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Middlesex, Buffalo supervisor candidates sue election bureau

Candidates in the May 16 primary election for two township supervisor positions argue in lawsuits that the county election bureau’s decision not to count write-in votes are hindering their efforts to run in the general election.

David J. McMaster, a Republican candidate for Middlesex Township supervisor, and Rinaldo Zampogna III, an incumbent Democratic Buffalo Township supervisor, filed separate suits that make similar claims.

Both suits seek a court order for the election bureau to count write-in votes cast in the primary races.

A hearing into both suits is scheduled for Thursday, June 1, before Common Pleas Court Senior Judge Robert Yeatts.

Election board solicitor Chris Furman on Wednesday said the computation board, which counts votes, decided not to count write-in votes in races in which candidates cannot cross-file to run for both party nominations.

He said candidates running for school director and district judge are permitted to cross-file, but township supervisor candidates cannot.

The suit filed on behalf of McMaster seeks to require the board to canvass, count, compute and tabulate the write-in votes and certify the person who received the most as the Democratic nominee.

In his suit, McMaster contends that he may have received enough votes in the Democratic primary to earn the party nomination.

McMaster ran unsuccessfully against incumbent Robert Brash for the Republican nomination. One supervisor’s position was open in the primary.

No candidates ran for the Democratic nomination, but Democratic voters cast 56 write-in votes. Of those votes, 34 were cast at the polls on election day, and 22 were submitted through absentee or mail-in ballots, according to election results.

On Wednesday, McMaster said he ran for supervisor more than once in the past and was elected once. In his successful campaign, he said his name appeared on both party ballots.

In one of his unsuccessful campaigns, he said he didn’t win the Republican primary, but he received enough write-in votes in the Democratic primary to run on the Democratic ballot in the general election.

“This whole case is absolutely bizarre. What they’re trying to do has never been done that way since I’ve been involved in politics,” McMaster said.

He said he would like to see the write-in votes counted in court.

His attorney, Charles Pascal, cites a 1946 ruling from the state Superior Court in the suit.

“The law of Pennsylvania has been clear for at least 77 years. Votes cast in a primary election for any person, regardless of party affiliation, will be counted, and if a person receives sufficient write-in votes, that person, regardless of party affiliation, will be declared the winner of that party’s nomination,” according to the suit.

Pascal reiterated that argument Wednesday.

“To me this is clear and straightforward. A 1946 Supreme Court case that governs this has never been questioned. It’s directly on point,” Pascal said.

Zampogna, in his suit, claims the election board confirmed that he received enough votes to earn the Republican nomination, but his name does not appear on the list of successful write-in candidates.

His suit requests a recanvassing of the write-in votes received in the township and tabulation of the results without regard for qualification of membership in the nominating party.

Zampogna’s attorney, Brian Farrington, could not be reached for comment.

Two supervisors’ positions were open in the Buffalo Township primary.

Incumbent Matthew Sweeney won the Republican nomination. He was the only GOP candidate. Of the 55 write-in votes from Republican voters, 47 were cast on election day, and eight came from absentee or mail-in ballots.

Zampogna, the supervisors chairman, won the Democratic nomination. He was the only candidate on the Democratic ballot. He said he believes he received enough Republican write-in votes to receive a GOP nomination, according to his suit.

The suit argues that the primary ballot instruction instructed voters to vote for two candidates, but only one candidate’s name appeared on the Republican ballot.

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