Elections board includes Burke on primary ballot

Council hopeful had candidacy challenged

HOLLIDAYSBURG -- Those in charge of Blair County's elections agreed Tuesday to include the name of Hollidaysburg Borough Council candidate Sean Burke on the May 18 primary ballot, even though a state appellate court has yet to rule on a challenge to Burke's candidacy.

The county elections office is facing several deadlines for the May 18 primary and needs to move forward with preparation tasks, Director of Elections Sarah Seymour said Tuesday during an elections board meeting to consider the pending matter.

Seymour said that if she and her staff move ahead with ballot preparation tasks and the state court invalidates Burke's candidacy, then her office can post a notice at the borough's 4th Ward, advising that votes for Burke cannot be counted.

If the appellate court rules in Burke's favor, then Burke will already be on the ballot, Seymour said.

Election board members Amy Webster and Bruce Erb voted in favor of the plan, while fellow election board member, Laura Burke, abstained because the candidate is her husband.

The dispute over Sean Burke's candidacy developed in March when Kirk Saleme, another candidate for the 4th Ward council seat, and Richard Latker, who also resides in the 4th Ward, filed a petition with the county court questioning the validity of voter signatures on Burke's candidacy petition.

Clearfield County Judge Paul E. Cherry convened a March 19 hearing to address the matter, then on March 23, ruled that Burke had the option of amending his campaign petition to address a signing error. One of the voters in his ward signed his petition, but put her signature in a space allocated for a date. Cherry said his review of the law concluded that Burke should be allowed to cure the error through an amendment. Once completed, then Burke will have 10 valid signatures, Cherry said.

Saleme and Latker, who had taken a position against that option and raised an additional challenge to signatures on Burke's petition, appealed to Commonwealth Court for intervention.

Commonwealth Court didn't know until April 1 that the pending appeal involved an election issue, solicitor Nathan Karn told the Elections Board Tuesday.

When speaking to court personnel that day, Karn said he believed that the court was going to expedite action on the matter.

In a followup letter, Karn asked the court to take action by April 9 so the county elections office could move forward with preparation for the May 18 primary.

Online records show the commonwealth court rendered an order April 1, giving those involved in the appeal until April 9 to file legal briefs on the merits of the appeal.

Records show Saleme and Latker filed briefs and supplemental documents April 5 and 6.

Burke filed a legal brief on April 9.

Mirror Staff Writer Kay

Stephens is at 814-946-7456.