Judge Nealon appointed to fill election board vacancy
Lackawanna County Judge Terrence R. Nealon will fill a vacancy on the county Board of Elections created by former Commissioner Matt McGloin's resignation.
Per the state Election Code, commissioners make up the election board in years when the office of commissioner isn't on the ballot. When a member of a board of commissioners is a candidate for nomination or election to that or any other public office, the code tasks the president judge of the county Court of Common Pleas with appointing 'a judge or an elector of the county' to serve in their stead.
While that isn't the case this year, McGloin's late February resignation as commissioner also created the election board vacancy. Donald Frederickson, the solicitor for both the county and the election board, sent county President Judge James Gibbons correspondence last week asking Gibbons to appoint someone to fill the vacancy for the upcoming primary election May 20.
Among other duties, the election board appoints election workers, sites polling places, approves election ballots and ultimately certifies election results. Last year, McGloin and fellow Democratic Commissioner Bill Gaughan, acting in their election board capacity, approved the use of several secure ballot drop boxes for November's presidential election over Republican Commissioner Chris Chermak's objections.
In an order dated Monday, Gibbons appointed Nealon to fill the election board vacancy 'until further Order of this Court.'
The controversial process of filling McGloin's commissioner seat, meanwhile, remains ongoing. Gibbons paused that process last week after Gaughan and the county challenged it in court.
A panel of three senior county judges — Carmen D. Minora, Robert A. Mazzoni and Vito P. Geroulo — who will hear arguments and rule on issues raised in a petition Gaughan and the county filed with the court last week. At issue is which replacement process ought to be followed to fill McGloin's seat: one established by the county's Home Rule Charter involving the Lackawanna County Democratic Committee or an alternative process prescribed under Pennsylvania Rule of Judicial Administration 1908 involving the county court alone.
The Home Rule Charter process played out last month and saw the committee advance three candidates for consideration by the county judges. They include former county economic development Director Brenda Sacco, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey.
A March 6 court order signed by former President Judge Trish Corbett maintained but reset that clock on that process, giving the committee five days from the date of the order to furnish the court with three candidates. County Democratic Party Chairman Chris Patrick ultimately resubmitted the same three names to the judges.
The court order violated Rule 1908 and should be amended, Gaughan and the county contend. Rule 1908 says the county court, not a political party, 'shall receive applications from any interested candidates for the position' pursuant to a deadline established by the court.
The amendment Gaughan and the county seek would effectively remove the Democratic Committee from the process. Chermak, meanwhile, seeks to remove the county as a party to Gaughan's legal action.
When the three-judge panel might schedule proceedings in the matter remains to be seen.
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