HD-117: State Supreme Court rejects Cabell’s appeal; State House race nears conclusion

It appears that the election in the 117th congressional district is getting closer to a conclusion.

The Pennsylvania Supreme Court has declined to hear an appeal filed by the state Rep. Mike Cabell (R-Luzerne) regarding votes cast for write-in candidates in the Republican primary in this district.

Cabell petitioned the Commonwealth’s highest court to overturn the lower courts’ rulings and grant his motion. He sought to count write-in votes that were cast in the primary election, despite the fact that they were cast while Cabell’s name was on the ballot.

The Electoral Commission has long held that the law allows voters to choose the person whose name appears on the ballot paper. Or write on behalf of someone else. The Luzerne County Court of Common Pleas and panels of the Commonwealth Court agreed with the election commission’s decision.

The state Supreme Court’s order simply said that Cabell’s request for an appeal was denied.

Pretender Jamie Walshwho currently leads the rookie field by five votes, called on Cabell to concede.

“Since there is no mathematical way for Mike Cabell to win, I kindly ask him to concede,” Walsh said.

Cabell’s only hope remains to petition the Luzerne County Court of Common Pleas for a recount.

The Luzerne County Election Commission, County Court and Common Pleas Court have already denied Cabell the opportunity to collect 22 unelected votes in the primary election.

The state Supreme Court has not yet ruled on whether it will grant the remaining appeal request in the 117th District race involving Walsh’s effort to remove six mail-in ballots from the current unofficial tally because voters failed to fill in the last two digits of the year on the outer envelope. Most of those votes were for Cabell.

Thursday’s decision increases the likelihood that Walsh will maintain her lead, as the only unspecified issue was write-in votes. Potential write-in votes for either candidate, if any, were not known because the names of voters were not listed.

In the event of a provisional vote, Cabell can count on receiving a maximum of one vote.

Cabell has not yet announced a decision on whether he will seek a recount, although he has said his campaign is considering the option.

The winner of the Republican primary will likely hold the Harrisburg seat, as no Democratic candidate is expected to run in the fall election.

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