Election Case Under Scrutiny

Seriously now, the ballot access for Independents is so steep of a hurdle in many state elections in Pennsylvania, when it is as well a matter of law - well - needless to say, the law should be followed, to the letter... No excuses. Write-in votes, particularly must be the exact name of the candidate. If voters can't follow the regulations and put in the complete name of the candidate at least, that is evidence they really don't care enough to get it right. That vote should be voided. It appears this race was very tight. Even more reason to follow the letter of the law...

Former Greene DA challenges primary results
By Steve Ferris, Herald-Standard
06/01/2007
Former Greene County district attorney David F. Pollock is challenging the May 15 primary results that gave incumbent Marjorie J. Fox the Democratic nomination for her second full four-year term in office.


In a petition filed Tuesday in Greene County Common Pleas Court objecting to the certification of the election results, Pollock, who was the district attorney from 1988 to 1999, argued that Fox should not have been allowed on the ballot because she is not registered as a Democratic voter under the name Marjorie J. Fox.

Pollock also said Fox never filed an affidavit with the county board of elections saying she is commonly known as Marjorie Fox and requesting her name appear that way on the ballot.

Fox's married name is Marjorie J. Niedbala.

Fox said she is registered as a voter under that name, but she was admitted to the practice of law before she was married and under her maiden name, Fox, and continues to use her maiden name professionally.

"It's not the name I use professionally, including the 11 years I worked as an assistant under Mr. Pollock," Fox said Thursday...

...According to this year's primary results posted on the county's Web site, Fox defeated Pollock for the Democratic nomination in a 3,526-3,171 vote on the Democratic ballot.

Of the 876 write-in votes from Republican voters, Fox received 441 and Pollock 435, said Frances D. Pratt, Greene County director of elections and voter registration.

She said the Republican write-in votes in the district attorney's race are the only results that have not yet been certified.

In his petition, Pollock also argues that several of the Republican write-in votes contained only the name Fox and Marjorie Fox should not have received credit for those votes because both candidates have Fox in their names.

Pollock said his middle name is Fox, a name taken from his maternal grandfather David Fox. He identifies his maternal and paternal grandparents in his campaign literature.

On the primary ballot, his name was listed as David F. Pollock.

Pollock said if the district attorney would be denied the write-in votes for Fox, he would be the Republican candidate in the general election in November.

Judge William R. Nalitz scheduled a hearing on the petition for 10 a.m. Monday.

http://www.heraldstandard.com/site/news.cfm?newsid=18411412&BRD=2280&PAG=461&dept_id=480247&rfi=6