Monthly Archives: March 2014

Further Evidence Brings Clarity – Shows PA Senate 28th Special Election Invalid

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Significant new discoveries and research should finally bring clarity to the confusion surrounding the scheduled March 18 special election in York County to fill the unexpired term of Senator Mike Waugh in the 28th district.  Allegations of significant disenfranchisement of some and improper enfranchisement of others become more certain by examination of new evidence, making any reasonable defense of this election’s validity impossible.

The story of probable disenfranchisement first broke with an article published both at the blog FreeMktMonkey.com and WatchdogWire-Pennsylvania on March 3.  While the first article got some notice and sparked some interest, it was a subsequent follow-up article published March 9, that provoked daily discussion and debate on the Gary Sutton Show, a local call-in talk radio format airing 9am-Noon Monday through Friday on York based WSBA 910.

At my suggestion, following a call to their newsroom, the York Dispatch published their own article on March 13.  Unfortunately the York Dispatch article only heightened the confusion, which further fueled talk show interest and prompted my search and discovery of additional evidence that will shortly make the issue more clear.

Further confusion injected by the York Dispatch article was not the fault of its writer, Christina Kauffman, in that she had no reason to distrust her sources.  They were the experts, assumed to know what they were talking about.  Yet digging deeper suggests her sources were presenting incorrect assumptions rather than facts.

Likewise, Nikki Suchanic, director of York County Department of Elections and Voter Registration, also cited in the York Dispatch article gets her information from the Pennsylvania Department of State, which would be the source of any confusion on her part.  This leaves  Ron Ruman, press secretary for the Department of State, also cited in the article, as the ultimate source of heightened disinformation and confusion.

It is Mr Ruman who was quoted as saying, “…technically the new maps take effect when they are approved.”  Also attributed to Mr Ruman was that “the old representatives and senators will continue to help their former constituents until November 30, when the session ends (required by the Constitution in even numbered years, as new terms begin Dec 1, even though the newly elected are not sworn in until the first Tuesday in January)”.  Ruman asserts that citizens who will move into new districts immediately became “former constituents” of their current elected representatives as of the May 8, 2013 Supreme Court approval of new redistricting boundaries, on which this election is being based.  Why should we doubt the “expert”?

Enter the evidence: First, in the just referenced article on the court approval, upholding the new redistricting plan, it was ordered “…to be used for the next round of legislative elections in 2014”.  There was no suggestion of immediate implementation as to representation.

Then this important clue: A search found there had been another special election subsequent to the May 2013 delayed redistricting approval.

On September 6, 2013, well after the court’s action, 78th House District Representative Dick Hess died in his 14th term.  Following the election code, presiding officer, Speaker of the House, Sam Smith, issued a writ for a special election within the required 10 days, on September 16, 2013.  A special election to fill the vacant house seat was scheduled and held on January 28, 2014.  Jesse Topper, the Republican candidate selected by committee members from the counties involved won the election, was sworn in Feb 10, and now represents the 78th district in the house until the end of Rep Hess’s unexpired term ending this year.

Significantly, Topper’s January 28 special election presented no enfranchisement issues, currently contributing so much confusion and consternation in the Senate 28th District, because it was conducted on the existing (old) district boundaries!  Articles at the time reported this fact, also confirmed by pulling up election results from Huntingdon County.  The six precincts reported in the vote will all be leaving the 78th to the 81st in the new session to be decided in the May primary and November general elections.

So we have two special elections.  One was set up one way, the other, a different way.  Both cannot be right.  Even in the absence of any specific direction in the election code, which may be the case, the basic concept of tying voting to voters actually represented and commonsense should prevail.

Another piece of guiding evidence exists.  Whether it’s the newly elected Jesse Topper in the 78th House District, or any other current member of the Pennsylvania General Assembly, a visit to members’ pages on the General Assembly website still shows only the old district maps as the areas they represent.

Press Secretary Ron Ruman’s confusion appears to be in when the newly approved district boundaries apply.  It makes sense, and evidence supports, that upon official acceptance redistricting maps immediately define future district boundaries to be filled in the next round of primary and general elections, not special elections to fill existing terms, where the area of representation has not yet changed.

At this point, clarity should be restored with one exception, what voting precincts to include if the March 18 senate special election were for a senate term expiring 2016 rather than 2014 (half of them do), as discussed in an update to my March 10 article.  That is a situation unique solely to state senate elections and redistricting, since federal senators always represent the entire state and both the state and federal house are on the same two year cycle.  As such, it also should be addressed in needed clarification to our state election code.

A call Thursday to Nikki Suchanic, confirmed the writ issued by Lt Governor Jim Cawley, detailed the precincts to be included in Tuesday’s special election and that her job is to follow the writ.

A call to the Department of State directed me to media contact Matthew Keillor’s voice mail, who never returned my call.

A Friday afternoon call to Lt Governor Cawley’s office, relating my findings was acknowledged by contact Todd Kowalski as raising very good points worthy of legal review.  Mr Kowalski took my email address, but I’ve heard nothing back as of this time.

As a final note, with evidence so strongly suggesting an improperly configured special election March 18th, those feeling disenfranchised may want to cast a provisional ballot at the nearest open polling location.  For complete instructions follow this link and open the tab “Provisional Voting”.

Note: This article shared to WatchdogWire-Pennsylvania

Confusion Reigns in PA on Redistricting, Representation, and a Special Election

KeystoneCops

Last Monday I published an article about the controversial March 18 special election called by Lt Governor Jim Cawley to fill the remaining term of 28th District Senator Mike Waugh, who resigned abruptly on January 13 to take an itself controversial job running the Pennsylvania Farm Show and Expo.  I recapped events surrounding the many twists and turns of a growing drama that now features intense infighting on the Republican side, pitting the party favorite and county committee selected candidate, Representative Ron Miller, against upstart businessman Scott Wagner, who decided to persue a write-in campaign.

While many aspects of this story deserve detailed analysis, I raised an issue no one else seemed focused upon, the unintentional disenfranchisement and improper enfranchisement of tens of thousands of citizens, by an oversight in the Pennsylvania election code that ignores special elections in a year of redistricting transition.  In my article and then in a subsequent letter to the editor of the York Daily Record, I raised the possibility the special election could not be defended as valid and, if successfully challenged, could result in loss to taxpayers of both the estimated $200,000 to conduct it, plus costs of litigation to defend it.

Over the past week, using Twitter, Facebook, email, and phone calls, I promoted awareness of my article in hopes that the special problems I had identified could become part of the wider discussion.  I sent links to elected officials responsible for calling the election, candidates involved in the election, various news organizations, and those who had publicly weighed in with their comments and opinions.

Friday morning I received a twitter response from one I had informed that gave me momentary pause.  Representative Seth Grove, in no way behind calling the election or selecting the Republican candidate, but someone with whom I exchange views, sent me a tweet in response to a tweet I had sent him, linking my letter to the editor and suggesting that “We have a problem”.

Rep Grove responded that there is no problem because “[the] Senate is operating that [as if] redistricting was [in] effect on 12/1/2013”.  I mentioned “momentary pause” due to every writer’s fear that something was overlooked, causing erroneous conclusions based on faulty information or assumptions, leading to embarrassment and retractions.  Fortunately I had the remembrance of other encounters to bolster my assertions, and related them to Rep Grove.

Since I’m myself in an area of change by redistricting, moving from representation by Senator Teplitz to that of Senator Folmer, I had questioned Senator Teplitz about my confusion as to when the change would become effective.  He confirmed to me that that would not happen until the end of 2014 and he would continue to represent me until that time.

Also the York County Republican Committee, as referenced in my original article, stated their awareness of a problem, stemming from an oversight in the election code, that would cause a disconnect in who was allowed (or denied) the vote verses the areas they represent, for the balance of the unexpired term to be decided by the special election.

Yet there were and remain signs of confusion.  Sometime prior to Senator Waugh’s resignation, while walking through the halls of the state capitol, seeing staff employees through the glass, and quite ironically, I poked my head into Senator Waugh’s office, and asked what they knew of the change in representation by redistricting.  Their opinion was, like that of Senator Teplitz, that representation would not change until the end of 2014, but they related a story of confusion.  They told me how, in an area within Senator Corman’s district that will be moving to that of Senator Teplitz, Corman’s staff was already sending constituents to Senator Teplitz, who was then referring them back to Senator Corman, leaving constituents feeling unrepresented in redistricting limbo. [SEE UPDATE]

As a further test of my understanding or lack thereof, on Friday, March 7, I called the district office of Senator Lloyd Smucker, since he has represented areas of York County that will be moving into the newly defined 28th district, those areas I contend will be improperly enfranchised in the special election, allowing citizens to vote for someone who will not represent them for the duration of Waugh’s unexpired term that ends at the end of 2014.

I asked Senator Smucker’s staff simply if, in their opinion, they still represent those areas of York County that will be leaving his district.  They said they think they do but are unsure and trying to get answers.  They indicated they’ve contacted the Department of State and still aren’t certain so their policy has been to serve anyone who calls their office.  So it seems one thing is quite clear.  Confusion reigns!

Update March 10:

Two items: First, Senator Teplitz contacted me to deny that his office ever left any citizens in redistricting limbo by sending them back to Senator Corman’s office.  On that, I thank Senator Teplitz for his feedback, for reading my article, and take him at his word.

Second, in the spirit of Thomas Sowell who, in Applied Economics, cautions against not going beyond stage one thinking, that there’s danger in assuming one ever knows enough, I’ve realized my conclusions are only on firm ground to a point, beyond which things become murky.

I remain confident in my assessment of the current Senate 28th district special election as to disenfranchisement or improper enfranchisement by allowing voting along new district lines to fill a vacancy based on the old district lines.  This holds true because the unfilled term expires at the end of 2014 and would apply to any house vacancy, since they all expire at the end of 2014.

For any Senate seat expiring 2016, however, and half of them do, the situation is completely different.  In this case, it could be argued, that areas leaving the district at the end of 2014 deserve the vote for whomever will represent them until that time.  It also could be argued that those newly entering the district at the end of 2014 deserve the vote for whomever will represent them in 2015 and 2016.  In this situation should both the old and new areas (relative to the existing district) be allowed to vote in a special election?

The level of complication almost argues for simply accepting the status quo as a system that’s not perfect.  Yet, the current situation with the Senate 28th, or any like it, is akin to taking 15% of PA citizens, telling them they won’t have a vote for our next governor, so we can allow an equal number of NY citizens to vote for a governor who will never represent them one day!  I don’t see a difference and can’t imagine anyone who would argue for such an absurdity as that!

Note: This article shared to WatchdogWire-Pennsylvania 3/10/14

PA Senate 28th District Special Election / Special Problem – $200k Thrown Away?

Pa Redistricting Website Interactive District Map Green=Old Red=New

Pa Redistricting Website Interactive District Map Green=Old Red=New

The saga of a suspiciously pre-scripted March 18 special election to fill the term of a vacated senate seat in Pennsylvania’s 28th district in York County continues.  Heretofore unreported special circumstances that could only happen in a redistricting year add even more confusion, as unintended consequences disenfranchise tens of thousands of citizens, raising serious questions of the election’s validity, that may provoke challenges resulting in its becoming a $200,000 total waste to taxpayers.

To recap the story, on August 12, 2013 it was reported that Senator Mike Waugh announced he would not seek reelection to another term in 2014.  The next month businessman founder of Penn Waste Inc., Scott Wagner, announced his intention to run.  By January 2, 2014, when the York Daily Record reported the Wagner campaign had already raised $267,730 in contributions, and still over a month and a half away from February 18, when candidates could begin circulating petitions to appear on the May 20 primary ballot, Wagner remained the lone candidate to announce his intentions to enter the race.

Then came January 13, the day of surprises and intrigue.  In what could only have been an orchestrated series of events, Senator Waugh announced his immediate resignation to take a job as executive director of the Farm Show and Expo Center, having been appointed by Governor Tom Corbett.  Later the same day Lt. Governor Jim Cawley issued a writ for a special election to be held on March 18 to fill the remainder of Waugh’s term.  Scott Wagner said he would seek the Republican Committee nomination to run in the special election and indicated he thought it would be based on the old district boundaries due to be replaced by court delayed redistricting as the 2014 primary and general elections would use the new district boundaries for the first time.  That would make sense, but as will be explained soon, he was wrong.

From there everything changed quickly as Representative Ron Miller and two others entered the quest for the GOP slot in the special election.  Controversy swirled on everything from the constitutionality of Waugh’s Farm Show appointment by Corbett, to the necessity of holding a special election apart from the primary election only 9 weeks later at an estimated $200,000 cost, to whether the whole series of events was a plot to stymie the chances of Scott Wagner because of his known differences with the party leadership.

On January 18 Scott Wagner withdrew his consideration for the special election and on January 23 Rep Ron Miller was selected to represent the GOP in the special election.  Wagner never surrendered his quest for a state senate term of his own, still intending to enter and win the primary and move on to the general election.  Subsequently, on claimed urging of supporters, Scott Wagner announced on February 17, he was renewing his effort to win the March 18 special election as a write-in candidate.

In a campaign email sent out February 25, the Wagner campaign provided information on the write-in process and the location of polling places.  Apart from his earlier beliefs, Wagner’s email indicated the special election would be based on the new district lines, not the old ones.  This raised obvious questions and concerns.

Either the winner of the special election would represent the area defined by the new district map, leaving some citizens with no representation and others with double representation, or the winner would still represent the old district, meaning that the disconnect would be in who was allowed (or denied) the vote.

A call to the York County Republican Committee office on February 26 confirmed it was the latter.  The problem was recognized at the local level.  It was explained as an oversight in the election code that failed to account for special elections in a year of redistricting transition.  The code required all elections after the beginning of the year to use the new district lines.

Perhaps it was assumed that the voter disconnect would be of little consequence since the vast majority of the district would be left unchanged.  A closer look paints the truth of the situation.  The results are rather stunning.

Based on the 2010 census Pennsylvania’s population was 12.7 million.  Each of the state’s 50 senate districts, on average, must represent about 254,000 citizens.  Identifying those areas that either entered the 28th district or were removed from it by redistricting and looking up census data for each reveals an affected population of 85,541 or 33.7%, fully one third of the total for an average senate district in Pennsylvania.

More specific, anyone living in York County Townships East Manchester, Jackson, Penn, or Boroughs Hanover, Manchester, Mount Wolf or Yoe, with a combined population of 49,815 (19.6% of an average senate district), since they were part of the old district but not the new, will be denied voting for whomever replaces Waugh in representing them.  They will be disenfranchised.  No voting machines or polling places will be available.

On the other hand, anyone living in York County Townships Chanceford, Heidelberg, Hellam, Lower Chanceford, Lower Windsor, Paradise, or Boroughs East Prospect, Hellam, Wrightsville, or Yorkana, with a combined population 35,726 (14.1% of an average senate district), since they were not part of the old district but are in the new one, will be allowed to vote for someone not representing them for the balance of the unexpired term.  Voting machines and polling places will be open where they live.

There simply can be no way to defend the validity of such an election.  The obvious remedy would have been to legislatively change the election code prior to announcing a special election in order to fix the flaw.  Scheduling the special election on the primary election day would not have corrected this problem, and perhaps would have only added confusion, even as it would have eliminated the approximate $200k extra expense.

A call to the Department of State on February 28th was met with a “not our problem” answer, that the senate, specifically the Lt Governor, called the special election, and they were just following instructions. They suggested those denied their vote could cast a provisional ballot outside their precinct but that the vote would be later rejected if not deemed cast by a qualified elector.  In this case who knows what that means?  Meanwhile what about those being allowed to vote improperly?  Would those votes be stricken?

Calls were also placed to the offices of President Pro Tempore, Senator Scarnati and Senate Majority Leader, Senator Pileggi.  In the event they may claim to be unaware of the problem, they can’t say so now.  A call to Lt Governor Cawley’s office resulted in a message for Mr Todd Kowlaski, who never returned the call.

Note: This article shared to WatchdogWire-PA