Lackawanna County election board votes to place special commissioner election on Nov. 4 amid legal dispute

The Lackawanna County Board of Elections voted 2–0 with one abstention on Aug. 29 to declare a special election to fill the county commissioner vacancy and place that race on the Nov. 4, 2025, municipal general election ballot. The board postponed consideration of a separate special-election motion for the Clerk of Judicial Records until a continued meeting on Sept. 3, 2025, at noon.

The vote followed more than three hours of legal briefing and public comment about whether the election board has the authority to initiate a special election or must await action by the county commissioners or the courts. Paul Walker, speaking for the Lackawanna County Democratic Committee, argued the board lacked authority and that the Home Rule Charter’s appointment procedures must be followed; he urged the board not to place the matter on the ballot. "This election is not allowed under the applicable law," Walker said during public comment.

The dispute centered on Section 1.2–206 of Lackawanna County’s Home Rule Charter and several state statutes and court precedents. Judge Nealon, who said he had circulated memos to the commissioners in April and August outlining his reading of the charter and state law, summarized prior rulings and statutes the board should consider, including a Commonwealth Court opinion and past county-level cases that addressed whether a special election may be held during a municipal general election. Nealon told board members he had recommended considering a special election after the May primary because of calendar deadlines that could otherwise prevent a November contest.

County solicitors and board counsel debated whether the board of elections may issue a writ of election on its own. One county attorney told the board that past cases show boards of elections have issued writs in other counties and that the Home Rule Charter mandates a special election when a vacancy exists. Another solicitor said he could not find statutory language in 25 Pa. Stat. §26-42 expressly granting the board power to initiate a special election and said, in his view, the governing body (the county commissioners) traditionally requests such writs.

Commissioner Gaughan said he would vote for a special election, arguing that voters should choose the next commissioner rather than leaving the decision to a closed-door appointment process. "Nothing is more important than allowing the voters of this county the opportunity to elect the next commissioner and clerk of judicial records instead of leaving those important decisions in the hands of a few behind closed doors," he said. Commissioner Chris Shermack seconded the motion to place the commissioner race on the ballot.

When the board called for a vote, two members voted yes and one member abstained, producing a 2–0–1 result that the chair read into the record. The board instructed staff to proceed with the timeline for a Nov. 4 contest for the commissioner vacancy, including the election filing deadline discussed during the meeting (petitions to file for the ballot would be due by Sept. 15, as the board confirmed).

The board did not finalize a special-election decision for the Clerk of Judicial Records vacancy. Members and counsel raised procedural questions about whether a resignation had been accepted and whether the vacancy was legally ripe for a writ. The board agreed to continue that item at a special continuation meeting set for Wednesday, Sept. 3, 2025, at 12 p.m., and one member proposed delaying issuance of any writ until Sept. 3 to allow the clerk’s resignation to take effect.

The meeting included multiple references to prior legal opinions and statutes that board members said bore on the question, including (as discussed in the meeting) the county Home Rule Charter, the statewide election code, a July 18, 2025, Commonwealth Court opinion involving the charter, and a 2021 Luzerne County decision. The Lackawanna County Democratic Committee’s written objection, and oral comments at the meeting, warned of possible litigation if the board proceeded.

Board staff indicated they would move forward to place the commissioner contest on the November ballot while preserving the record of legal objections. The board’s actions set a fast calendar for candidates: party nominees must file by the Sept. 15 deadline noted at the meeting to appear on the Nov. 4 ballot, and the board said it would provide filing updates as candidates submit paperwork. The meeting record shows continuing legal uncertainty about whether a newly elected commissioner would assume office immediately after certification or on the typical start date, a point board counsel said depends on statutory certification processes and any post-election challenges.

The board scheduled follow-up work on the Clerk of Judicial Records vacancy for Sept. 3 and left the record open to additional legal input and possible court action.