Lackawanna County Board of Elections declares Nov. 4 special election for clerk of judicial records; vote 2-0-1

The Lackawanna County Board of Elections voted 2-0-1 Wednesday to place a special election on the Nov. 4, 2025, municipal general election ballot to fill the vacant office of Clerk of Judicial Records.

Judge Neilan, a member of the Lackawanna County Board of Elections, introduced the motion (motion 25-2010) and outlined the legal basis for adding the race to the November ballot under section 1-2.206(c) of the Lackawanna County Home Rule Charter. The board approved the motion with Judge Neilan and Commissioner Gaughan voting yes; Commissioner Schirmack respectfully abstained.

The vote followed a legal review by Chief Solicitor Donald Fredericksen and a discussion of the board's authority to declare special elections without a separate directive from the county's governing body. Fredericksen told the board that Clerk of Judicial Records Marie Kelly's retirement took effect “on the second, which was yesterday,” and that the office is currently vacant. He said President Judge Gibbons had scheduled judicial interviews and anticipated making interim appointments on Thursday, Sept. 4.

The board's decision and legal discussion centered on two provisions. Board members cited section 1-2.206(c) of the Lackawanna Home Rule Charter, which calls for a special election to fill certain vacancies, and provisions of the Pennsylvania Election Code (section 26-42 and section 26-45(a)(1) as discussed in the meeting) that the board said support the board of elections’ discretion to place questions or contests on the ballot. Judge Neilan referenced Commonwealth Court decisions including a Luzerne County case from 2021 in which the court upheld a board of elections' declaration of a special election, and a July 2025 Commonwealth Court opinion, Embrescia v. Allegheny County Board of Elections (2025 WL 2092800), which likewise addressed a board of elections’ authority under a home rule charter and related administrative code.

Commissioner Gaughan said the decision was driven by a belief that “power belongs to the people, not the party bosses,” and urged that voters be given the chance to choose a replacement rather than leave the decision to party committees or back-room appointments. Commissioner Schirmack said he would abstain, saying he was not fully convinced and preferring a process that included a primary if timing permitted.

Several residents spoke during the public-comment period in support of holding a special election. Mike Janetta of Scott Township said the public should choose the county's representatives. Ashley DeFleece, a member of the Clarks Green Borough Council, and other speakers argued the special election would increase transparency and give voters a choice. Michael Cappellini, who said he intends to run as an independent, told the board he had collected more than 990 signatures in a short window and planned to file petitions after the meeting; several speakers referenced a required signature threshold of 863 for independent candidates.

The board recorded the motion as "motion to declare a special election to fill the vacancy in the office of Clerk of Judicial Records pursuant to section 1-2.206(c) of the Lackawanna Home Rule Charter to appear on the ballot for the Nov. 4, 2025 municipal general election." The motion was moved and seconded during the meeting; the transcript shows the board voted "aye" twice with one abstention, and the clerk recorded the final result as 2-0-1 in favor.

Next steps identified in the meeting: President Judge Gibbons is expected to conduct interviews and make interim appointments under the Home Rule Charter's subparagraph b at a session scheduled for Thursday, Sept. 4, while the Board of Elections will place the special election on the Nov. 4 ballot and county staff will proceed with administrative steps required to include the contest.

Observers and commenters at the meeting urged broad participation; several called attention to the required petition signatures for independent candidates and said they planned to participate in the November election. The board adjourned after other routine items and public comment.