Court rejects election challenge

Bellevue residents from the borough’s first ward could learn as early as Monday who will represent them on Bellevue Council, after a judge dismissed a petition that sought to keep Allegheny County from counting an absentee ballot that had been lost for nearly a week after the November general election.

Democratic incumbent Jane Braunlich and Republican newcomer David Piet are officially tied for the second of two first ward council seats to be decided in the election. The other seat was won by Republican incumbent Kathy Coder.

Election night ended with Braunlich one vote ahead of Piet, 210-209. No absentee ballots were counted at that time, as mandated by state law.

On Nov. 9, however, the Allegheny County Elections Department received an absentee ballot that, according to testimony at a court hearing Wednesday, had been lost in the trunk of the car of the District 1 judge of elections.

That ballot contained a vote for Piet, which tied the election.

Braunlich was not informed of the developments until Nov. 18. She retained attorney Matthew Racunas, who filed a petition with the Court of Common Pleas on Nov. 23 asking that the absentee ballot be struck because of the violation of state election law. The law requires that absentee ballots be opened at the polling place on election day, and those present given an opportunity to challenge the eligibility of the voter to vote by absentee ballot.

The case was heard Wednesday by Judge Joseph James, who ruled that the ballot would not automatically be discounted absent some evidence of fraud. He did, however, give Braunlich the opportunity to challenge the eligibility of the voter, which she declined to do.

The Elections Department expects to have Braunlich and Piet “cast lots” on Monday to determine the winner of the election


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