Court denies Luzerne County Democratic Committee’s request to add three candidates to the Nov. 4 ballot | Dallas Post

Following a Friday afternoon hearing, a three-judge panel denied the Luzerne County’s Democratic Committee’s request to add three candidates to the Nov. 4 general election ballot.

The ruling was issued by county Court of Common Pleas Judges Tina Polachek Gartley, Richard M. Hughes III and Lesa S. Gelb. Judicial panels are used in the adjudication of election matters.

The court filing stemmed from county Democratic Chairman Thomas Shubilla’s Sept. 19 request to place three candidates on the ballot due to the deaths of the prior office holders.

The party’s nominees and the seats, which would all be two-year terms: Rose Mary Frati, of Pittston, city treasurer; Anthony Guariglia, of Pittston, city council; and Joseph Timothy Cotter, of Dupont, Pittston Area School Board.

A county Election Board majority determined no further action would be taken because the ballot was formally approved Sept. 17.

County Assistant Solicitor Gene Molino, who represents the election board, said the county Democratic and Republican parties would have been required to submit nominations within a required 50-day deadline, or by Sept. 15.

Because neither party acted on that option before the deadline, Molino said the two Pittston city seats and Pittston Area School Board seat appear on the Nov. 4 ballot with no listed candidates, which means the seats would be filled through write-in selections.

Representing the committee, Pittston Attorney Peter J. Butera argued case law requires the election code to be “construed liberally” and interpret the 50-day provision as “directory, rather than mandatory.”

Butera’s filing acknowledged the county party is responsible for making nominations but faulted the “glaring inaction” of the election board and election bureau in not responding to or notifying Pittston, the Pittston Area School District or county Democratic Committee about the proper procedure.

However, Molino said in court Friday the county cannot provide legal advice to private citizens, municipalities and political parties.

Check back shortly for further coverage of the hearing.