Lebanon mayoral candidates Scott Church and Sharon Zook will not appear on the May primary election ballot following a legal challenge on Friday in Lebanon County Court.
Lebanon County President Judge John C. Tylwalk ruled that neither Church nor Zook had at least 100 valid signatures on their petitions as required by state law following a challenge initiated by Lebanon city Mayor Sherry Capello.
On Monday, March 17, Long-Brightbill attorney Greer Anderson filed petitions objecting to the petitions of Church and Zook on behalf of four-term incumbent Capello.
Read More: Church, Zook to represent themselves in challenges filed on Capello’s behalf
In both cases, Anderson argued before Tylwalk that deficiencies in signatures would bring both Church’s and Zook’s petitions below the 100 signature minimum required for city offices if they were invalidated by the court. There are seven potential deficiencies for signatures, including among them the electors not being registered properly or at all (such as at a different address, under a different party, or outside the city).
Church, who is a Lebanon-based professional photographer, had submitted 181 signatures, but Capello’s complaint stated 108 of those signatures contained deficiencies, leaving him with only 73 valid signatures.
Capello’s complaint against Zook, a professional cabinet designer, stated that 22 signatures of the 112 on her petitions were believed to be invalid.
On Friday before her hearing, Zook presented to Sean Drasher, Lebanon County elections director, additional information for four petition signers that were discussed during her hearing. Drasher told Tylwalk as an expert witness that those signatures were valid.
Tylwalk then ruled that those signatures were valid. However, that left her with 94 valid signatures, six short of the required 100 to be placed on the primary ballot.
During separate hearings before Tylwalk, Capello testified that she focused on whether the signatures on both of her opponents’ ballots were from registered Republican voters who live within the city.
In the case of Church’s petitions, Capello noted during testimony that a number of signatures were illegible, adding that she spent hours ascertaining names and verifying their home addresses.
While Zook did not ask any questions of Capello or Drasher during her hearing, Church asked the mayor for her home address during his hearing, which was the first to be held.
Church asked Tylwalk to dismiss Capello’s case based on what he called “too many Sherry Capellos” in the city.
Church stated at the time he received from voter registration the list of registered Republican voters with Lebanon addresses, Capello’s residence was listed in the 300 block of East Grant Street. Her address was later changed to another location in the northern section of Lebanon city.
Church argued that the veracity of the required signed petitions was the point of the court proceedings, adding that causes a problem. Both Church and Zook represented themselves in their respective hearings.
“Either the (provided) list is wrong or the filing is wrong, both can’t be right,” Church said. “I ask the court to put aside the complaint.”
Anderson argued that the residency issue was not an either/or, and that a candidate can move within the city as long as that individual notifies voter registration of the change in their address.
“This hearing is not a formality,” Anderson said to Tylwalk. “The candidate did not meet the standard to get 100 signatures. She (Capello) moved and notified voter registration that she moved.”
Tylwalk ruled that moving is not a basis to have Capello’s objections dismissed. The judge then ordered the 107 signatures were invalid, meaning Church was off the mayoral ballot since he did not meet the minimum threshold of 100 valid signatures for his petitions.
Capello offered similar testimony during Zook’s hearing, adding that she focused on the addresses of the signers of her petitions.
Immediately before making the ruling against Zook, Tylwalk commended Drasher and the county’s voter registration staff for their efforts in reviewing the signatures and residency information on Church’s and Zook’s petitions.
Lebanon County solicitor Matt Bugli told LebTown after the hearing that both candidates could appeal their cases to a higher court. However, the court would be limited to ruling on information presented to Tylwalk during the hearing, meaning any potential new evidence would not be permissible.
Following his hearing, Church spoke to the press and said the challenge to his campaign has “lit a fire within him” to serve in some capacity within Lebanon city government, adding there’s a line of individuals waiting behind him looking for their chance to serve, too.
After stating he’ll have “more of a presence with city government,” he announced he’ll be “running for mayor for the next four years.”
Capello said after the hearing that she found discrepancies in addresses from all over Lebanon County, including Cleona and Fredericksburg, among others.
“Why should those people have a say in this city’s election?” Capello said after the hearing. “They don’t have a right to determine who should be on a city ballot. It should be our people who determine who’s on the ballot and who the choices are, and so that to me was the most blatant item I found fault with. It should be city residents who determine who their choices are.”
She also referenced an informative session in late January sponsored by voter registration for individuals interested in running for office. LebTown reported that the meeting’s purpose was “to promote a ‘smooth election’ and empower residents to run for office, regardless of political affiliation.”
Read More: Lebanon County Bureau of Elections hosts ‘how to run for office’ seminar
Capello, Church and Zook were all cordial with each other, with Capello sharing individual pleasantries following the respective hearings of her would-be opponents. Following the end of the second hearing, Capello was seen with a smile on her face and she patted the right shoulder of her attorney.
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