Candidate for Charleroi council won’t accept nomination

Chris Kennedy dropped out of the race rather than challenge a petition questioning his residency.

Four hours before a petition was filed to prevent him from appearing on the ballot for a seat on Charleroi Council in November’s general election, Democrat Chris Kennedy informed the Washington County Elections Bureau he declined the nomination.

On Monday, five Republican candidates vying for various office in the borough filed the petition in Washington County Court against Kennedy, a write-in candidate for council, to strike his name from appearing on the ballot. They claimed he used a “false/ non-permanent” address in his election paperwork and has not lived in the borough for a full year as Pennsylvania Election Code requires.

The petition was filed Monday by Councilmen Larry Celaschi and Joe Smith, mayoral candidate Ernest Merrit and council candidates Loraine Smith and Deborah Devigne.

Director of Elections Melanie Ostrander said Kennedy submitted his decision to the election bureau at noon Monday, which was the deadline for candidates to accept or decline nominations for November’s election.

Kennedy did not appear on the ballot in the May 20 primary, but filed a declaration form to the bureau April 30 to run as a write-in candidate.

While not legally mandated, filing a Write-in Candidate Declaration form with the Washington County Election Bureau is recommended to help ensure write-in votes are accurately tabulated, especially if voters use variations of a name.

In the primary, former mayor and council member Nancy Ellis was the only candidate on the Democratic ballot for one of four, four-year council seats.

Kennedy and incumbent Paul Pivovarnik both ran write-in campaigns, and both earned enough votes to receive a nomination to appear on the ballot in November.

Ostrander said to secure a nomination for their party to appear on the ballot, writein candidates must receive at least as many votes as the number of signatures required for a nomination petition for the office they want to fill.

In this case, candidates needed at least 10 votes. Pivovarnik earned 18 and Kennedy received 15.

Ostrander said write-in candidates who earned nomina- tions to run in November had 30 days to accept or decline the nomination after they received paperwork from the elections bureau.

Pivovarnik accepted his nomination, and Kennedy declined. Ostrander said the petition to strike him from appearing on the ballot was filed at 4:01 p.m. the same day.

The Mon Valley Independent received a copy of the petition Wednesday.

Kennedy reported he lives at 212 Fourth St. in Charleroi, but according to the petition that address is a commercial property only. The law states candidates must have lived continuously in the city for one year prior to the election.

Determination of residency is guided by principles such as the candidate’s fixed habitation and intent to return when absent. Temporary relocation does not affect residency if the intent to return remains. Conversely, moving to another location with the intent of making it a permanent residence would result in a loss of residency in the original location.

The petition references a June 1 article written by columnist Francis Wilkinson that includes a statement that Kennedy “sleeps in a hammock in his Charleroi office, which is stocked with meticulously organized building supplies.”

Further, it claims that “admission was witnessed in person” by Washington County Commissioners Nick Sherman and Electra Janis, Washington County Administrator Daryl Price, State Rep. Bud Cook’s aide Rachel Wilson, Congressional Aide Nate Navala, Washington County Redevelopment Authority members Robert Griffin and Nathan Voytek, Mon Valley Alliance representative Jamie Colecchi, Gina Lynn from True Fit Marketing, business owner Casey Clark, Mayor Gregg Doerfler, Code Enforcement Officer Jamie Stache and Celaschi.

The petition shifts to Kennedy’s voter status, pointing out he became registered to vote in Washington County on April 3, a little more than a month before the primary. It goes on to state that he also did not transfer his Toyota Tundra Florida license plates to a Pennsylvania plate until June 6.

For the basis of the petition’s request, it references a Pennsylvania statute, “Affidavits of Candidacy” that outlines the requirements for affidavits that candidates running for various offices must file with their nomination petitions.

It covers details such as the candidate’s residence, election district, the office they are seeking, eligibility and a declaration that they will not knowingly violate election laws or engage in corrupt practices.

Unlike objections to nomination petitions or papers, which must be filed within seven days after the last day for filing such petitions or papers, there is no statutory deadline for filing objections to write-in candidates. Pennsylvania courts have held that, in the absence of a legislative deadline, no such deadline can be imposed by the courts.

Objections to a candidate’s qualifications, including residency, can be filed under Section 977 of the Pennsylvania Election Code, which allows courts to adjudicate challenges to a candidate’s eligibility.

The objector must file a petition in the appropriate court, typically the court of common pleas, setting forth the specific objections and requesting that the candidate’s election or nomination be set aside.

All petitions and affidavits are presumed valid, with objectors — in this case Celaschi, Joe Smith, Loraine Smith, Meritt and Devigne — bearing the burden of proving that the candidate does not meet the residency requirements and must present clear evidence to overcome the presumption.

Objection petitions must be in writing and detail the grounds for the objection, such as the candidate’s failure to meet residency requirements. It must also be served on the appropriate election officials and the candidate.

Ostrander said she received the petition in person Tuesday and informed Celaschi that Kennedy had declined the nomination.

Attorney Sean Logue, who is representing the objectors, told the MVI Thursday that he and the objectors will move forward despite Kennedy declining the nomination.

“The record is clear that Kennedy isn’t a resident of Charleroi and didn’t register to vote in a timely fashion,” Logue said. “I look forward to litigating this matter.”

Kennedy declined comment on the petition. His decision means Ellis and Pivovarnik will be the only two Democrats on the ballot. However, Ellis also received the Democratic nomination for mayor and will face Merritt in the fall.

Republicans Lorraine Smith and Devigne were the lone candidates on their ticket in the primary, with Celaschi and Joe Smith, both incumbents, running successful write-in campaigns. Celaschi received 16 votes and Smith had 14, and they both accepted their nominations.

If Ellis wins her bid for mayor and council, she would have to decide which office she wants to hold. Borough leaders would be required to fill the remaining position.