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Please contact Lisa A. Siciliano, . There was a problem saving your notification. A Berks County judge has dismissed petitions filed by the Berks County Republican Committee seeking a recount of ballots cast during the general election at 30 precincts across the county. startxref [2], Geishauser earned her B.A. Please, 100 largest cities in America by population, Pennsylvania judicial elections, 2013 - Courts of Common Pleas, https://ballotpedia.org/wiki/index.php?title=Eleni_Dimitriou_Geishauser&oldid=7288560, Pages using DynamicPageList parser function, Pennsylvania common pleas court judges, Berks County, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. We believe something is going on here with the machines, he said. He had been in Berks County Prison awaiting trial. 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. The commissioners voted 2-1 to stand in opposition I arguments to count undated and unsigned ballots. ALERT! The committee has made four requests in the petitions: A manual recount of all paper ballots generated by the voting machines, as well as all mailed, absentee and provisional ballots. 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. and services. color: white; On November 26, 2018, the Pennsylvania Office of Open Records issued one of its periodic email topic alerts reporting on and linking to these two Court decisions. #9 ` )$'R%]O#[iqIW_x @T[RJRN[ $/InEx L6a:HPP? word-wrap: break-word; .widget-row.Republican { if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } 1. width: 57%; Kauffman said compliance with Act 77 procedures for mail ballots cannot be reviewed under the recount procedure. Our employment practices are not influenced or affected by race, color . A state Commonwealth Court judge has dismissed an appeal by the Berks County Republican Committee seeking a manual recount of votes cast in a handful of precincts during the 2022 general election. Bodor, a Democrat from Oley Township, will cross-file to appear on both the Republican and Democratic ballots in the May primary election. } .widget-row.Libertarian { width: 43%; width: 100%; The committee made four requests in the petitions: 1. font-weight: bold; (610) 678-5393 Fax. Pennsylvania Court of Common Pleas 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. The following candidates ran in the Republican primary. As Petitioners did not satisfy either requirement, the Court affirms Common Pleas order, Wallace wrote in her 26-page ruling. We are glad to see that the honorable court upheld the rule of law and did not abide by conspiracy theories, he said. Winter conceded there is no way to match the individual voter with their ballot, but argued the list will serve as a check on the system to ensure the voting systems captured the correct number of votes. Both sides had a chance last week to make their cases in county court. The voters relied on the announcement that the polls would be open for an extra hour, Bukowski said. James M. Lillis Berks County Court of Common Pleas. 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Lillis is a judge for the Berks County Court of Common Pleas in Pennsylvania. Posted in Court Decisions. margin-bottom: 0;
float:right; Both the Republican and Democratic committees were united in a petition to the county to extend the voting by one hour. On November 26, 2018, the Pennsylvania Office of Open Records issued one of its periodic email topic alerts reporting on and linking to these two Court decisions. background-color: red; Judge Barrett's Court; Judge Lillis's Court; Berks was forced to delay certifying the results of the election pending the outcome of the petitions. Court of Commons Pleas; . .widget-row.value-only {They were filed by the Berks County Republican Committee on behalf of 94 individual voters. Pennsylvania Superior Court Ballotpedia features 395,441 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. University of Pittsburgh School of Law, 1982, .infobox { The filing deadline for candidates was March 11, 2015.Dimitriou Geishauser, Lillis and Barrett were unopposed in the general election. Madelyn S. Fudeman and Theresa Johnson were also on the ballot, competing for two open seats. McCormick has also filed petitions in the Commonwealth Court and with the Pennsylvania Supreme Court to have undated and unsigned mail-in ballots counted, in opposition to current law. McCormick is specifically challenging the 215 provisional ballots cast during the extended hour. } margin: auto; The following candidates ran in the Republican primary. background-color: #f9f9f9; This is a development website: This website is the development website for the County of Berks. 9724 Cumberland Highway. But, he added, that would mean dozens of voters would have been making the same mistake at precincts across the county. It said the petitioners failed to plead and verify specific acts of fraud or error without requesting a recount of all the county-wide votes cast for the office in question. The District shall make all voting equipment, including voting machines, available for inspection and testing by a duly authorized agent. .widget-value { He was elected to the bench on November 3, 2015. Berks County election officials believe petitions that have been filed demanding recounts in 30 precincts are without merit and should be dismissed, paperwork filed Wednesday shows. .widget-row { The Oz and McCormick campaigns have been fighting over a number of issues, including the provisional ballots. 20-209 NO. After the killing, he cleaned up the bedroom d by picking up the shell casings ejected from the gun. display: inline-block; Pennsylvania Commonwealth Court J. Benjamin Nevius is a judge for the Berks County Court of Common Pleas in Pennsylvania. color: white; She is a graduate of Temple University with a degree in journalism. He said the most accurate way to conduct a recount is by using machines specifically designed to accurately count votes, explaining that a hand recount introduces a likelihood of human error into the counting process. .widget-key { Karen Shuey joined the Reading Eagle staff in 2015. Tom Wolf's office and Berks County President Judge Thomas G. Parisi. 0000000016 00000 n .clearfix { .widget-key { margin-bottom: 1px; General: She was defeated in the general election on November 5, 2013, after receiving 25.3 percent of the vote. Pennsylvania Magisterial Districts, Courts in Pennsylvania Pennsylvania judicial elections Judicial selection in Pennsylvania. Judge James M. Bucci retired last December, and Judge Mary Ann Ullman has announced that she will . Apr. I dont think an undated envelope is a fatal flaw, Barnhardt said. font-weight: bold; ;/%&6J7;ACFGF*4MRLDR?EFC C CC&-CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC We had our hearing on Dec 1 in the Court of Common Pleas. It says the petitioners failed to "plead and verify . The motion further contends that any request for inspection by unqualified parties risks decertification of the voting machines. David L. Plum. Kauffman said 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 in the election code and Right-to-Know law. And, in a county that uses an electronic voting system, the recount can be done using electronic devices of a different type than used for the specific election. Public Complaint. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Third Circuit Court of Appeals U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania, Supreme Court of Pennsylvania He also pointed out that the county provided the Berks County Republican Committee with the statutorily required notice to attend the logic and accuracy testing of the voting machines, which is a process designed specifically to ensure they are functioning correctly. In August 2018, Berks County Common Pleas Judge James M. Lillis to a requester and in October 2018, Commonwealth Court Judge Simpson to a requester. The live site is https://www.co.berks.pa.us 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. 0 READING, PA 19608 Tel. width: 57%; In a civil case, the jury determines whether a plaintiff has proven the case and what, if any, damages to award. Lillis did not issue a ruling Thursday and gave both parties until 4 p.m. Friday to submit any supporting documentation for their cases. background-color: grey; background-color: green; in English from Immaculata College and her J.D. .widget-row.heading { Berks County Court of Common Pleas: Scott E. Lash Berks County Court of Common Pleas: Stephen B. Lieberman Berks County Court of Common Pleas: James M. Lillis Berks County Court of Common Pleas: Linda K.M. } x-'Jj}7S'A UON$_TU-z|f%'Ionb]h7O iQSS-.KXOmh -0RZ+q . 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. 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. 26There are five candidates seeking the Democratic and Republican nominations in the primary for two judgeships on Berks County Court. Scott D. Keller. JFIF C James M. Lillis is a judge for the Berks County Court of Common Pleas in Pennsylvania. Under certain circumstances, the judge may overrule the jury's determination or damage award. Francis J. Catania is a partner in the Media, PA, law firm of Catania & Parker, LLP, and has been practicing law for over 30. The committee wants the county to give its attorney the names of voters who cast their ballots on the machines on Election Day, through the mail and by provisional ballot. 3. width: 43%; hearing held, Judge Lillis again denied Appellant's request. <]/Prev 491381>> McCormick continues to be in battle for the nomination for the senate seat with challenger Dr. Mehmet Oz. The Berks County Board of Elections submitted a response to petitions that were filed last Monday in county court. color: white; The following candidates ran in the Democratic primary. The petitions sought recounts for only 30 of the countys 202 precincts. He said he brings to the table 20 years of impactful experience in the legal . Leinbach noted that the reason the commissioners did not object to the petition to Lillis was because they wanted to be fair to any affected voters who were unable to cast ballots in the morning of May 17. background-color: grey; background-color: #f9f9f9; Dui Lawyer Berks County - If you are looking for experienced, award winning dui lawyers then try our trusted service first. Investigators werent sure of the exact date Moyer was killed, but said her last known contact with anyone besides her killer was with family members on the evening of July 7. He was elected on November 3, 2015.[1]. 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. Pennsylvania Commonwealth Court After officers went inside and secured a dog in the apartment, they found Moyers body with what appeared to be a gunshot wound to the head. 4. An email has been sent to with a link to confirm list signup. As he was taken into custody the next morning he made spontaneous statements regarding Moyer being killed. 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. 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 committee subsequently appealed his decision to Commonwealth Court. The commissioners discussed the matter and voted to uphold the existing state law in counting or not counting the unsigned ballots. The Berks County Republican Committee 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. float: right; Karen Shuey joined the Reading Eagle staff in 2015. Judge Barrett's ARD In an effort to streamline upcoming ARD Court; all required documents and forms, as well as instructions in their use, are provided in this section of the website. The live site is https://www.co.berks.pa.us . Jeremy Mercer, an attorney representing the McCormick campaign, argued that the order from Lillis lacked both a factual and a legal basis. People look to the judicial system for fair and equitable justice. margin-top: 1px; County election officials are fighting the petitions, saying they are without merit and should be dismissed. background-color: #f9f9f9; He added that voter signatures are confidential and disclosing those signatures to the public would present significant election integrity concerns. Lillis received his undergraduate degree from the United States Air Force Academy and his J.D. The motion further contends any request for inspection by unqualified parties risks decertification of the voting machines. The results of the 2022 election have been certified by the county elections board and the state. 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. Pennsylvania Magisterial Districts, Courts in Pennsylvania Pennsylvania judicial elections Judicial selection in Pennsylvania. 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A manual recount of all paper ballots generated by the voting machines, as well as all mail, postal, and provisional ballots. 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. .widget-row.Republican { font-weight: bold; vertical-align: top; display: inline-block; The door was locked and no one answered. } Jeff Bukowski, an attorney representing the Oz campaign, said the provisional ballots were cast by voters through no fault of their own. Judge Lillis's Court; ARD DUI Rules; CRN Information; Court Documents; Probation Contact Information; Internships; DUS - DUI Related; Berks was forced to defer confirmation of the election results pending the outcome of the petitions. "Judge Lillis' order lacked both a factual basis. .widget-img { Madelyn S. Fudeman. Jnp`! The county appreciates the time and attention Judge Lillis has devoted to this matter, it said. Cody Kauffman, First Assistant County Solicitor, argued that the petitions should be dismissed because they contain no evidence of a specific act of fraud or error. margin-bottom: 0; County election officials fought the petitions, saying they were without merit and should be dismissed. When told that the petitions had been denied, he said he believes there is grounds to appeal that decision. } 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. The Order was filed in the Prothonotary's Office of Berks County on June 23, 2016. Two unverified petitions were presented to Judge Lillis, and thats important because under the rules, a petition must be verified if they contain facts that are not of record. Any facts that were going to be presented to Judge Lillis needed to be presented by way of a verified petition. 0000000916 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. 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