Luzerne County Council introduced a proposed election protection ordinance on Tuesday in a 6-5 vote, but it may not have enough support to pass based on subsequent council discussion.
A public hearing and majority council approval would be necessary at a future meeting for the ordinance to take effect.
Eight residents weighed in on the ordinance during public comment, with six expressing opposition.
The arguments for and against mirrored those made when a similar ordinance failed to pass in 2024.
Supporters maintained the measure is warranted to provide law enforcement with an additional option to charge those accused of harassing, intimidating, and retaliating against election workers.
Critics asserted that laws already are on the books for such crimes and that the wording of the new ordinance could subject those expressing concerns to retaliation and stifle their right to free speech.
Six of the eight Democrats on council voted to advance the ordinance for further consideration: Chairman Jimmy Sabatino, Vice Chairwoman Brittany Stephenson, Chris Belles, Denise Williams, Patty Krushnowski, and Joanna Bryn Smith, who had proposed the ordinance in 2024 and presented a lengthy argument in support of passage on Tuesday.
Bryn Smith said the ordinance is “legally sound” and urged against “poor arguments” and “fearmongering.”
The five voting against the ordinance introduction: Democrats Steve Coslett and Dawn Simmons, and Republicans Harry Haas, John Lombardo, and LeeAnn McDermott.
Coslett said he does not support the ordinance because it is “extremely redundant.” He also questioned if such a county ordinance is legal and said it has “no bite.”
Simmons also said she likely won’t be supporting the ordinance because there are “too many questions.”
Although she supported the introduction, Stephenson agreed with Coslett and expressed concerns about the impact.
Williams, a prior county election board member, also voiced reservations, saying she believes protections are “already in place” and that the proposal “oversteps our legal authority.”
Four items are listed under prohibited conduct in the ordinance: obstructing, hindering, or interfering with an election worker; harassing, threatening, or intimidating an election worker through any means; retaliating against an election worker; and disseminating or publishing an election worker’s personal information with the intent to harass or intimidate, known as “doxxing.”
The new version, introduced on Tuesday, would subject ordinance violators to a $1,000 fine per offense, but it eliminates the past inclusion of up to 90 days of incarceration in the county prison for nonpayment of the fine.
During public comment, Luzerne borough resident Alyssa Fusaro, who had served on the county Election Board, said the ordinance could discourage voters from raising concerns out of a fear that their criticism and challenges are deemed harassment.
“In my opinion, this is a voter intimidation ordinance,” Fusaro said, adding she does not want voters to refrain from complaining about problems they encounter with voting equipment or the ballot because they worry a worker will “take it the wrong way.”
Duryea resident Ben Herring, who recently finished serving on the county ethics commission, said the county district attorney and election director had both previously criticized the ordinance.
Herring asserted the ordinance is being pushed by outside entities that fund political campaigns and argued the ordinance could stop people from speaking out.
“You’re opening up a Pandora’s box,” Herring said.
Plains Township resident Joe Granteed said he has repeatedly pushed for action on election matters and questioned if frequent requests could be interpreted as harassment.
Prior county councilman Stephen J. Urban, of Kingston, said he does not believe the county has the authority to impose such fines. Urban told council members they would be “overstepping your bounds” with the ordinance and advised them to push state legislators to update criminal codes if they believe there are deficiencies in the law.
Speaking in support of the ordinance, Kingston resident Dave Thomas said threats against election workers are increasing nationwide, and he asserted workers are not sufficiently protected under the existing law.
“This is a real issue,” Thomas said, adding that “malicious actors” must be addressed to maintain order.
The other public comment in support came in writing from Plymouth resident Scott Cannon, who cited harassment he allegedly experienced as a poll worker in 2022.
While the letter Cannon submitted for public comment did not contain names, he had provided additional information identifying the subjects involved to council.
Lombardo publicly blasted Cannon’s claims during Tuesday’s meeting, saying it was inaccurate. Lombardo said he was concerned about the allegations and independently contacted the parties named, and they all disputed the details Cannon had presented.
“That’s what’s being used to get this passed,” he said of Cannon’s letter. Lombardo said the proposed ordinance would have a “chilling effect on free speech.”
Contacted by phone, Cannon said he is confident in the facts of his statement.
Building sale, new division
County Council unanimously voted to sell the county-owned Broad Street Business Exchange in downtown Hazleton to YMSF Family Partnership LP for $2.42 million.
Council had set the starting bid at the $2.1 million appraised value, and YMSF was the only entity to submit an offer. The limited partnership plans to continue operating the property as a commercial office and mixed-use building.
Seven of the four council members agreed to introduce an ordinance required to create a new county Infrastructure, Community, and Economic Development Division.
This would be the first new division added since the January 2012 implementation of the county’s home rule structure, which created eight divisions.
As with the other ordinance, a public hearing and majority council passage would be necessary at a subsequent meeting for the division creation to take effect.
Those voting against the introduction: Haas, McDermott, Simmons, and Bryn Smith.
Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.
Dallas Post
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