NEW CASTLE Elections board holds ballots for possible appeal

The spring ballots will be kept in bags until the matter is resolved.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- The Lawrence County Elections Board has decided it will hold on to ballots from the primary election just in case an appeal is filed by a candidate challenging the results.
Susan Bongivengo had sought a special election or the recounting of ballots for the county treasurer's race. She lost both the Democratic Primary and Republican write-in vote to incumbent Gary Felasco but questioned the results after a recount of three districts garnered her more Republican write-in votes.
A visiting judge denied Bongivengo's request for a new election or recount, but election board members say they are concerned that she might appeal to a higher court.
Bongivengo has said she is unsure if she will appeal the decision handed down last week. She has until Oct. 30 to make a decision.
The ballots from the Primary Election have been locked away in the courthouse in the original ballot boxes, but election board members say those boxes must be distributed to the polling places for the coming General Election on Nov. 4.
Marlene Gabriel, election director, said county workers need at least a week to deliver all of the boxes.
Election board members decided to put the ballots in bags that will be secured in the courthouse until Bongivengo's complaint is resolved.
Discrepancies
Gabriel did address some of the allegations of Bongivengo's lawsuit at Tuesday's meeting. The election director said there is no way anyone could have tampered with the ballots on election night.
Problems with the machines caused election workers to miss write-in votes for Bongivengo in her home district, which brought her within 16 votes of winning the Republican nomination.
Her lawsuit contends there were also discrepancies in the number of voters and ballots found in some precincts.
"The ballots go through the scanners over 200 a minute; there are two colors to the ballots," Gabriel said. "How would anyone be able to get a ballot out and know where to tamper with it? No one works in a secluded area, and everyone works in groups."
She added that problems on election night were not secret and dealt with that night by herself, a judge and the election board. The county had to recount 29 ballot boxes after vote totals showed no Democratic votes in those precincts after a machine malfunction.
Gabriel also addressed other issues brought up in Bongivengo's lawsuit, including questions about the county following state law when it comes to testing ballot tabulating machines.
During a court hearing, Gabriel said the county does not retest the machines after the election. Bongivengo's attorney had pointed out that state law requires a post-election test. Gabriel said Tuesday that the county does that procedure later when it also conducts a 2 percent hand count. She noted it is not done on Election Night.