GOP County Council members eyeing re-election stay on Election Board, Democrats cry foul

Two Republican members of Erie County Council who might run for re-election this year are continuing to serve on the county's Election Board.

The decision has angered Democratic leaders who say the two members should not be in a position where they can influence election policy or affect their own election prospects.

Republican council members Brian Shank and Ellen Schauerman, who represent the county's 5th and 7th districts, respectively, occupy seats that will be on the ballot in November.

While the Erie County Administrative Code requires council members on the ballot to abstain from Election Board activity, both Shank and Schauerman have remained on the board.

The reason: Neither has officially declared their candidacy for re-election.

Shank re-elected chairman:Republican Brian Shank re-elected chairman of Erie County Council

The situation hasn't sat well with Erie County Democratic Party Chairman Jim Wertz, who told the Erie Times-News that Shank and Schauerman should still step away from the board to avoid any conflicts of interest.

While neither council member has yet to declare, they also haven't announced they won't run — and as such they should be treated as candidates, Wertz said.

"That's been past practice," he said. "Every county councilman who's been in this position has (stepped down from the board), and so I don't know why that would change now. It's never been a partisan issue before."

Wertz pointed to Democratic council members Mary Rennie and Terry Scutella, who removed themselves from the election board because they're on the ballot this year.

Rennie and Scutella did not attend a special meeting of the Election Board Friday while Shank and Schauerman did.

The difference is Rennie and Scutella have already announced their intentions to seek re-election.

Shank argued that county laws don't specify when someone becomes a candidate.

"My interpretation is that until you actually turn in a petition and it's accepted by a staff member and notarized officially, saying 'Yes, we've accepted your petition, we've signed that petition and done the notary work,' — that's when I think you are actually legally a candidate," Shank said.

Candidate petitions became available on Feb. 14. They must be filed — with a minimum of 10 signatures for County Council candidates — by March 7.

That means Shank and Schauerman could conceivably hold off on becoming legal candidates until March 7, according to Shank's interpretation.

Before that deadline, it's possible the Election Board will have to deal with consequential election matters, Wertz said.

"There may be votes or decisions that have to be made by the Election Board here in the next month before petitions are formally filed and candidacies are formally declared that essentially affect their races and potentially affect the outcome of their races," Wertz said in regard to Shank and Schauerman. "If they're not willing to step off of the Election Board now, I don't see them inclined necessarily to abstain from any of those votes, either."

County laws are vague on when a candidacy is official

County Council Solicitor Tom Talarico said county law doesn't indicate whether an individual becomes a candidate as soon as they pull and circulate petitions or when they actually file them.

He said County Council members must decide on their own whether they're "too close to the Election Board" as a member to continue participating in board business, and whether they've already accepted contributions or made expenditures in furtherance of their candidacy.

Jonathan Marks, deputy secretary for elections and commissions with the Pennsylvania Department of State, wrote in an email to the Election Board that membership depends on whether there's a "clear conflict."

"Based on what I've heard from other counties over the years, the latest they would have to step down is when they filed petitions," Marks wrote in the email. "At that point, they are 'candidates' under even the tightest definition of the term."

Shank said there haven't been any conflicts and that Friday's agenda included no policy votes. He also told the Times-News he would step down from the Election Board if he eventually decides to run and officially declares his candidacy.

Democratic County Councilman Andre Horton said board members should recuse themselves even if they have an "inkling" that they may be running.

"There's the law and then there's the spirit of the law," he said. "This office, this body, this board, above all others, should be above reproach. It should exemplify leadership and integrity at its highest standard and we should remove all matter of doubt."

Bayle elected board chairman, Winarski vice chairman

Horton recommended the board suspend Friday's meeting before selecting a new chairman and vice chairperson but his motion was not seconded.

Republican councilman Charlie Bayle was elected board chairman and Democratic councilman Jim Winarski as vice chairman.

Each received two votes — their own and the votes of each other. Shank recused himself, as per Talarico's recommendation, but seconded Bayle's nomination. Horton exited the meeting before the vote.

Schauerman, who participated in the meeting via Zoom, left early due to work responsibilities. She could not be reached for comment.

Bayle said the board will review the elections process and bring clarity to when and how an individual officially becomes a candidate.

A.J. Rao can be reached at arao@gannett.com. Follow him on Twitter @ETNRao.

This article originally appeared on Erie Times-News: GOP council members stay on election board while eyeing another term