LAWRENCE COUNTY Judge rejects a new treasurer's election

The candidate said she hopes this will change how elections are run in Lawrence County.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- Susan Bongivengo's quest for a new election in the Lawrence County treasurer's race has been denied.
Judge Carson V. Brown, a visiting judge from Lock Haven, Pa., ruled the ballots had not been tampered with and the primary election should not be set aside.
However, Brown wrote in his decision that there were sufficient problems with the election and Bongivengo should not be assessed any costs in connection with her case.
Bongivengo filed a lawsuit after paying to open three election boxes and finding the counts for the Republican write-in votes were incorrect in two of the three boxes.
Those changes left Bongivengo trailing her opponent, Gary Felasco, by 16 votes for the Republican nomination.
Felasco, a Democrat, was declared the winner of both the Democratic and Republican nominations. Bongivengo, also a Democrat, and Felasco also waged Republican write-in campaigns during the election.
Discrepancies found
Bongivengo filed court papers asking for a new election after finding discrepancies when she paid to have ballots in three boxes recounted.
New Castle's 2nd Ward, 10th Precinct, initially showed Bongivengo received two Republican write-in votes and Felasco had none.
A recount gave Bongivengo 22 write-in votes and Felasco 11.
Lawrence County election officials attribute the error to an election night problem with the tabulating machines.
Twenty-nine boxes had to be recounted electronically and some may have been taken away from workers before all write-in votes were recorded, said elections director Marlene Gabriel.
Brown also rejected Bongivengo's argument that there should be a new election or a recount because the county did not follow state law and retest the tabulating machines for accuracy after the election.
Gabriel testified that the county has never tested the machines after an election, only before.
Disappointing decision
Bongivengo said she was disappointed in Judge Brown's decision.
"I really and truly hope this will change how things are done on election night in Lawrence County.
"I think they need to follow the procedures in testing the machines and test them after the election, which they have never done," she said.
Felasco, who is finishing his second term in office, was pleased with Brown's decision and chided his opponent for questioning the outcome.
"I'm surprised on the same week her husband got convicted of felony for stealing from the veterans, she questioned the integrity of an election supervised by Judge Cox," Felasco said.
"I respect everyone's right to question an election or recount votes. That's why me and my campaign did not oppose her when she asked to open boxes. But to ask for an election to be set aside because you don't like the results is not the way its supposed to be. Elections are won at the ballot box, not in the courtroom."
Bongivengo said she was not questioning the integrity of the election, but whether or not proper procedures were followed.
Defends husband
She added that she stands behind her husband, Ronald. "I do know the whole story and there is no doubt in my mind that after the appeals process his conviction will be overturned," she said.
Ronald Bongivengo was convicted in May of theft after a bench trial in Lawrence County Common Pleas Court. Bongivengo was the financial officer of American Legion Perry S. Gaston Post 343 in New Castle. He was accused of writing checks to himself for nearly $50,000 from August 1998 to February 1999.
He was ordered to repay the money and spend two months in jail.