Scranton resident Joseph Pilchesky's bid to block candidates from running for a Lackawanna County government study commission was denied Friday by a panel of county judges.
In an opinion written by Judge Terrence R. Nealon, the three-judge panel, sitting as the county Board of Elections, rejected two of Mr. Pilchesky's claims. In one, he had argued each candidate for the commission had to file individual nomination papers. In the other, he contended each candidate should have designated a Democratic or Republican party committee as the way to replace a candidate who won a seat on the commission but could not serve for some reason.
Twenty-nine of the 39 candidates filed as part of a slate of candidates. Each candidate or group of candidates named their own replacement committee members, who are listed on their nomination papers.
Judge Nealon said both those arguments were "without merit" because state law allows a commission candidate to file papers as part of a slate and to establish a replacement committee.
Mr. Pilchesky also claimed none of the candidates had filed a required "acceptance by candidate" affidavit.
Judge Nealon said that argument was "well-founded," but the candidates' failure to file the affidavits wasn't their fault.
Rather, they failed to file because they relied on "deficient forms and erroneous instructions" provided by the county Department of Elections. The affidavits, which candidates are to sign, confirm they are willing to serve if elected.
The judge said the study commission should be allowed to amend their nomination papers to include the acceptance affidavits. They must do that by April 11 or they could be removed from the May 21 primary election ballot.
Mr. Pilchesky had officially challenged 38 of the 39 candidates, forgetting to list the name of the other.
During the primary election, voters will have a chance to decide if they want to form a commission to study changing the county three-commissioner form of government.
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