Ballot mailings to Westmoreland voters await court action

Apr. 18—Nearly 22,000 mail-in ballots are scheduled to be sent out to Westmoreland County voters this week, but a dispute over the candidacy of two Republican candidates for commissioner might put that delivery on hold.

The Pennsylvania Supreme Court is considering whether to hear an appeal filed Monday by the county's GOP Committee Chairman Bill Bretz of a lower court ruling that permitted GOP candidates John Ventre and Paul Kosko to continue their campaigns.

Westmoreland elections bureau Director Greg McCloskey said ballots originally were set to be mailed April 20 but will be delayed at least a day.

"We're only a day behind right now from where we were thinking, but we will pull the plug if we have to," McCloskey said.

Bretz claims Ventre and Kosko did not properly file required documents to seek party nominations in their bids to unseat incumbent Republican commissioners Sean Kertes and Doug Chew. A third Republican challenger, Patricia Fritz, is not part of the lawsuit, and her name will appear on the May 16 ballot.

The challengers filed paperwork with the elections bureau but not with the chief county clerk, a requirement to qualify to appear on the ballot, according to the Bretz lawsuit.

Bretz's attorneys are challenging a Commonwealth Court ruling issued earlier this month that affirmed a decision from Westmoreland County Common Pleas Court Judge Jim Silvis to allow Ventre and Kosko's names to appear on the May ballot. Silvis ruled existing election laws do not require candidates for county office to file multiple financial disclosures with separate county offices.

The Supreme Court ordered lawyers for Ventre and Kosko to respond to the appeal by noon April 21.

Ventre, in an email, criticized Bretz for continuing his effort to shape the Republican primary.

"Bretz tried twice (in court) and failed. ... This case is about county precedent, not state law, and protects candidates in the 60 counties that are not Home Rule. More importantly, the people, not the party, must choose their commissioner candidate," Ventre said.

McCloskey said the court actions have yet to cause any major delays.

The county this week completed routine testing of its computer voting machines that will be used in the May 16 primary as preparations continue to send mail-in ballots to voters.

As of Tuesday, the county has received requests from more than 16,600 Democratic and 5,300 Republican voters for mail-in ballots. Applications will be accepted through May 9.

"Act 77 says ballots must be mailed out two weeks prior to the election. Our preference is to get ballots out sooner rather than later," McCloskey said.

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich by email at rcholodofsky@triblive.com or via Twitter .