Hearing on Lebanon mayor election postponed

By LES STEWART
Updated: 08/21/2009 09:56:03 AM EDT


Lebanon city voters will have to wait a little longer to learn whether Libertarian mayoral candidate Jason Deitz's name will be on the Nov. 3 ballot.
At Deitz's request, Judge Samuel A. Kline Friday morning postponed making a decision until Sept. 4. Deitz asked for the postponement so he could have an attorney represent him.

The Friday hearing was scheduled to hear Republican mayoral candidate Sherry Capello's challenge of Deitz's nominating papers.

In court papers filed Aug. 10, Capello contended Deitz did not obtain 100 valid signatures as required by election law.

Third-party candidates may gather signatures from voters of any party, as long as the signers are registered voters and live in the municipality the elected office represents.

Deitz gathered 110 signatures, but Capello is calling into question 37 of them.

At Friday's hearing, Deitz said he has been trying for past week and a half to contact his attorney, Andrew Ostroski.

Mayoral candidate's eligibility questioned

bY JOHN LATIMER
Staff Writer
Updated: 08/18/2009 09:29:06 PM EDT


There may not be a race for mayor of Lebanon after all.
Republican Sherry Capello has filed a challenge to the nominating papers of Libertarian candidate Jason Deitz, claiming he did not obtain 100 valid signatures as required by election law.

Third-party candidates can gather signatures from voters of any party as long as they are registered voters and live in the municipality the elected office represents.

Deitz gathered 110 signatures, but Capello is calling into question 37 of them.

Lebanon County Judge Samuel Kline will hear the challenge on Friday morning.

Should Capello be successful, she will be assured the mayoral seat because she won the Republican and Democratic nominations, the latter by write-in votes, over incumbent Trish Ward. No Democratic candidate ran in the primary.

Deitz, who works full-time for E&E Beverage in Lebanon and part-time for Wal-Mart in North Londonderry Township, is the only third-party candidate to file nominating papers by the Aug. 3 deadline. He said he tried to verify that all the signatures he collected were valid, and he claims Capello is trying to deprive voters of a choice in the election.

"When I announced I was running, she said she welcomed the challenge, but now she is trying to get me off the ballot," he said. "I understand the importance of having the proper number of signatures, but she wouldn't have done this if she really wanted a challenge."

The signatures she's challenging had major flaws, not
minor errors, Capello said.
"He has people who signed who are not registered to vote and not city residents," she said. "They should not have a right to nominate a city candidate."

Capello said Deitz had every opportunity to get on the ballot by following proper procedures, but he failed.

"There are rules and procedure in every step of the election process, ... and the rules can't be ignored if the election is going to be fair," she said. "I do want voters to have a choice, but everyone should adhere to the proper procedures."



johnlatimer@ldnews.com; 272-5611, ext. 149