, as it was noted that state law mandates that votes cannot be tabulated if there are active appeals ongoing. The count went forward after Gene Molino, the county’s assistant solicitor, indicated that the Commonwealth Court had given its blessing that the vote could proceed as long as the candidates were in agreement.
He cited the applicable section of law: “Pending the final determination of all appeals, the county board shall suspend any action in canvassing and computing all challenged provisional ballots irrespective of whether or not an appeal was taken from the county board’s decision.”
Despite his five-vote lead, Walsh is still considering an appeal of the July 1 ruling which decided two of the 30 votes in Cabell’s favor. He also filed another case which asks the court to discount six mail-in ballots where the voter did not fill in the “24” to complete the year on the outer envelope. He has until today to appeal the court’s refusal to throw out the votes.
For his part, Cabell is questioning the ruling to not count 22 write-in votes. He argued the county board’s refusal to review and cumulate write-in votes must be reversed because that decision goes against a Pennsylvania Supreme Court opinion’s “unmistakable holding.”
The winner of the primary will most likely be unopposed in the November general election, heightening the drama in the race.