A state appeals court just two weeks before the May 20 primary has reinstated a Jeannette mayoral candidate to the Republican ballot.
The ruling has left Westmoreland County election officials scrambling to reprogram voting machines and send more than 100 new mail-in ballots to Jeannette’s Republican voters.
In a ruling issued late Monday, Commonwealth Court Judge Matthew Wolf ordered the county to return Jeannette businessman Ed Day to the ballot.
Day had been thrown off the ballot in late March after Common Pleas Judge Harry Smail Jr. ruled in favor of two-term Republican Mayor Curtis Antoniak, who claimed Day failed to file a required statement of financial interest with the city.
Antoniak cleared the ballot of his two Republican opponents through successful court actions that invalidated their candidacies.
The appeals court ruled Antoniak failed to produce adequate evidence to counter Day’s contention that Jeannette did not properly appoint the city manager or another person to accept the required financial document to qualify for the ballot.
In its 16-page ruling, the court said testimony from Jeannette City Manager Ethan Keedy during the March court hearing before Smail did not sufficiently address whether voters were properly told who should receive the required financial documents to qualify for the ballot.
The judge said election laws must be liberally construed to ensure individuals have the right to run for public office.
“Court must not strike a candidate from the ballot unless constitutionally or statutorily compelled to do so,” the judge ruled.
Day said he continued to campaign as his appeal was considered.
“I didn’t get discouraged and figured I’d let the legal process play out,” Day said. “I didn’t give up the fight, and hopefully the people now will have a choice.”
Antoniak said he will not appeal.
“I’m really surprised at the Commonwealth Court’s decision to override Harry Smail,” he said.
Westmoreland County Election Bureau Director Scott Ross said the appeals court ruling will not apply to former Republican mayoral candidate Ron Kastner and Democrat Robin Mozley, who also were removed by Smail from the primary ballots for failure to file financial disclosures with Jeannette officials.
Neither Kastner nor Mozley appealed Smail’s ruling.
Ross said the county received the go-ahead April 20 from the Pennsylvania Department of State to finalize and mail out primary ballots.
As a result of the appeals court ruling, county elections officials initially said new mail-in ballots will be sent to more than 400 Jeannette voters. Hours later, Ross said new ballots will be sent out to just 116 Republican voters who initially applied to vote by mail.
Voters late last month started to receive ballots in the mail, and several already have been returned to the county. Ross said all mail-in ballots from Jeannette voters will be segregated once returned to the courthouse.
“We will send (Jeannette Republican) voters an explanation of what happened and tell them that, if they send in a second ballot, that one will count. If they don’t, the first one they sent in will count,” Ross said. “We will compare all of the ballots to make sure only one ballot per voter is counted.”
Officials on Tuesday started to the process of reprogramming the 21 touch-screen voting machines and eight scanners that will be used at all eight Jeannette precincts on Election Day to reflect the revised ballot that includes Day.
It will cost the county about $1,500 to mail new ballots and reprogram voting machines, Ross said.