The Luzerne County Election Board won’t be reviewing the county anti-discrimination ordinance repeal referendum petition as requested, which means an effort to stop the referendum must be heard in county court, the board unanimously decided Wednesday.
In another matter, the board also concluded there is not enough time to consider adding more mail ballot drop boxes for the Nov. 3 general election, although it agreed to relocate the existing southern county box to Hazleton City Hall.
Action Together NEPA and seven residents sought an election board review of a citizen-initiated petition that would ask voters if they wanted to repeal the anti-discrimination ordinance a council majority adopted June 9.
Citizens submitted 15,405 signatures seeking the referendum on the 2027 primary election ballot, which was well above the 11,615 signatures required by Aug. 8, prior county controller Walter Griffith, who heads the citizen petition committee, has said.
The Sept. 4 review request asserts there are 8,971 deficient signatures, raises issues about the petition format, and maintains signature collectors intentionally misled voters who signed it.
Under the petition structure outlined in the county’s home rule charter, the election board has a 20-day “opportunity” to determine if a petition is sufficient to meet charter requirements, and officials said that deadline is Sept. 24.
Any board determination — or board failure to make a determination within 20 days — is subject to review by the county Court of Common Pleas upon the request of a county resident, the charter says.
Several members of the volunteer, five-citizen election board said Wednesday they do not believe the board has enough time to delve into the extensive legal issues raised in the requested review and reach a decision by the Sept. 24 deadline.
County Assistant Solicitor Gene Molino said the charter does not mandate election board action, referencing the charter’s indication the board has the “opportunity” to make a determination.
Molino also outlined some concerns with legal arguments made in the request for review that would be put before the board if it chooses to proceed.
Board Chairwoman Christine Boyle said she has reservations about the board making such decisions and setting precedent.
Board Vice Chairman Rick Morelli, a charter drafter, said the charter is consistent in allowing decisions to be made by the court if a county entity, in this case the board, does not act.
It would be “easiest and safest” for the matter to be heard by the court, Morelli said, adding he is confident a board decision would have been appealed to court regardless.
Board member Albert Schlosser said he concurs and believes the matter should be determined by the court “in the interest of fairness.”
The anti-discrimination ordinance requires local adjudication of complaints that extend beyond county government and involve employment, housing, healthcare, education, and establishments that sell goods or services to the general public.
Supporters said the ordinance will protect classes not already covered in state and federal laws and speed up processing of complaints due to a state backlog. Critics argued the county should not get involved in such matters and raised concerns about potential liability, litigation, and added expenses.
Drop boxes
A County Council majority voted Sept. 8 to ask the election board to consider adding more mail ballot drop boxes for the upcoming general election and also to move the southern county box to Hazleton City Hall.
Election board members said Wednesday it is too close to the election to perform the due diligence required to add a location.
County Election Director Emily Cook said she is aiming to start mailing ballots the first week in October to ensure voters have ample time to receive and return them by regular mail.
Council advocates of the request argued more drop boxes are needed in such a large county to encourage voter participation and avoid concerns with the U.S. Postal Service, but others questioned the cost and need.
The county has two drop box locations inside county-owned properties: the Broad Street Business Exchange Building in Hazleton and the Penn Place Building in Wilkes-Barre. A box is also set up inside the election bureau on the second floor of Penn Place.
“As much as I love drop boxes. there’s not enough time to do it before the general election,” said board member Audrey Serniak, noting locations would also have to be identified.
Cook said approximately $20,000 would be needed for each box, including security cameras and software/maintenance agreements.
She also cautioned against “diverting resources” so close to an election, saying that approach has proven to be a “big recipe for disaster” in the past.
Several board members said they may consider revisiting the addition of drop boxes in the future.
Councilwoman Denise Williams suggested moving the Hazleton box to city hall, saying it is difficult to find in the Broad Street Exchange.
City Mayor Jeff Cusat said in January he would welcome a box at city hall. Although he is not a proponent of mail ballot voting, Cusat said he’d rather have the box inside city hall “so we can vouch for its integrity.”
Cook said the county drop box surveillance camera will be moved from the Broad Street Exchange to city hall. The box will be chained to a column inside city hall to comply with security requirements, she said.
Mirroring multiple past discussions about drop boxes, several citizens spoke for and against them during Wednesday’s meeting.
Polling places
The board approved several Nov. 3 general election polling place changes. The impacted precincts and new locations:
• Exeter Borough — all three wards moving to the Wyoming Area High School Gymnasium, 252 Memorial St., due to a church closure.
• Hazleton Wards 9 and 11 — relocating to the St. John the Baptist Polish National Catholic Church, 748 N. Church St., also due to a church closure.
• Swoyersville Ward 2 — returning to the Swoyersville Municipal Building, 675 Main St., because a pest control issue at the municipal building has been resolved.
• Wright Township District 2 — switching to the New Life Community Church, 570 S. Main Rd., because the prior shared location in the municipal building was too crowded.
The board approved the Nov. 3 ballot. Samples are posted on the election page at luzernecounty.org.