HD-117: Supreme Court Rejects Walsh Appeals on Provisional Ballots
Walsh still maintains slim lead over incumbent Michael Cabell in Luzerne County GOP State House race
September 13, 2024
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Walsh still maintains slim lead over incumbent Michael Cabell in Luzerne County GOP State House race
The saga of the state’s Republican primary in the 117th Legislative District may be drawing to a conclusion after 143 days.
The Pennsylvania Supreme Court issued a ruling Friday that means Jamie Walsh did not succeed in throwing out one provisional ballot and counting another.
Walsh still maintains his unofficial April 23 primary election lead over incumbent Republican Michael Cabell in the 117th District. Walsh’s current five-vote lead is expected to decrease to four votes when the Supreme Court-affirmed provisional ballot is tallied because it was cast by Cabell’s cousin, Shane O’Donnell.
Walsh’s appeal to the state Supreme Court sought reversal of a Commonwealth Court decision granting Cabell’s request to reject Lake Township voter Timothy J. Wagner’s ballot and accept the Butler Township ballot cast by O’Donnell.
Wagner did not sign the outer envelope twice, and O’Donnell’s ballot involved a residency question.
Five justices – Debra Todd, Kevin Dougherty, David Wecht, and Kevin Brobson joined the majority opinion written by Sallie Updyke Mundy.
Wecht also filed a concurring opinion that was joined by Brobson. He wrote that “Yet again, we are called upon to decide whether the Election Code really means what it says. Like the Majority, I believe that it does, and that the two issues presented in this appeal are resolved by the plain statutory language and the facts established in the trial court. I join the Majority Opinion in full.”
Justice Christine Donahue wrote a concurring and dissenting opinion which Justice Daniel McCaffery joined. She dissented from “the Majority’s holding that our Election Code requires the Board of Elections not to count that provisional ballot because the elector failed to sign the provisional ballot envelope. She did concur with the decision regarding the O’Donnell ballot.
This is a developing story and will be updated.
The saga of the state’s Republican primary in the 117th Legislative District may be drawing to a conclusion after 143 days.
The Pennsylvania Supreme Court issued a ruling Friday that means Jamie Walsh did not succeed in throwing out one provisional ballot and counting another.
Walsh still maintains his unofficial April 23 primary election lead over incumbent Republican Michael Cabell in the 117th District. Walsh’s current five-vote lead is expected to decrease to four votes when the Supreme Court-affirmed provisional ballot is tallied because it was cast by Cabell’s cousin, Shane O’Donnell.
Walsh’s appeal to the state Supreme Court sought reversal of a Commonwealth Court decision granting Cabell’s request to reject Lake Township voter Timothy J. Wagner’s ballot and accept the Butler Township ballot cast by O’Donnell.
Wagner did not sign the outer envelope twice, and O’Donnell’s ballot involved a residency question.
Five justices – Debra Todd, Kevin Dougherty, David Wecht, and Kevin Brobson joined the majority opinion written by Sallie Updyke Mundy.
Wecht also filed a concurring opinion that was joined by Brobson. He wrote that “Yet again, we are called upon to decide whether the Election Code really means what it says. Like the Majority, I believe that it does, and that the two issues presented in this appeal are resolved by the plain statutory language and the facts established in the trial court. I join the Majority Opinion in full.”
Justice Christine Donahue wrote a concurring and dissenting opinion which Justice Daniel McCaffery joined. She dissented from “the Majority’s holding that our Election Code requires the Board of Elections not to count that provisional ballot because the elector failed to sign the provisional ballot envelope. She did concur with the decision regarding the O’Donnell ballot.
This is a developing story and will be updated.
The saga of the state’s Republican primary in the 117th Legislative District may be drawing to a conclusion after 143 days.
The Pennsylvania Supreme Court issued a ruling Friday that means Jamie Walsh did not succeed in throwing out one provisional ballot and counting another.
Walsh still maintains his unofficial April 23 primary election lead over incumbent Republican Michael Cabell in the 117th District. Walsh’s current five-vote lead is expected to decrease to four votes when the Supreme Court-affirmed provisional ballot is tallied because it was cast by Cabell’s cousin, Shane O’Donnell.
Walsh’s appeal to the state Supreme Court sought reversal of a Commonwealth Court decision granting Cabell’s request to reject Lake Township voter Timothy J. Wagner’s ballot and accept the Butler Township ballot cast by O’Donnell.
Wagner did not sign the outer envelope twice, and O’Donnell’s ballot involved a residency question.
Five justices – Debra Todd, Kevin Dougherty, David Wecht, and Kevin Brobson joined the majority opinion written by Sallie Updyke Mundy.
Wecht also filed a concurring opinion that was joined by Brobson. He wrote that “Yet again, we are called upon to decide whether the Election Code really means what it says. Like the Majority, I believe that it does, and that the two issues presented in this appeal are resolved by the plain statutory language and the facts established in the trial court. I join the Majority Opinion in full.”
Justice Christine Donahue wrote a concurring and dissenting opinion which Justice Daniel McCaffery joined. She dissented from “the Majority’s holding that our Election Code requires the Board of Elections not to count that provisional ballot because the elector failed to sign the provisional ballot envelope. She did concur with the decision regarding the O’Donnell ballot.
This is a developing story and will be updated.
The saga of the state’s Republican primary in the 117th Legislative District may be drawing to a conclusion after 143 days.
The Pennsylvania Supreme Court issued a ruling Friday that means Jamie Walsh did not succeed in throwing out one provisional ballot and counting another.
Walsh still maintains his unofficial April 23 primary election lead over incumbent Republican Michael Cabell in the 117th District. Walsh’s current five-vote lead is expected to decrease to four votes when the Supreme Court-affirmed provisional ballot is tallied because it was cast by Cabell’s cousin, Shane O’Donnell.
Walsh’s appeal to the state Supreme Court sought reversal of a Commonwealth Court decision granting Cabell’s request to reject Lake Township voter Timothy J. Wagner’s ballot and accept the Butler Township ballot cast by O’Donnell.
Wagner did not sign the outer envelope twice, and O’Donnell’s ballot involved a residency question.
Five justices – Debra Todd, Kevin Dougherty, David Wecht, and Kevin Brobson joined the majority opinion written by Sallie Updyke Mundy.
Wecht also filed a concurring opinion that was joined by Brobson. He wrote that “Yet again, we are called upon to decide whether the Election Code really means what it says. Like the Majority, I believe that it does, and that the two issues presented in this appeal are resolved by the plain statutory language and the facts established in the trial court. I join the Majority Opinion in full.”
Justice Christine Donahue wrote a concurring and dissenting opinion which Justice Daniel McCaffery joined. She dissented from “the Majority’s holding that our Election Code requires the Board of Elections not to count that provisional ballot because the elector failed to sign the provisional ballot envelope. She did concur with the decision regarding the O’Donnell ballot.
This is a developing story and will be updated.
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