Bognet files legal action over Luzerne County election

Republican Congressional candidate Jim Bognet has filed a civil suit against Luzerne County’s citizen Election Board related to paper shortfalls that caused problems in the Nov. 8 general election.

Bognet, who did not win the race against incumbent Democrat Matt Cartwright based on unofficial results, is asking a county judge to issue the following:

• A writ of mandamus compelling the election board to complete the general election reconciliation process before certifying the results.

• A declaratory judgement prohibiting the board from foregoing any aspect of the reconciliation process under state law.

• An injunction prohibiting the board from certifying the election results until it has completed the reconciliation process.

Election Board Chairwoman Denise Williams had said Monday that the both an audit and reconciliation would be completed before the board votes to certify the results. The certification is scheduled for 10 a.m. on Monday, Nov. 28.

During a Tuesday morning hearing on Bognet’s filing, county Acting Election Director Beth McBride testified under oath that the reconciliation will be completed by 5 p.m. Wednesday and furnished to both the election board and Bognet’s campaign, officials said.

Bognet’s filing remains on the record for now, with no further action by the court.

What is reconciliation?

According to Bognet’s filing, boards must compare the numbered list of voters to the votes cast at the polls, account for and reconcile all balloting materials and reconcile all tally papers and district total cards with the results on the general return sheets.

When a board finds discrepancies, it is required to investigate to determine the reason for the anomaly, and in certain circumstances, report it to the district attorney, his filing said.

“Importantly, the certification of the election should not occur until the reasons for the discrepancies are explained to the board. These basic safeguards are designed to preserve the integrity of elections and give the populace confidence that each vote was counted. The failure of a board to complete the reconciliation process not only directly violates the Election Code, but also needlessly casts even greater doubt about whether the election in Luzerne County was ‘honestly, efficiently and uniformly conducted,’” said the filing from Bognet, who is represented by Walter S. Zimolong III, of Villanova.

According to the latest state unofficial tally, Cartwright received 145,359 votes, while Bognet had secured 138,221.

In response to Bognet’s Monday filing in the county Court of Common Pleas, Cartwright and the Democratic Party’s national congressional campaign committee filed a petition to intervene as a defendant in the action.

Cartwright’s filing said Bognet lost the 2022 general election for the state’s Eighth Congressional District to Cartwright by over 7,000 votes. It described Bognet as a “serial litigant when election matters do not go his way.” Instead of conceding, Bognet “raced to the courthouse door and now demands an injunction prohibiting defendant Luzerne County Board of Elections from certifying the election results,” the filing said.

The requested injunction would “directly harm” Cartwright by delaying certification of his victory and timely seating in office, it said.

Cartwright also filed a response arguing the court should deny Bognet’s requested relief and dismiss the case with prejudice.

In a release issued Tuesday afternoon, Bognet said the purpose of the filing was to ensure every vote is counted, regardless of party.

“The public testimony of Luzerne County voters concerning their experiences on Election Day was heartbreaking,” Bognet said. “It is clear that an unprecedented Election Day fiasco took place in Luzerne County.”

His release said many polling precincts were closed for hours due to the paper shortage, and some voters were turned away without being able to cast their vote. Other precincts forced people to vote on a voter-created emergency or provisional ballot, he said.

The reconciliation will provide a precinct-by-precinct comparison of the number of voters signed in to vote and the number of ballots counted.

“Every citizen that believes in the sacred right to vote should join in demanding that this reconciliation be completed immediately and prior to any certification of the vote in Luzerne County,” Bognet wrote.

The county court had granted a two-hour extension of voting at the polls on Nov. 8 to help voters disenfranchised due to the paper issues.

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.