Jennifer Gilliland Vanasdale

Visiting Senior Judge Kenneth Valasek denied a request by judicial candidate Jennifer Gilliland Vanasdale to conduct an informal, internal recount of absentee ballots. Vanasdale's attorney Sean Logue appeared in a hearing Tuesday before Valasek, along with Bureau of Elections Director Shari Brewer and her department's attorney, Kathleen Goldman. Vanasdale was not present.

Logue, a Pittsburgh-based attorney, said that absentee ballots tipped William “Wink” Robinson into winning the Democratic nomination for Court of Common Pleas judge by six votes, and that Vanasdale is interested in self-validating that count.

“I conclude that the petitioner is not entitled to the informal recount that she requests because there is simply no provision for it in the Pennsylvania Election Code,” Valasek said in denying Vanasdale's request. “At this point in time, the only remedy that the code provides for her is a formal recount as provided in the election code.”

After the hearing, Logue said that Vanasdale was in the middle of deciding whether to pursue a formal recount.

“Jennifer's number one priority has been to ensure a fair election,” Logue said. “While we're disappointed with his decision, we respect the decision of the judge.”

A formal recount, Logue noted in the hearing, would cost both the county and Vanasdale money.

To skirt that cost, Logue argued he's previously examined absentee ballots on behalf of candidates, and under the affirmation of a judge, three times in Washington County. That method can satisfy a candidate's questions without the long, expensive process.

If approved, Logue would have examined just the ballots themselves, not their containing envelopes with voters' personal information on them.

The law doesn't specify one way or the other whether such an informal recount process is allowed, he said.

That, Goldman said, is why Valasek ought to throw out the request. Goldman is a special solicitor serving the election bureau for the judicial race.

“There is a provision for this in the code,” Goldman said. “It's called a recount, your honor.”

Matt McCune, an attorney representing Robinson, joined Goldman to push back against Logue's request. McCune argued that Logue's informal look might bring its own political biases into a careful process.

“He says no one would be prejudiced,” McCune said. “But I think Wink could very much so be prejudiced by this.”

In his statements explaining his rejection, Valasek noted that Vanasdale and her representatives could have watched and tallied absentee ballots when they were counted, rather than waiting to question results now.

Vanasdale remains dogged.

“It's not over,” Vanasdale said. “I'm even more determined.”

With final canvassing going through, a five-day countdown begins Wednesday during which Vanasdale could petition to begin a recount process, according to Pennsylvania state law.

Brewer said she wasn't clear exactly how the recount process would function were Vanasdale to pursue that course of action. She said the county bureau hasn't had to do a recount for a local race since she's been in the office.

The process can get expensive quickly. There are 89 voting precincts in Butler County, and code indicates that three qualified electors from each district would need to petition at a rate of $50 a piece.

A spokesman for the Department of State was asked for clarification as to exactly how many petitioners would be required, how much the matter would cost and whether every precinct would have to be involved or just a selection, but was not able to immediately provide information.

Despite a margin of only six votes, the race did not trigger an automatic recount because it isn't a statewide race. Statewide races within a 0.5 percent margin trigger an automatic recount. The margin in the Democratic primary between Vanasdale and Robinson was 0.06 percent, with a vote count of 3,194 to 3,188 in Robinson's favor.

The margin was wider in the Republican primary. Robinson won the GOP nomination with 6,196 votes to Vanasdale's 4,224.