Losing candidate in Robinson vows to fight on
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The Robinson commissioners' election results finally were laid to rest last week when Allegheny County Common Pleas Judge Joseph James upheld the absentee ballot totals and declared the election was fair.
Defeated commissioner Jerry Brouker has vowed that the proper questions will be asked in the future.
"We have just now begun a really good fight," Mr. Brouker said.
Mr. Brouker, a Republican, finished behind Republican newcomer Jesse Forquer by 35 votes, Democratic incumbent Ron Shiwarski by 68 and Republican incumbent Stephanie Triko-Selelyo by 194.
The three winners will join holdover Democrats Dan Tallon and Sam Abatta so Democrats will maintain a 3-2 majority.
Throw out the 255 absentee ballots cast in the Nov. 3 election, though, and the results would be different. Mr. Shiwarski, who got 186 absentee votes, would have slipped to fourth behind Mr. Brouker, who got only 59.
Mr. Brouker would then be joining Mr. Forquer and Ms. Triko-Selelyo to create a rare Republican majority on the township board. That lost opportunity and the discrepancy between the votes cast on election day and the absentee ballots have Mr. Brouker questioning the system.
"How can absentees be skewed so much?" he wondered the day after the election. "Are they legitimate, or are they not?
Mr. Brouker said it is the third time in the last five commissioners' races that a Republican has won among votes cast on election day, but has lost because of absentee ballots. He also noted that there were more absentee ballots cast this year than last year, even though last year's presidential race drew twice as many voters overall.
But if the balloting rules were bent, no one will ever know. The GOP did not challenge absentee ballots on election day, and an after-the-fact appeal concerning 80 of the 255 absentee ballots fizzled Dec. 3 in court.
Mr. Brouker filed that appeal Nov. 23, claiming that certified poll watchers in three precincts were barred from the process as absentee ballots were opened and tallied. Testimony also showed that in two precincts, the ballots were tallied before the polls closed at 8 p.m.
But Mr. Brouker missed the deadline to challenge the validity of the votes, and could only ask Judge James to discipline the elections workers. Judge James said he would meet with the Allegheny County elections division to address the problems.
Mr. Brouker hailed that as something of a victory.
"Judge James issued his order, and I'm confident it will be followed through," he said. "I think it sends a message that there will be scrutiny on these elections in the future."
County Republican Chair Monica Douglas said the challenge was worthwhile because it shed some light on the topic.
"Absentee voting is a sacred right, and those using it should not let anyone control them," she said.
By law, absentee ballots can only be used when the voter is too ill or disabled to go to the polls, is out of town due to "duties, occupation or business" or cannot leave home because of a religious holiday.
Applications are due a week before the election and completed ballots are due on the Friday before the election. Lists of those voting by absentee ballot are available the day before the election, and are to be posted in each polling place before the polls open.
The ballots are taken to the voters' polling places to be opened after the polls close.
According to elections division Director Mark Wolosik, there is a $10 fee to challenge an absentee ballot. Those that are challenged are returned unopened to the elections division, which will schedule a hearing. If the challenge is upheld, the $10 is returned to the challenger.
"Apparently the answer is to go around and knock on doors," Mr. Brouker said. "So I guess that's what we'll do."
Mr. Wolosik said such challenges are "not unusual," but that he's never seen hundreds or even dozens challenged in any one election.
"We made an error not challenging them ahead of time," Mr. Brouker said. "We need to challenge them moving forward."
First Published December 10, 2009 12:00 am
