During an hour-long hearing in front of Berks County Judge James Lillis, attorneys representing the county and Berks County Republican Committee laid out their reasons for why petitions for election recounts could or shouldnt be granted. in English from Immaculata College and her J.D. A court order extended the polls in Berks by one hour on election night in response to an electronic poll book problem at some polling places. There was an error processing your request. color: white; According to The Philadelphia Inquirer, the recount effort at Berks was part of a nationwide attempt by supporters of failed gubernatorial candidate Doug Mastriano to flood Pennsylvania courts with petitions aimed at forcing hand recounts. Ludgate Berks County Court of Common Pleas: J. Benjamin Nevius Berks County Court of Common Pleas: Thomas G. Parisi Berks County Court of . Now, that court has backed up Lillis original decision. Kauffman said this request falls outside the scope of what is permissible under the provision and is an improper attempt to gain access to information without going through the proper requirements and procedures in the election code and Right-to-Know law. Email notifications are only sent once a day, and only if there are new matching items. It also points out that the county provided the Berks County Republican Committee with the statutorily required notice to attend the logic and accuracy testing of the voting machines, which is a process designed specifically to ensure they are functioning correctly prior to the election. Court Watch Review. We are pleased that the opinion affirms Judge Lillis initial ruling and believe the courts continue to follow the law as outlined in the Election Code and interpreting caselaw.. The live site is https://www.co.berks.pa.us Berks County Court of Common Pleas: Scott E. Lash Berks County Court of Common Pleas: Stephen B. Lieberman Berks County Court of Common Pleas: James M. Lillis Berks County Court of Common Pleas: Linda K.M. But, he added, that would mean dozens of voters would have been making the same mistake at precincts across the county. Magisterial District Judge 39-3-03: Fannett Township, Hamilton Township, Letterkenny Township, Lurgan Township. background-color: grey; background-color: green; The Order was filed in the Prothonotary's Office of Berks County on June 23, 2016. display: inline-block; READING, Pa. The Berks County commissioners voted unanimously Thursday to deny a challenge by David McCormick, a Republican candidate for U.S. Senate, that asked the elections board to not count provisional ballots cast after 8 p.m. on May 17. @0 % @%r @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @9? y?- )P n\a @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ NK7gOKr Berks was forced to defer confirmation of the election results pending the outcome of the petitions. } Judge Barrett's Court; Judge Lillis's Court; color: black; On November 26, 2018, the Pennsylvania Office of Open Records issued one of its periodic email topic alerts reporting on and linking to these two Court decisions. 3. .widget-row.heading {

font-weight: bold; We are satisfied with his verdict and believe that it correctly reflects the law as described in the electoral code and interpretation of case law.. Wolf ordered all state flags at the Capitol Complex in . Jill Gehman Koestel. There was a problem saving your notification. background-color: #f9f9f9; font-size: .9em; The county states that this request falls outside the scope of what is permissible under the provision and is an improper attempt to gain access to information without going through the proper requirements and procedures set forth in the election code and Right-to-Know law. This would be a very different conversation if these voters requested a recount based on actual evidence, he said. Winter said that allowing the verification of signatures on mail ballots would ensure there were no forged ballots cast. y !1 AQa"2Bq#3R$br4% background-color: #f9f9f9; We had our hearing on Dec 1 in the Court of Common Pleas. During an hour-long hearing in front of Berks County Judge James Lillis, attorneys representing the county and Berks County Republican Committee laid out their reasons for why. The petitions were filed under a little-known provision of the state elections law that allows a districts results to be recounted if three voters from the district pay $50 and petition the district court believing there was fraud or error appeared. Ballotpedia does not currently cover this office or maintain this page. 0000000916 00000 n The live site is https://www.co.berks.pa.us Chief among them is that no fraud or error was committed in the computation of the votes cast or in the marking of the ballots. } Mercer reminded the board that under state law, the county may not count the provisional ballots for two days after the elections board ruling to give the campaign adequate time to file an appeal, should it wish to do so. .widget-row.Green { I dont think an undated envelope is a fatal flaw, Barnhardt said. Madelyn S. Fudeman. The county argues that the provision does not require a hand recount but merely requires that the vote should be recounted by people designated by the court. (610) 678-5393 Fax. color: white; Apply today! color: black; When asked by the judge whether the committee would hire handwriting experts to verify the signatures, he said he believes that bringing in experts would not be necessary to complete the task. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Third Circuit Court of Appeals U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania, Supreme Court of Pennsylvania However, he said, he does not know if his client has an interest in appealing. Mike Urban joined the Reading Eagle as a metro reporter in 2002, and since then has covered a wide range of beats and topics across Berks County, including working as an investigative reporter. Get local Breaking News alerts sent directly to your inbox. .widget-row { To examine the outer envelopes of all mail ballots cast by Berks voters to compare the signatures with the voter signatures on record in the Statewide Uniform Registry of Electors System. Both sides had a chance Thursday to make their cases. Pennsylvania Superior Court Before arriving at the Reading Eagle, Karen covered policy issues in Harrisburg and Washington for LNP. border:1px solid #FFB81F; margin-bottom: 0; The Judge asked for both parties to submit additional documentation by 4 PM on Dec 2. Prior to his election, Nevius was a commercial litigation partner at Fox Rothschild. .widget-row.Libertarian { Yatron earned a bachelor's degree in political science and history from . 0000000839 00000 n .widget-img { He said if no specific charges were filed, motions would have to be made in all 202 counties for a recount to take place. r?; Y n\a @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ NC6g?(P n\a @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ #kK Winter conceded there is no way to match the individual voter with their ballot, but argued the list will serve as a check on the system to ensure the voting systems captured the correct number of votes. Posted in Court Decisions. If you would like to help our coverage scope grow, consider donating to Ballotpedia. File a Formal Complaint . clear: both; Madelyn S. Fudeman and Theresa Johnson were also on the ballot, competing for two open seats. 3. IWa~#m8#&N7} N!KJX Thats a fatal defect of these petitions, he said. A Berks County judge has dismissed petitions filed by the Berks County Republican Committee seeking a recount of ballots cast during the general election at 30 precincts across the county. Adult Probation & Parole Home; Contact APO; . McCormick has also filed petitions in the Commonwealth Court and with the Pennsylvania Supreme Court to have undated and unsigned mail-in ballots counted, in opposition to current law. There is not a requirement of evidentiary background.. This becomes clear when we see their campaign challenging a duly entered court order to not count votes, and then in the same meeting, call for the counting of votes of undated or unsigned ballots. My life-experiences will allow me to handle this incredible responsibility, with unwavering ethics and strict respect for the laws of our land. } Eleni Dimitriou Geishauser. Both the Republican and Democratic committees were united in a petition to the county to extend the voting by one hour. Pennsylvania Commonwealth Court Error! A statement from the district welcomed the decision. xref In the motion filed Wednesday, the county states that the petitions should be denied for a variety of reasons. } On November 26, 2018, the Pennsylvania Office of Open Records issued one of its periodic email topic alerts reporting on and linking to these two Court decisions. Dui Lawyer Berks County - If you are looking for experienced, award winning dui lawyers then try our trusted service first. And, he said, if fraud or error is found on those recounts it would trigger a full recount at all precincts. color: white; READING, PA 19608 Tel. Jnp`! When confronted by police, Talarico removed his clothes and fled into the woods. from the Dickinson School of Law.. Career The county now plans to certify the results at an elections board meeting Thursday. Talarico took investigators to that spot, and they recovered the firearm. She covers county government as well as policy issues at the state and federal level with a local focus. 8 7 text-align: center; } Tips to help protect your smartphone from thieves, What the Tech? Karen Shuey joined the Reading Eagle staff in 2015. Winter said election law allows for recounts at individual precincts. Two unverified petitions were presented to Judge Lillis, and thats important because under the rules, a petition must be verified if they contain facts that are not of record. padding-left: 10px; McCormick is specifically challenging the 215 provisional ballots cast during the extended hour. margin: auto; It says the petitioners failed to plead and verify specific acts of fraud or error, while not asking for a recount of all votes cast for the office in question across the county. Berks County election officials believe petitions that have been filed demanding recounts in 30 precincts are without merit and should be dismissed, paperwork filed Wednesday shows. 8 0 obj <> endobj The committee wants the county to make all voting equipment, including the voting machines, available for inspection and testing. padding-left: 10px; An effort to force recounts in 30 Berks County precincts had its day in court Thursday. The committee said it filed the petitions after receiving complaints from some voters that voting machines were converting the votes cast for Republican candidates for governor and the US Senate into votes for the Democratic candidates. font-weight: bold; } Dec. 6 A Berks County judge has dismissed petitions by the Berks County Republican Committee seeking a recount of ballots cast during general elections in 30 counties in the county. background-color: grey; .widget-row.value-only { Examination of the outer envelopes of all absentee ballots submitted by Berks voters to compare the signatures with the voter signatures recorded in the Statewide Uniform Registry of Electors system. Please, 100 largest cities in America by population, Pennsylvania judicial elections, 2013 - Courts of Common Pleas, https://ballotpedia.org/wiki/index.php?title=Eleni_Dimitriou_Geishauser&oldid=7288560, Pages using DynamicPageList parser function, Pennsylvania common pleas court judges, Berks County, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. 1. And, in a county that uses an electronic voting system, the recount can be done using electronic devices of a different type used for the specific election. We are glad to see that the honorable court upheld the rule of law and did not abide by conspiracy theories, he said. '@%. His practice includes representing clients about Right to Know Law matters before the Pennsylvania Office of Open Records, Common Pleas Courts and Commonwealth Court. She is a graduate of Temple University with a degree in journalism. The committee has made four requests in the petitions: A manual recount of all paper ballots generated by the voting machines, as well as all mailed, absentee and provisional ballots. background-color: #f9f9f9; Click here to contact our editorial staff, and click here to report an error. text-align: center; padding-left: 10px; display: inline-block;

hearing held, Judge Lillis again denied Appellant's request. Pennsylvania's judicial elections included a primary on May 19, 2015, and a general election on November 3, 2015. The McCormick campaigns actions are clearly being made based on political expediency versus a real concern for the law, Leinbach said. display: inline-block; J. Benjamin Nevius is a judge for the Berks County Court of Common Pleas in Pennsylvania. } Pennsylvania Right to Know Law 65 Pennsylvania Statute 67.101 et seq. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Third Circuit Court of Appeals U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania, Supreme Court of Pennsylvania That may have prevented some Berks County voters from casting votes during the first hour or two of the primary election. 26There are five candidates seeking the Democratic and Republican nominations in the primary for two judgeships on Berks County Court. A0 @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ S r @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @=&bqI*wxwd(]>S? :A @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ ?bs He @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @$\a @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ K ]9 YE @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ J ( *a &1H :E @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ p 3 Y -@0 ) n @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @<7 r @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @L4[_" Karen Shuey joined the Reading Eagle staff in 2015. } County election officials fought the petitions, saying they were unfounded and should be dismissed. .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { )0mpuJ

float:right; He also argues the petitions are too narrow. Nov. 30Berks County election officials believe petitions that have been filed demanding recounts in 30 precincts are without merit and should be dismissed, paperwork filed Wednesday shows. After the killing, he cleaned up the bedroom d by picking up the shell casings ejected from the gun. The Hon. The county now plans to confirm the results at a meeting of the election board on Thursday. Leinbach noted that the reason the commissioners did not object to the petition to Lillis was because they wanted to be fair to any affected voters who were unable to cast ballots in the morning of May 17. It should not be necessary for the petitioners to have to provide evidence, he said. Under certain circumstances, the judge may overrule the jury's determination or damage award. 	width: 43%; 	 

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The committee has said they filed the petitions after receiving complaints from some voters that voting machines were changing votes cast for Republican candidates for governor and U.S. Senate to ones for the Democratic candidates. background-color: #f9d334; A state Commonwealth Court judge has dismissed an appeal by the Berks County Republican Committee seeking a manual recount of votes cast in a handful of precincts during the 2022 general election. On February 5, 2020, Appellant filed the Petition [at . Attorney Eric Winter, who argued on behalf of the Berks County Republican Committee, said shortly after the order was available late Tuesday morning that he had yet to see it and review it with his client. color: white; Decision Clarifies Requirements for Affidavit of RTK Officers, Commonwealth Court Imposes Fines for Bad Faith Response to PA RTKL Request, Pennsylvania Supreme Court: Open Records Officer's Delegation of Search For Responsive Records Deemed Bad Faith; Attorneys' Fees Awarded, ordered the City of Reading to pay $12,071.75 in legal fees, ordered Pennsylvania Department of Corrections to pay $118,458.37 in legal fees, PENNSYLVANIA FREEDOM OF INFORMATION COALITION, PENNSYLVANIA'S UNIFIED JUDICIAL SYSTEM PUBLIC ACCESS TO COURT RECORDS, WHERE TO OBTAIN COMMONLY REQUESTED RECORDS, Recent OOR Determination Clarifies Appeal Deadline. The Honorable James M. Lillis of that court granted summary judgment to Brobst Sr. and a judgment for possession which granted him sole ownership and the sole right to possession of the Real Property by Order signed on June 22, 2016. .widget-key { background-color: red; There were no facts at all presented to Judge Lillis; witnesses were not called; evidence was not presented and testimony was not taken.. This is a development website: This website is the development website for the County of Berks. Geishauser ran for election to the Berks County Court of Common Pleas. The decomposing body of the 41-year-old woman was found July 13 following Talaricos arrest near Bloomsburg, a nearly two-hour drive from Reading, on unrelated crimes while driving her vehicle. County election officials are fighting the petitions, saying they are without merit and should be dismissed. } Judge Stacy Wallace, in a decision issued Tuesday, said the rules to allege election fraud were not followed by the committee. The Berks County Board of Elections submitted a response to petitions that were filed last Monday in county court. Jeff Bukowski, an attorney representing the Oz campaign, said the provisional ballots were cast by voters through no fault of their own. Talarico was interviewed and told investigators that he had shot Moyer twice in the apartment they shared. Jason Ulrich, an attorney for the Berks County Democratic Committee who joined the county in opposing the petitions in court, said Tuesday that the organization is also very pleased with the ruling. University of Pittsburgh School of Law, 1982, .infobox { .widget-row.Republican { .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { } First Assistant County Solicitor Cody Kauffman said the problem on primary election day was a rapidly evolving situation and that a joint petition was filed without knowing -at that time- which precincts were having issues with the electronic poll books. Judge Lillis's Court Currently selected. (610) 678-4571 Website: springtwpberks.org RE-ORGANIZATION MEETING MINUTES . .widget-row.value-only.black { She covers county government as well as policy issues at the state and federal level with a local focus. O If you would like to help our coverage scope grow, consider donating to Ballotpedia. .clearfix { Berks County 23: President Judge Honorable M. Theresa Johnson Court of Common Pleas of Berks County Berks County Courthouse 633 Court Street . The Berks County Democratic Committee is happy that the Commonwealth Court upheld the opinion of the Common Pleas and supported clean and fair elections, he said. color: black; As Petitioners did not satisfy either requirement, the Court affirms Common Pleas order, Wallace wrote in her 26-page ruling. Original decision his election, Nevius was a commercial litigation partner at Rothschild... 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