The petitions were filed under a little-known provision of state election law that allows a precincts results to be recounted if three voters from the precinct pay $50 and file a petition in county court saying they believe fraud or error occurred there. We are satisfied with his verdict and believe that it correctly reflects the law as described in the electoral code and interpretation of case law.. Judge Lillis CCP Berks Cty v. Cabrera, A. Log In Sign Up. background-color: #f9d334; The committee wants the county to make all voting equipment, including the voting machines, available for inspection and testing. background-color: grey; McCormick challenged a ruling from Berks County Judge James Lillis, who ordered the polls stay open until 9 p.m. because of a snafu with electronic poll books. Judge Stacy Wallace, in a decision issued Tuesday, said the rules to allege election fraud were not followed by the committee. James M. Lillis Berks County Court of Common Pleas. font-weight: bold; When confronted by police, Talarico removed his clothes and fled into the woods. The committee said it filed the petitions after receiving complaints from some voters that voting machines were converting the votes cast for Republican candidates for governor and the US Senate into votes for the Democratic candidates. The petitions were filed last month by the committee on behalf of 94 individual voters. Berks County 23: President Judge Honorable M. Theresa Johnson Court of Common Pleas of Berks County Berks County Courthouse 633 Court Street . Now, that court has backed up Lillis original decision. Court Watch Review. Pennsylvania's judicial elections included a primary on May 19, 2015, and a general election on November 3, 2015. margin: auto; A court order extended the polls in Berks by one hour on election night in response to an electronic poll book problem at some polling places. Our employment practices are not influenced or affected by race, color . Committee officials have said they filed the petitions after receiving complaints from some voters that voting machines were changing votes cast for Republican candidates for governor and U.S. Senate to ones for the Democratic candidates. xref x-'Jj}7S'A UON$_TU-z|f%'Ionb]h7O iQSS-.KXOmh -0RZ+q . Both sides had a chance last week to make their cases in county court. font-weight: bold; } Kauffman argued the provision does not require a hand recount, it merely requires that the vote should be recounted by people designated by the court. He was elected to the bench on November 7, 2017, filling a vacancy created by the retirement of the Hon. font-weight: bold; 2. First Assistant County Solicitor Cody Kauffman argued that the petitions should be denied because they do not present evidence of a specific act of fraud or error that occurred. .top_disclaimer { Ballotpedia features 395,441 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 4. Honorable James M. Lillis Court of Common Pleas of Berks County Berks County Services Center 633 Court Street Reading, PA 19601 phone: 610-478-6208: Berks County 23 . He had been in Berks County Prison awaiting trial. In a similar case in Forest County, Kauffman said, a judge threw out petitions for that exact reason. } Berks was forced to delay certifying the results of the election pending the outcome of the petitions. } Mr. Wertz and Mr. Skrocki were sworn in by Judge Lillis. Karen Shuey joined the Reading Eagle staff in 2015. <]/Prev 491381>> This judge is outside of that coverage scope and does not receive scheduled updates. You are here: Berks County > County Departments > Court of Common Pleas > Adult Probation Office > Court Documents. It says the petitioners failed to plead and verify specific acts of fraud or error, while not asking for a recount of all votes cast for the office in question across the county. Talarico was interviewed and told investigators that he had shot Moyer twice in the apartment they shared. The Pennsylvania election provides that the polls shall be open for only thirteen hours, 7 a.m. until 8 p.m. on election day, Mercer said. Pennsylvania Magisterial Districts, Courts in Pennsylvania Pennsylvania judicial elections Judicial selection in Pennsylvania. Todd Talarico, 47, of the 2500 block of Kutztown Road was sentenced by Judge James M. Lillis after pleading guilty to third-degree murder and illegally possessing a firearm. To examine the outer envelopes of all mail ballots cast by Berks voters to compare the signatures with the voter signatures on record in the Statewide Uniform Registry of Electors System. The following candidates ran in the Democratic primary. y !1 AQa"2Bq#3R$br4% #9 ` )$'R%]O#[iqIW_x @T[RJRN[ $/InEx L6a:HPP? According to The Philadelphia Inquirer, the recount effort in Berks was part of a statewide attempt by supporters of failed gubernatorial candidate Doug Mastriano to flood Pennsylvania courts with petitions seeking to force hand recounts. When asked by the judge whether the committee would hire handwriting experts to verify the signatures, he said he believes that bringing in experts would not be necessary to complete the task. display: block; The decomposing body of the 41-year-old woman was found July 13 following Talaricos arrest near Bloomsburg, a nearly two-hour drive from Reading, on unrelated crimes while driving her vehicle. Dui Lawyer Berks County - If you are looking for experienced, award winning dui lawyers then try our trusted service first. background-color: #f9f9f9; Berks County Election Update: My Dad and I and 92 other voters filed petitions for a manual recount in 30 precincts in Berks County. J. Benjamin Nevius is a judge for the Berks County Court of Common Pleas in Pennsylvania. [1] Lash was first elected to the court in 1999 and retained in 2009. color: white; The door was locked and no one answered. The county states that this request falls outside the scope of what is permissible under the provision and is an improper attempt to gain access to information without going through the proper requirements and procedures set forth in the election code and Right-to-Know law. Click here to contact us for media inquiries, and please donate here to support our continued expansion. The names of voters who cast their ballots on the machines on Election Day, through the mail and by provisional ballot. He told them that they would hear a decision as soon as possible after that. Talarico had a previous burglary conviction that made him ineligible to possess a firearm. Berks elections board denies McCormicks challenge to counting provisional ballots, How the 'Daisy Jones' cast went from beginners to bandmates, Abbott Elementary: Chris Perfetti on Jacobs Mural Meltdown & Big SAG Awards Win, Jonathan Majors flexes his acting muscle, turns heavyweight, Jimmy Kimmel: Im fighting to lose weight before Oscars because I looked like a homemade sausage!, Olivia Wilde ready to date again after Harry Styles split but only with amazing guy, Stormcenter - School / Business Application. Appellant timely appealed to the Superior Court, which affirmed Judge Lillis's 2018 decision. background-color: red; His current term expires in 2019. County election officials fought the petitions, saying they were unfounded and should be dismissed. An effort to force recounts in 30 Berks County precincts had its day in court Thursday. Stephanie Weaver, county public relations officer, issued the following statement: The County of Berks appreciates the attention Commonwealth Court Judge Stacy Wallace gave to this case. Error! from the Dickinson School of Law. Mercer reminded the board that under state law, the county may not count the provisional ballots for two days after the elections board ruling to give the campaign adequate time to file an appeal, should it wish to do so. Interns wanted: Get paid to help ensure that every voter has unbiased election information. } This would be a very different conversation if these voters requested a recount based on actual evidence, he said. oI n @ @ @ @ @ @ ~a@X>jwT)$)$\n E39-)o2y P8$)7 #~j^\4O@? Contact Francis J. Catania or Francis G.X. He was elected to the bench on November 3, 2015. Before arriving at the Reading Eagle, Karen covered policy issues in Harrisburg and Washington for LNP. The petitions were tabled by the committee last month on behalf of 94 individual voters. margin-bottom: 0; Kauffman said petitions filed under this provision of the law should not be fishing expeditions, saying what the committee is asking for is way beyond the scope of what the law allows. The committee did not send a representative or otherwise attempt to participate in the testing, the results of which confirmed the machines were functioning correctly. padding-left: 10px; The following candidates ran in the Democratic primary. The Berks County Board of Elections submitted a response to petitions that were filed last Monday in county court. width: 43%; font-weight: bold; .widget-row { color: white; James M. Lillis. So, unless the petitioners can provide evidence of a particular problem, they must file their petitions in all 202 Berks precincts. Decision Clarifies Requirements for Affidavit of RTK Officers, Commonwealth Court Imposes Fines for Bad Faith Response to PA RTKL Request, Pennsylvania Supreme Court: Open Records Officer's Delegation of Search For Responsive Records Deemed Bad Faith; Attorneys' Fees Awarded, ordered the City of Reading to pay $12,071.75 in legal fees, ordered Pennsylvania Department of Corrections to pay $118,458.37 in legal fees, PENNSYLVANIA FREEDOM OF INFORMATION COALITION, PENNSYLVANIA'S UNIFIED JUDICIAL SYSTEM PUBLIC ACCESS TO COURT RECORDS, WHERE TO OBTAIN COMMONLY REQUESTED RECORDS, Recent OOR Determination Clarifies Appeal Deadline. color: white; border:1px solid #FFB81F; Berks judge hears arguments over election, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Former West Reading police officer federally indicted in fraudulent body armor scheme for a second time, Berks judge hears arguments over election recount petitions, Reading Auditor Maria Rodriguez announces she will run for reelection, Joanna McClinton voted Pa. House speaker after Mark Rozzi steps aside; first Black woman to win post, Mark Rozzi says he will step down as Pa. House speaker, John Fetterman on path to recovery, will be out of Senate for more weeks, after receiving complaints from some voters that voting machines were changing votes, saying they are without merit and should be dismissed, the logic and accuracy testing of the voting machines, State police charge passenger in fatal crash on Interstate 78 in Berks, So-called Lizzie Lincoln house in Exeter Township to be demolished, Reading restaurant is target of second swatting incident in 3 days in Berks, Former Pottstown man charged in 2016 killing of Berks man, Area family-owned businesses thrive for multiple generations, Berks family of 4 displaced by 2-alarm overnight fire, Reading Penn Street shop owner wants more action, less talk about downtown progress, Stewart's game-winner lifts Wyomissing over Berks Catholic in District 3 Class 4A semifinal, Railroad the last stop of a policeman's 46-year career, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. Lastly, the county says the election department already performed a statistical recount of the votes cast in the 2022 general election and found that the results were accurate. She covers county government as well as policy issues at the state and federal level with a local focus. } !'#))'#&%,1?5,. .widget-row.heading { margin-bottom:0px; .widget-row.heading { We want to examine these machines so we can see exactly what is going on. This becomes clear when we see their campaign challenging a duly entered court order to not count votes, and then in the same meeting, call for the counting of votes of undated or unsigned ballots. Talarico shot his girlfriend, Eloise Moyer, twice in the face in their Hyde Park apartment on or about July 7, police said. READING, Pa. The Berks County commissioners voted unanimously Thursday to deny a challenge by David McCormick, a Republican candidate for U.S. Senate, that asked the elections board to not count provisional ballots cast after 8 p.m. on May 17. .top_disclaimer { Find a Lawyer; Ask a Lawyer ; Research the Law; Law Schools; . 0000000016 00000 n The alert entitled Agencies Ordered to Pay Legal Fees can be found here, The Office of Open Records hosts a webpage where it has collected Court decisions on Enforcing a Final Determinations, Francis J. Catania is a partner in the Media, PA, law firm of Catania & Parker, LLP, and has been practicing law for over 30 years. According to The Philadelphia Inquirer, the recount effort in Berks is part of a statewide attempt by supporters of failed gubernatorial candidate Doug Mastriano to flood Pennsylvania courts with petitions seeking to force hand recounts. The following candidates ran in the Republican primary. color: white; 100% remote. Commissioner Kevin Barnhardt cast a dissenting vote saying he believes the intent of a voter not dating the ballot is simply an error in judgement. JFIF C Pennsylvania Commonwealth Court clear: both; Q|$\J?# ") +s%LJIV Km>( |-:fE!{`'` +:'foh Apply today! The county now plans to confirm the results at a meeting of the election board on Thursday. To be successful in asking a court to order a recount because of fraud or error, state law requires that petitions be filed in all of the precincts involved, unless they present evidence of a specific act of fraud or error that occurred. Jnp`! color: black; IWa~#m8#&N7} N!KJX Over the last number of years, we find ourselves in a very difficult place in elections. } As he was taken into custody the next morning he made spontaneous statements regarding Moyer being killed. (610) 678-4571 Website: springtwpberks.org RE-ORGANIZATION MEETING MINUTES . width: 43%; Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Former West Reading police officer federally indicted in fraudulent body armor scheme for a second time, Berks judge dismisses election recount petitions [Update], Reading Auditor Maria Rodriguez announces she will run for reelection, Joanna McClinton voted Pa. House speaker after Mark Rozzi steps aside; first Black woman to win post, Mark Rozzi says he will step down as Pa. House speaker, John Fetterman on path to recovery, will be out of Senate for more weeks, Berks was forced to delay certifying the results, State police charge passenger in fatal crash on Interstate 78 in Berks, So-called Lizzie Lincoln house in Exeter Township to be demolished, Reading restaurant is target of second swatting incident in 3 days in Berks, Former Pottstown man charged in 2016 killing of Berks man, Area family-owned businesses thrive for multiple generations, Berks family of 4 displaced by 2-alarm overnight fire, Reading Penn Street shop owner wants more action, less talk about downtown progress, Stewart's game-winner lifts Wyomissing over Berks Catholic in District 3 Class 4A semifinal, Railroad the last stop of a policeman's 46-year career, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. vertical-align: top; Talarico shot his. That may have prevented some Berks . First Assistant County Solicitor Cody Kauffman said the problem on primary election day was a rapidly evolving situation and that a joint petition was filed without knowing -at that time- which precincts were having issues with the electronic poll books. McCormick continues to be in battle for the nomination for the senate seat with challenger Dr. Mehmet Oz. He represents Pennsylvania municipalities, municipal authorities and schools in responding to Right to Know Law requests and. } In the past he has won the National Collegiate Championship. width: 250px; background-color: white; The following candidates ran in the Republican primary. ALERT! Primary: She received 19.8 percent of the vote in the Democraticprimary on May 21, 2013. The Order was filed in the Prothonotary's Office of Berks County on June 23, 2016. University of Pittsburgh School of Law, 1982, .infobox { "Judge Lillis' order lacked both a factual basis. Winter said election law allows for recounts at individual precincts. margin-top: 1px; It is the mission of the Berks County Magisterial District Judge System to seek justice, to foster public trust and confidence in an independent judiciary, and to provide high quality courteous service to all users of the magisterial district courts by processing cases and resolving disputes in a manner that reflects the system's commitment to . The courts do have general supervisory powers over the polls to ensure compliance and to carry out the intent of the election code regarding the polls being open.. 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