Columbia Borough School District Election

1 Pa. D. & C.3d 222, 1975 Pa. Dist. & Cnty. Dec. LEXIS 30
CourtPennsylvania Court of Common Pleas, Lancaster County
DecidedDecember 29, 1975
StatusPublished

This text of 1 Pa. D. & C.3d 222 (Columbia Borough School District Election) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lancaster County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Columbia Borough School District Election, 1 Pa. D. & C.3d 222, 1975 Pa. Dist. & Cnty. Dec. LEXIS 30 (Pa. Super. Ct. 1975).

Opinion

BROWN, J.,

HISTORY

Four positions on the Columbia Borough School Board were scheduled tobe filled at the November 4, 1975, general election. One position was for a two-year term and three other vacancies were for six-year terms. One two-year term was to be filled and one candidate’s name appeared on the ballot. Kenneth M. Sprout was cross-filed and appeared as the candidate for both the Republican and Democratic Parties. Four individuals appeared on the ballot as candidates for the six-year positions (three to be elected): Joseph E. Horn, cross-filed on both Republican and Democratic tickets; Ronald N. Mable, cross-filed on both the Republican and Democratic tickets; Barbara A. Carnahan, Democrat; and Jerry N. Davis, Republican.

In addition to the four candidates who appeared on the ballot, however, there were four very real candidates for school director whose names were not on the ballot: Gerald G. Fischer (two-year term); [224]*224Kenneth F. Hartman, Carl E. Mathias and John T. Auer (six-year term). Candidates Fischer, Hartman, Mathias and Auer ran as a “write-in team” on the platform established by the Concerned Citizens of Columbia, an independent, unincorporated association of Columbia citizens who seek major changes in the policy of the Columbia Borough School District. The candidates sponsored by the Concerned Citizens Association ran a “write-in” campaign seeking support for their election. As part of their campaign, the candidates prepared sheets containing pre-gummed, preprinted stickers; each sheet contained one preprinted sticker for each of the four candidates, Fischer, Hartman, Mathias and Auer. The stickers were prepared so individuals desiring to vote for the Concerned Citizens’ candidates could insert the pre-gummed stickers in the voting machines in the place provided for registering a “write-in” vote.

At the close of the polls on election day, the tallies given for the candidates for the office of school director in the Borough of Columbia were quite conflicting. Any thoughts that the problem would be dispelled at the official canvass of the returns was quickly destroyed on November 17, 1975. At the official canvass, which was presided over by the Honorable Judge Appel, such glaring inconsistencies in the returns appeared that the judge, on his own motion, directed the votes for the office to be recounted in seven of the nine wards in the borough. Subsequently, petitions were filed challenging the returns in the two remaining wards and on November 21, 1975, Judge W. Hensel Brown signed orders directing that the votes cast in the two remaining wards be recanvassed at the same time as the re-canvass of votes already ordered by the court.

[225]*225The court ordered recanvass commencing at 2 p.m. on Friday, November 28, 1975, in the Lancaster County voting machine warehouse. Judges Johnstone and Brown were present at the initial recanvass session. Shortly after the official recanvass began, it became apparent that a great deal of time would be required to complete the task, due primarily to the large number of write-in votes and the condition of the voting machine rolls which contained the sticker votes. When two hours had passed and the first ward had not yet been completed, the following procedure was established by the court and counsel present for the completion of the recanvass:

(1) John Rengier, Esquire, Solicitor for the County Board of Elections, was delegated as the officer of the court in charge of further recanvass proceedings.

(2) The court directed the recanvass to proceed with Mr. Rengier presiding at a future date.

(3) The court directed that a stenographer be present at all future proceedings to make a record of the proceedings and any objections thereto for future review by the court.

The recanvass continued on December 1 and 2, 1975, utilizing the procedure setforth above. During the recanvass, John B. Rengier, Esquire, announced the totals cast for all candidates appearing on the ballot and counted every written or sticker vote cast on the face of the voting machine “write-in” roll which was not challenged by counsel for the ballot candidates. When counsel for the ballot candidates challenged a vote, the vote was not recorded by the election counters.

After Solicitor Rengier completed counting the unchallenged “write-in” votes on the face of the [226]*226vote roll, counsel for the write-in candidates was permitted to describe for the record the condition of the vote roll and the location and description of any whole or partial votes which were not counted. In addition to examining the actual vote roll, counsel for the write-in candidates examined the back of the voting machine used in each ward and placed his observations on the record. Both counsel for the ballot candidates and Solicitor Rengier observed while the description was placed on the record by counsel for the write-in candidates and stated that the description was factually accurate.

A conference was held in the chambers of Judge Brown on Thursday, December 4,1975, attended by Solicitor Rengier and counsel for both the write-in and ballot candidates. At that time it was determined that the record taken during the examination of the voting machine in the Fourth Ward of Columbia should be transcribed. It was stipulated that this voting machine would be considered as a typical indication of all the voting machines in the other wards in Columbia and that all types of challenged write-in votes appeared in the Fourth Ward voting machine. It was further determined that upon receipt of the transcript, counsel could prepare briefs for presentation to the court in support of their positions with regard to whether a given category of votes should be counted. The culmination of this rather lengthy recanvass procedure is the present proceeding which requires the court to determine whether certain write-in votes cast should be counted.

ISSUES

A. Should identifiable stickers which appear stuck to the back and other areas of the vote roll be [227]*227accumulated and counted as votes cast for the candidate indicated, where the sticker in question can be proven by physical observations to have been properly placed on the face of the vote roll at one time?

B. Should identifiable stickers which appear stuck to the back of the voting machine, behind the slide corresponding to the proper column on the vote roll be accumulated and counted for the candidate indicated, where it can be observed that the sticker in question was at one time placed on the face of the vote roll?

C. Should stickers which appear in the proper column on the face of the vote roll be counted when they have marks on them?

D. Should all votes cast for the candidate which appear on the face of the vote roll be accumulated and counted for that candidate if they can be identified as being votes cast for the candidate?

DISCUSSION

The general principles on which this case must be decided were stated in Appeal of Transue, 35 Northampton 329 (1959) at 332:

“1. A ballot should be construed, if at all possible, as to enfranchise rather than disenfranchise.
“2. The effect of a ballot should always be determinedin such amanner as to effectuate theintentof the voter.
“3. Nothing should be left undone to preserve the sanctity and secrecy of the ballot.”

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1 Pa. D. & C.3d 222, 1975 Pa. Dist. & Cnty. Dec. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbia-borough-school-district-election-pactcompllancas-1975.