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Bucks County Races Shaping Up

Joe Hogan is in his last year at Temple University’s James E. Beasley School of Law, and he says there is no better time to run for the Pennsylvania House. He is a Republican candidate for the 142nd Legislative District seat being vacated by GOP state Rep. Frank Farry, who is running for state Senate.

“These opportunities don’t come all that often,” said Hogan, who turned 34 last month.

Farry, first elected to the district in 2008, is running to replace retiring state Sen. Tommy Tomlinson (R-Bensalem).

And so, after years of working for the late Congressman Mike Fitzpatrick (R-Bucks) and as a program director at Bucks County’s redevelopment authority, Hogan hopes to enter public service, representing the Langhorne-area district of about 65,000 constituents.

“Frank Farry has done an excellent job being present. He’s out in the community. Everyone knows who he is,” Hogan said. “You gotta show up, and you gotta be responsive to your constituents. If I can make their lives a little bit easier dealing with state government, then I’ll be a happy camper.”

Hogan grew up in Levittown and attended Conwell-Egan Catholic High School. He lives with wife Janita in Langhorne. He expects to be challenged for the seat by Penndel Borough Councilman Mark Maffa, a Democrat who lost both mayoral and council races last year.

Hogan has bachelor’s and master’s degrees from Penn State University and spent most of his career in community and economic development. In 2010, he lost a primary race for a seat in the 141st House District to Kevin Glasson.

At the Redevelopment Authority of Bucks County, he learned how to navigate the “legal gray area” of a blight-reduction project in Bristol Township that led to the restoration of “hundreds of thousands of dollars in taxes” to the municipal rolls from former nuisance properties. And the authority helped pump millions to municipalities in Parx Casino impact grants through a program Tomlinson helped create that pays for brick-and-mortar projects, like upgrades to aging municipal infrastructure and the purchase of fire trucks and police tasers.

Joe Hogan

Hogan spent time helping Ukrainian refugees who escaped to Poland amid President Vladimir Putin’s invasion of Ukraine, a global crisis that helped gas prices soar to record highs.

Americans are feeling the pinch, as fuel and food are more expensive because of the “supply-chain crisis,” Hogan said.

“I’m seeing firsthand what absent American leadership can do to the world’s stage, how it can impact human lives,” he said.

A lifelong Republican with an independent streak, Hogan does not “agree with towing the party line on every issue,” but strives for steady, consistent leadership.

“People out there are more interested in getting more Twitter followers or getting on the talk shows than they are governing,” Hogan said. “They’re not paying us to be showmen that are just going to get more impressions on social media.”

Sixth District Senate Race

Running for office was not on Ann Marie Mitchell’s “to-do list,” but she is doing it anyway.

The married mother of two and onetime state representative candidate comes from a working-class family and was the first person in her family to graduate from college.

The longtime Northampton Township resident is running against Farry for the Sixth District seat because a divided Harrisburg needs healing and compromise, a skill she’s crafted over decades as a business attorney.

“I see a need in the community that isn’t answered. You have to be prepared to do the work yourself,” the Democrat said. “I think that it’s easy for people to run when the wind is at their back and everything is in their favor. The measure of a person is to do the work when the work’s needed and not when it’s easy.”

Nothing has come easy for Mitchell, who endured a turbulent upbringing to make the most of her opportunities.

Her father, a World War II survivor, came to America as a teenager, became an electrician, and ran his own business. Her mother was a teacher who also worked as a bookkeeper to help the family make it financially.

Growing up, Mitchell experienced domestic violence in her household and “knows firsthand the impact” of generational trauma.

“It informs who you are, and overcoming it depends on how you’re hardwired,” she said. “Some people can become very empathic, and some people can come out very hardened. You see people who are very resilient come out of horrible situations.”

Mitchell’s mother instilled in her the desire for community service, as she started out as a Girl Scout and Candy Striper. Education was also paramount in her family.

She earned a bachelor’s degree in economics from the University of Pennsylvania’s Wharton School of Business. Her mother went back and graduated from college at 50, around the same time Mitchell received her juris doctorate degree from the University of Pennsylvania.

“It opens up a whole different world,” Mitchell said of her experiences, which inform her platform revolving around creating clean energy, advocating for increased mental health awareness and support, and increasing access to affordable healthcare.

The latter was her focus when running against state Rep. Wendi Thomas (R-Richboro).

“I am nothing but real,” Mitchell said. “I am more about collaboration, cooperation, and finding the commonalities for jumping off. People can reach consensus, and you sometimes have to lean into difficult conversations.”

 

Bucks Commissioners, District Attorney Target PFAS Manufacturers in Lawsuit

Timing is everything. And Bucks County officials said the time is now to sue a long list of companies that manufactured firefighting foam that contained PFAS.

Bucks County District Attorney Matt Weintraub, Commissioners Chairman Bob Harvie, and county Solicitor Joe Khan recently announced the county filed a lawsuit against various companies that manufactured the firefighting chemicals. The suit, filed in  Bucks County Common Pleas Court, seeks civil fines, penalties, and restoration under the state’s Unfair Trade Practices and Consumer Protection Law.

Those chemicals have polluted water and soil in Bucks County, the officials said.

“We’re bringing this action on a unified, bipartisan basis because as your elected officials, we have a duty to protect the people of Bucks County and to conserve and maintain the county’s natural resources,” said Harvie.

“Regardless of our differences, we all inhabit one planet, and that one planet has one environment and that environment is what sustains all of us,” said Harvie. “The desire to protect our environment is what unites us as Bucks County public servants.”

“These companies knew or should have known their products were toxic,” said Khan.

The suit alleges that PFAS were released into soil and water when firefighting foam products and chemicals contained therein, manufactured and sold by the suit’s defendants, were used in Bucks County. Because those substances do not biodegrade, PFAS are sometimes called “forever chemicals.”

Although the companies named as defendants largely stopped producing the PFAS-containing aqueous film-forming foam (AFFF) products, recent testing at the county’s Public Safety Training Center in Doylestown Township confirmed the presence of PFAS in water and soil samples. It has been at least 10 years since those chemicals were used at the training center.

PFAS, an abbreviation for perfluoroalkyl and polyfluoroalkyl substances, are known as forever chemicals because they do not break down in the environment. They appeared commonly in many nonstick, stain-resistant, and waterproof products, including the AFFF products used to fight fuel fires. PFAS are highly water-soluble, which causes the chemicals to spread easily and contaminate soil, groundwater, and surface water.

Testing of fish tissue samples last year also showed the continued presence of PFAS in Neshaminy Creek, causing the state Departments of Health, Agriculture, and Environmental Protection to issue a “Do Not Eat” advisory for all species of fish caught in the Neshaminy Creek basin.

“You literally cannot eat the fish you catch,” said Weintraub.

Certain PFAS can cause adverse health effects including, but not limited to, decreased fertility and increased high blood pressure in pregnant women, developmental effects or delays in children, increased risk of certain cancers, and increased risk of high cholesterol and obesity, according to the U.S. Environmental Protection Agency.

Health advisory levels of PFAS in water have long remained at 70 parts per trillion, but the state Department of Environmental Protection seeks to significantly reduce those levels. The public has until April 27 to comment on the state’s most recent proposal.

“While we will continue to investigate and study the health effects of these harmful chemicals, the time to hold these companies accountable is now. They knew that their firefighting foam products contained these toxic substances when they peddled them and that they were dangerous even when used properly,” Harvie said.

“These companies interfered with our rights to public health, safety and peace, and the right to pure water and to the preservation of the natural environment,” said Weintraub. “As district attorney, I am dedicated to protecting the county and its residents from the deceptive and unfair acts and practices of the manufacturers of PFAS in connection with their marketing and sale of products containing these undisclosed ‘forever chemicals’ to entities throughout the county.”

“The health and safety of the citizens of Bucks County is our top concern,” he said.

Asked about why the suit was being filed now, Weintraub said officials had been investigating the matter and reviewing the law for the last two years.

“There is an old Israeli proverb. The best time to plant a tree was 30 years ago, but the second-best time to plant a tree is today,” said Weintraub.

Khan said, “This lawsuit is about more than the county’s substantial rights as a property owner. This is about enforcing the people’s constitutional right to pure water. These corporations need to pay for their outrageous misconduct and this lawsuit will help make sure that they do.”

“Pennsylvania is the only state in the country that guarantees a right to pure water,” said Khan.

Bucks County and the Bucks County District Attorney’s office are represented by attorneys from Baron & Budd, P.C., Cossich Sumich Parsiola & Taylor, LLC, and Dilworth Paxson LLP.

Grant Thompson, a spokesman for 3M, one of the defendant companies, said, “3M acted responsibly in connection with products containing PFAS, including AFFF (aqueous film-forming foam), and will vigorously defend its record of environmental stewardship.”

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Carjackings Soar in Philly, Not in the Suburbs — Yet

Carjackings have become an epidemic in Philadelphia.

The numbers tell the story. In the past three-plus years, carjackings within the city have risen from 224 in 2019 to 840 last year. As of February 7, there had been 154 carjackings so far this year, an average of better than four per day. If that trend continues, the city will be on pace to record nearly 1,500 carjackings in 2022.

Concerns have arisen about the carjackings and associated violent crimes spilling over into adjacent communities.

Bucks County District Attorney Matt Weintraub says he is not seeing that happening, at least not yet. Part of the reason is the fear of tougher enforcement and the likelihood of jail time.

“I hate to put this out into the universe for fear of a jinx,” he said, “but we have not seen an increase so far. I’m hoping that remains the case.”

The Delaware Valley Journal asked Weintraub what he believes is causing the spike in carjackings beyond Bucks County’s borders.

“I think there’s just an air of permissiveness or laxity in certain jurisdictions that do not exist here in Bucks County,” he said. And hopefully, without trying to take too much credit that’s not due, the message has been conveyed pretty loudly and clearly, that if you’re going to commit a crime of violence in Bucks County we will investigate you, we will arrest you, and prosecute you and send you to jail for a long time.”

Weintraub says he believes criminals understand the ramifications of being charged with a violent crime in Bucks County.

“There certainly is an underground communication network among the criminals,” he said. “They know where the borders are, and there are some by chance that comes across borders. We have some of our own criminals to deal with in Bucks County, but we have not been negatively impacted by spillover from counties with lesser enforcement.”

Former Chester County District Attorney Tom Hogan shares Weintraub’s view that the carjacking issues plaguing Philadelphia have not spilled over into surrounding communities, at least for now.

“We don’t have anywhere the volume of carjackings that they are having in Philadelphia,” he said. “However, it is starting to become a problem. It is a problem mostly in the areas that immediately border Philadelphia.

“The reason it is not a problem in the collar counties so far is the criminals don’t pay that much attention when they’re very close to a border, (but) they definitely know the difference between when they’re in the heart of Montgomery County and when they’re in Philadelphia. And they know if they get caught carjacking in Philly, there is going to be very little penalty. If they get caught carjacking in any of the collar counties, they’re going to state prison for a really long time.”

Hogan says he believes carjackings are spiraling in Philadelphia for two reasons.

“The carjackings are being used for drive-by shootings,” he said. “You jack the car when you’re about to do a drive-by because you certainly don’t want to do it in your own car; surveillance will pick it up. And the other reason they are carjacking cars is that they are always running from the police.

“And Philly has a pretty strong no-pursuit policy. So, what they’re going to do is, they’re going to run from the police in these carjacked cars, and then they’re going to ditch the car.”

Patrick Molloy has spent his entire career in law enforcement in Abington Township. He has been the township’s chief of police since February 2018.

“We’ve had three carjackings (recently),” he said. “They range from back in mid-November until just this past Sunday afternoon. One was in North Hills, one was at the Willow Grove Mall and the last one was in Jenkintown by the Acme.

“I’ve been here 28 years, and I don’t remember any carjackings in my career,” he said.

Molloy says closing classrooms in response to COVID-19 contributed to the problem.

“I think a number of issues may be converging,” he said. “Not the least of which would be the fact that we have a bunch of juveniles who should have been in school and had informal guardians in the high schools and middle schools keeping tabs on them or helping them out. We have a bunch of idle kids who are supposed to be in front of a computer, going to school.

“I think the second thing is this new bail reform which has sent a message that despite having a violent crime committed, or committing a crime with a gun (suspects), oftentimes receive low cash bail to no cash bail,” Molloy said.

“You see a backlog in the courts because of COVID. And the backlog is having people who should have been in court and receiving their sentences or some kind of probation or monitoring from the criminal justice system, that’s not happening,” said Malloy.

In contrast to Philadelphia’s no-pursuit policy, Molloy says his officers will pursue a carjacking suspect, but not at the risk of public safety.

“We have a risk matrix where it comes to pursuits,” he said, “and certainly nothing is worth a third-party innocent victim getting T-boned because we’re chasing somebody for a property crime, or it just doesn’t fit within our policy. There are a number of variables that take place when we’re making a decision.

“We will pursue, that’s partially correct, but we also don’t advertise the fact that we’re going to terminate that pursuit because the risk of injury to the public outweighs the benefit of apprehension,” he said.

 

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RNC Honcho Fires Up Volunteers at Bucks Co. Republican Headquarters

About 50 volunteers came to the Bucks County Republican Headquarters in Doylestown last week to learn the ins and outs of door-knocking and phone calling for the upcoming midterm elections.

Before the training began they heard remarks from Congressman Brian Fitzpatrick and from Tommy Hicks, Jr., National Republican Committee co-chair from Texas.

“We’ve got a generational opportunity to grow the Republican Party,” Hicks told the Delaware Valley Journal. “And frankly it’s because we stand for faith, freedom, and opportunity, and it’s clear to the American people that the Democrats now stand for what is effectively socialism and government control.”

Tommy Hicks Jr.

Hicks says he believes the Republican message “resonates with the American people. We need to take this momentum and try to make it permanent across the country and especially here in Pennsylvania, which is ground zero for the midterms in 2022.”

Hicks said other Philadelphia collar counties, which have been in the Democratic recently, can return to the GOP, following the example of Bucks County in 2021, where Republican candidates swept the county row officer races.

“We’ve made some good progress in November with some municipal races and some school boards,” said Hicks. “I think the momentum is on our side. We can push on that momentum. We have a generational opportunity to give power back to the people and take it away from unelected bureaucrats.”

Asked about Chester County, where voter registration has given the Democrats an advantage, he said, “Everything’s in play. Right now the Republican Party and the RNC (believe) everything that Joe Biden won by 10 or 12 points, we think is in play right now.

“So we’re going to be investing resources,” he said. “We’re going to be recruiting volunteers, and I think there’s an opportunity to make massive pick-ups in Pennsylvania and across the country.”

Hicks said he’s spent a lot of time in the state before the 2016 and 2020 elections, as well as for business. He’s a private equity investor.

“I’m from Texas, and I think Pennsylvania can be the next Texas with all the energy jobs you can create,” said Hicks. “There’s a huge opportunity here, throughout Pennsylvania. And we just need the right kind of political and policy leadership to make that take place. And I’m hugely optimistic about the future of this commonwealth.”

“I love the people in Pennsylvania,” said Hicks. “They remind me a lot of Texans—in a good way. People respect entrepreneurs and risk-takers, and I like that. That’s the American way.”

Asked why he is involved with politics, Hicks, who has been RNC co-chair for three years, said, “Because I love our country and when you’re given an opportunity to be involved in leadership politically you’ve got to make the most of it.”

Hicks mentioned he wants to preserve the America he loves for his three daughters.

“With this movement, we have right now to give America back to the American people and take it away from Washington, who feels entitled to control the American people, it’s an opportunity you can’t refuse. And you’ve got to work day and night to make sure you help get the American people out of this situation where Washington controls every aspect of your life,” he said.

Later, Hicks told the volunteers he got involved after Democrat Barack Obama became president and he was unhappy with his policies.

“Little did I know that a friend of mine’s father was going to run for president (referring to Donald Trump). I said, ‘Can I carry your bags?’” said Hicks. “We all get started as volunteers in different ways. This is the lifeblood of our movement.”

In introducing Hicks, Fitzpatrick described Bucks County as being partly rural, partly suburban with middle-class and blue-collar areas.

“Bucks County is a crossroads, it’s a slice of America,” said Fitzpatrick.

“It’s a swing district–”

“Not this year,” Hicks cut in, prompting laughs.

“It’s incredibly important this year,” said Fitzpatrick, who noted that not just federal offices but state and local seats are in play. “It’s all-important,” he said.

Hicks told the group, “This is ground zero for us to take back this republic from the radical Democrats So we are focused on growing the party. Congratulations to Pennsylvania. We’ve shrunk the lead by 200,000 registered voters. We’re going to continue working on that. We’re going to continue messaging. We’re going to continue to recruit people for state and local offices.

“People understand what’s at stake,” he said. “I have three little girls and we’ve fought for generations for what we have. We cannot let it go. And it goes away if we do not win this November.”

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Need a Little Christmas? Visit Bucks County’s New Hope

All aboard! If you’re heading for New Hope–named one of the country’s best towns for Christmas–you’re in for a treat.

According to MyDatingAdviser.com, New Hope ranks as the fifth-best out of 152 Christmas towns in the nation. The ranking was measured based upon dining, festive activities, hotels, transport, weather, among other indicators of an enjoyable holiday experience.

One of the most famous attractions that bring many locals and visitors to Bucks County is the Santa’s Steam Train Ride on the New Hope Railroad. The hour-long round-trip from New Hope to Lahaska welcomes people of all ages to experience the scenic countryside of Bucks County.

Christmas in New Hope
by Anthony Sinagoga Courtesy of Visit Bucks County

Once passengers are comfortably settled in the railcars,  roaming musicians play Christmas carols while hot chocolate and freshly baked cookies are served. Children and adults are welcome to wear pajamas on the train setting up a familiar atmosphere toward the famous Christmas film The Polar Express. The attraction will begin running on Friday, Nov. 26.

Visitors can also stroll through the decorated railroad station and visit the 1891 Freight House Gift Shop and Christmas Gift Shop located within the historic Victorian-style passenger station.

With the pandemic waning, Paul Bencivengo, president of Visit Bucks County, is optimistic for the 2021 holiday season.

“Visit Bucks County heavily promotes region with the ‘Holidays in Bucks County’ marketing campaign with outdoor billboards, a television commercial, digital advertising, and more,” Bencivengo said. “The holidays are a very festive season in Bucks County, and it’s a great time to visit.”

Peddler’s Village
Kevin Crawford Imagery

“We encourage locals and visitors to purchase gift cards to attractions, museums, restaurants, hotels, and bed and breakfasts — a getaway experience is a perfect gift! These purchases support the local economy and help spread joy throughout the holiday season,” he said.

Bucks County officials hope to match the economic boom they saw in 2019, where the tourist industry generated a billion dollars in financial impact and supported a total hospitality workforce of 30,000.

Another popular attraction set to open for the holiday season in New Hope is Peddler’s Village. A holiday tradition since 1984, where the Gingerbread Competition and Display is one of the site’s top attractions and included its free admission.

 

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Bucks County H.O.G. Seeks Holiday Lights

What began as a fun way for the Bucks County Harley Owners Group to get out and do some riding while the COVID pandemic was in full force, is back this year and with even more amusement in store.

So if you see someone pull up to your house on a Harley and take out a cellphone or camera and aim at your Christmas lights, don’t worry. It’s a member of the Bucks Co. H.O.G. getting a selfie for the club’s contest.

The members then post their photos taken on each of the 12 days of Christmas on the club’s Facebook page, said Suzanne Lane, assistant director. A prize will be awarded at their annual holiday party after the 200-plus members vote.

“It’s entertaining,” said Lane, a South Brunswick, N.J. resident. “It brightens people up.”

Kevin Savoy as Santa holding Benji at Stars & Stripes Harley-Davison, with John Bittner.

Kevin Savoy, of Levittown, has been a member of Bucks Co. H.O.G. for five years and will serve as club activities director for 2022.

“It’s about the spirit of the holiday,” he said about the selfie contest. “To just share a little joy.”

Savoy, who also entertains children as Santa, including recently at Stars & Stripes Harley-Davidson, does recognizance runs to find special lights and decorations displays for his selfies.

“I like the uniqueness, of people’s originality,” said Savoy, about what he looks for when snapping a photo of various Christmas displays. “The other thing I like is people who have yards just full of stuff that really demonstrate the Christmas spirit. It’s also about the holiday. They took the time to decorate so other people can enjoy it.”

“We try to respect people’s privacy,” he said. “Sometimes people don’t want you to take pictures…Sometimes you’ve got to explain to them what you’re doing.”

“But most people are pretty receptive to it,” said Savoy, who is retired from the Department of Corrections.

Savoy and his wife, Michelle, have three children ages 25, 23, and 14. His youngest son, Brandon, enjoys participating at the group’s events and likes to call the numbers when they have bingo, he said.

“A lot of the stuff we dois charity work,” he said. For example, they raise money for the Muscular Dystrophy Association and they just held a “Pink Your Ride” for Breast Cancer Awareness and raised nearly $11,000 for St. Mary’s Hospital.

“We did a food drive for Thanksgiving for a food pantry and delivered over 400 items,” said Savoy. “We are a riding club, but we also think about others who are less fortunate. We did a homeless shelter ride the Saturday before Thanksgiving and brought over $1,800 in gift cards for them to buy Christmas (presents).”

Savoy said he felt honored to be asked to be an officer of the group.

“Unfortunately, my mom passed away a year ago last December,” said Savoy. “For the 365 days of her passing, I committed to doing more charity work. So this is my year of giving, I call it.  Right now I’m organizing an MDA fundraiser. We’re selling 200 raffles at $20 a raffle for tickets to a Flyers game.”

They also did a charity ride for Toys for Tots for Children’s Hospital.

“We filled the bed of my pick-up truck with toys,” he said.

His mother, Rosemary Savoy, was very charitable “especially around Christmas.”

“She sponsored families,” he said. “I just try to recognize her that way. Hopefully, in my good graces I’m doing good to represent her.”

Anybody can join if they are a member of the National Harley Owners Group. There is an additional $24 a year to join the local chapter, he said.

Over the years, motorcycle riders have gotten a bad reputation because of various criminal gangs, but the Bucks Co. H.O.G. is the opposite of that.

“We do a lot of positive things,” said Savoy.  “Our hashtag for Twitter is ‘#bestHOGchapterever.’ We’re very family-oriented. We’re very outgoing. We really try to bring the best out of people. I’m hoping I’m making Mom proud. It’s a group effort.”

“It’s all about notoriety for the good of people, not the bad of people. The holiday season is about giving back,” said Savoy.

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Open Records Expose How Wolf Admin. Coerced Local Health Dept. Mask Mandates

Just as the Commonwealth Court struck down Gov. Tom Wolf’s mask mandate for public school students in a 4-1 decision Wednesday, Bucks County parents unveiled damning evidence showing the mandate was accompanied by extremely unethical coercion of local government by the state.

Specifically, Wolf’s health department apparently directed its allies embedded in the Bucks County Commissioners’ office to strip the Bucks County Health Department of its legally delegated authority.

The information parents obtained through Right-to-Know (RTK) requests includes letters from Alison Beam, an attorney serving as Wolf’s acting health care director, and email records that together describe how state officials worked with the commissioners to reverse guidance from the Bucks County Health Department. The letters and emails were from August 2021.

Those parents from the Central Bucks School District, among those who prevailed in Wednesday’s decision against the Pennsylvania Department of Health, specifically named Beam as a defendant. They are also part of a separate, but related suit against their district that is currently before the Court of Common Pleas in Bucks County.

The RTK records flesh out some of the key decision-makers who enabled the Wolf administration to coerce its more restrictive COVID-19 policy preferences on Bucks County. The state-local conflict kicked off with an August 23 letter from Beam to the Bucks County commissioners. In it, Beam opposed the 2021–2022 School Reopening Guidance and Frequently Asked Questions that Dr. David Damsker, the county health director, had circulated just days earlier on August 15.

Damsker wrote in his guidance, “Thankfully, all available evidence in Bucks County and—elsewhere—indicates that while serious illness in children with COVID-19 is possible, it is very rare.” He added, “There is also a clear consensus that students learn best while in school and there is no substitute for the advantages that in-person learning provides.”

But the Wolf administration was having none of it. Beam’s letter labeled “numerous aspects” of Damsker’s guidance as “inconsistent” with federal and state recommendations. In preparation, Faith Haeussler, director of intergovernmental affairs for the state health department, sent an August 23 email addressed to Diane M. Ellis-Marseglia, Bucks commissioners chair, alerting Ellis-Marseglia to Beam’s pending letter: “I would like to speak with you at your earliest convenience to discuss a letter that the Department of Health will be issuing in the future.”

From that point forward, Haeussler served as a conduit for communication between county and state government officials. The official response to Beam’s letter came from Margaret McKevitt, chief operating officer for Bucks County, who sent an email addressed to Beam and Haeussler where she attached the county’s amended, more restrictive, guidance. McKevitt’s email copied the commissioners and Damsker. The commissioners’ August 23 press release detailed those changes, but provided no evidence or statement that Damsker’s guidance had changed.

“Given Damsker’s past of being measured and consistent with his previous school guidance, it would have been extremely out of character for him to change his advice two days after issuing a guidance update,” Megan Brock, a parent active with a grassroots group known as ReOpen Bucks, observed. If Damsker’s guidance had remained in place, Brock suspects that schools would have had more flexibility.

How much authority Damsker and his constituents in Bucks County now have is an open question. The back and forth between the commissioners, Beam, and other Wolf administration officials indicate an effort to short-circuit local government, particularly the Bucks County Health Department.

Other email records worth highlighting came from Mark Hoffman, executive director of the Bucks County Intermediate Unit, who sent the county’s updated guidance to school superintendents at the behest of McKevitt—with Damsker out of the loop. There was also an August 24 email from Rob McGee, the superintendent of the Neshaminy School District, addressed to both Ellis-Marseglia and Damsker, that should be of interest to parents.

McGee submited that when Bucks followed its own health department guidelines, he was able to keep Neshaminy students in school.

“Sadly, the attached recommendation sets Neshaminy back to conditions less flexible and conducive to quality education than last year,” McGee wrote. “CDC recommendations are a ‘One-Size-Fits All’ for the nation,” he added.

The recent legal victory cannot make up for the time students have lost in school this past year, but it can help to restore self-government and, crucially, local control. The pandemic and its aftermath taught us how dangerous “one-size-fits all” can be.

 

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Montco, Bucks Sue State Over Dates on Mail-In Ballots

The Montgomery County and Bucks County boards of elections have filed a lawsuit against the Pennsylvania Department of State secretary seeking to clarify the rules for mail-in and absentee ballots.

At issue is whether ballots where voters do not include a date with their signature as instructed can still be counted.

“The Pennsylvania Supreme Court held that a county board of elections must have a compelling reason for refusing to canvass a ballot due to minor irregularities,” the suit said. And it added, “The legislature has failed to provide any clarification for voters or county boards of election regarding the voter’s declaration.”

Rep. Seth Grove (R-York) said the legislature is filing a brief to intervene in the case, which is pending in Commonwealth Court. According to the docket, state lawyers asked for more time to respond to the suit, which was filed Oct. 1.

Grove, who chairs the House Government Committee, said the Pennsylvania Supreme Court issued rulings in the 2020 election to permit the counting of mail-in ballots in an Allegheny County race that were not properly signed and dated.

The state Supreme Court ruled on Nov. 23, 2020 against a challenge brought by Nicole Ziccarelli, who lost a close state Senate election, regarding the validity of 2,349 mail-in ballots that were signed but not dated. A four-justice majority held that not dating the ballots “did not warrant the disenfranchisement of thousands of Pennsylvania voters.”

“Uniformity, that’s our big issue with the elections,” Grove said. “You’re seeing non-uniform policies.”

Grove said the changes requested in the lawsuit filed by Bucks and Montco officials had been part of previous legislation vetoed by Gov. Tom Wolf. In an op-ed in “The Federalist,” Grove accused the county officials of working to advance the goals of the Democratic Party through the courts, rather than working with legislators to fix the state’s election laws.

However, new election laws were introduced in the legislature to make the voting process smoother.

“As the Voting Rights Protection Act moves through the legislative process, the committee today took steps to ensure elections across the commonwealth’s 67 counties are uniform and that all voters are treated equally,” Grove said, on his website. “We also took a major step toward holding non-elected public servants accountable in terms of ensuring ballot questions actually up on ballots.”

Grove cited these bills:  Senate Bill 738 by Sen. Kristin Phillips-Hill (R-York) would require the Department of State to post a tracker on its website for the public to monitor every step and action item the department is taking to ensure proper compliance to carry out a proposed constitutional amendment.

And House Bill 1482 by Rep. Bryan Cutler (R-Lancaster) would require the Commonwealth and each county in this Commonwealth to implement a post-election audit using an approved auditing method.

In addition, House Bill 2044 by Rep. Eric Nelson (R-Westmoreland) would end private funding for public elections in the commonwealth.  More than $20 million was given by a nonprofit related to Facebook founder Mark Zuckerberg went to 21 Pennsylvania counties that were trending Democratic or had a majority of Democratic voters in 2020.

While there were widely reported issues with the 2020 election, there have also been problems with the Nov. 2 2021 election, particularly with mail-in ballots in Montgomery, Chester and Delaware counties.

In Indiana County, Grove said, voters were given the wrong instructions for mail-in ballots, then the corrected instructions issued were also incorrect.

“You can’t make this stuff up,” he said.

He is very concerned about the 2022 election cycle, since the governor’s office and a U.S. Senate seat will be contested and large numbers of voters will likely cast ballots. The Senate seat, now held by Republican Sen. Pat Toomey, who is not running again, could decide which party controls of the Senate and is widely thought to be a seat that might flip to the Democrats.

“Next year in Pennsylvania there will be a nationalized election for the outcome of Congress,” said Grove.  “We want to at least make sure Frances Wolf does not become confused in the next election.” Grove was referring to a widely reported error by the first lady, who dropped off her husband’s mail-in ballot, in violation of election laws.

A spokesperson for Wolf called that incident “an honest mistake.”

Republicans Retake County Row Offices in Bucks

Bucks County incumbent Republican District Attorney Matthew Weintraub easily won re-election Tuesday, 58 percent to 41 percent over Democratic challenger Antonietta Stancu. And that may be just the beginning of the good news for the Bucks County GOP.

In the unofficial tallies, Republicans appear to have won some of the county row offices as well, with Fred Harran leading Democrat Mark Lomax in the sheriff’s race, 53-46 percent. Coleen Christian holds a similar lead over Democrat Judi Reiss for county prothonotary.

Pamela Van Blunk bested incumbent Democrat Neale Dougherty for controller 53 to 46 percent and GOP candidate Dan McPhillips prevailed over Robin Robinson 54 percent to 46 percent for recorder of deeds.

“It had been an honor to serve the citizens of Bucks County these last four years,” said Dougherty. “Working with the incredible team of caring and dedicated professionals here in the controller’s office has been a privilege. Congratulations to my opponent, I wish her all the best going forward.”

In Delaware County, Democrat candidates have pulled ahead for the county row offices, with incumbent Sheriff Jerry Sanders topping challenger Larry Weigand 51 percent to 48 percent. However, mail-in ballots were still being counted there Wednesday morning.

Two Democrats in the county council race, incumbent Councilman Kevin Madden and newcomer Richard Womack were ahead of Republicans Joseph Lombardo and Frank Agovino.

GOP Chairman Thomas McGarrigle noted the Republicans had been ahead Tuesday night, but the mail-in ballots are breaking Democratic. In many municipal races, like Upper Darby and Collingdale, Republicans are doing well. McGarrigle also chided county officials for their clumsy handling of the elections.

“You look at the county, it’s clear they can’t govern and the residents of Delaware County have seen that,” said McGarrigle, noting the Republicans ran clean, fair, and efficient elections there for 150 years.

“This is the fourth election these individuals have run and we’ve had problem after problem,” McGarrigle said. “We took them to court because 5,000 plus ballots were mailed out after the deadline.”

In Chester County, where mail-in votes were also still in the counting process Wednesday morning, it remains a nail-biter.

Republicans were hanging on to a lead in some of the county row offices including Jeanna Nicholas at 50 percent to incumbent Patricia Maisano at 47 percent and Controller Margaret Reif at 49 percent to challenger Regina Mauro at 50 percent.

“I would like to thank and congratulate all of our candidates, campaign workers, and volunteers from the top to the bottom of the ticket for the work they have done during this election cycle,” Chester County Democratic Chairwoman Charlotte Valyo said in a statement.

“Our candidates ran positive, fair campaigns focused on issues, facts, and accomplishments. The ballot counting in Chester County will continue today. Mail-in ballots that were received by mail or in drop boxes after 7:00 p.m. Friday, October 29 until 8:00 p.m. Tuesday, November 2 are still being processed.

“The initial results for the state judicial and county-wide races are very favorable. Mail-in ballots cast during an election are primarily cast by Democratic voters. If this trend continues, I see a victory for the voters of Chester County.”

Montgomery County’s row offices were not up for grabs in this election, but the county had municipal and school board races, as well as judicial contests.

Early Wednesday morning, Montgomery County GOP Chairwoman Elizabeth Havey Preate said, “The county has not completed the count as they had expected. But it appears Republicans had a great night winning in several blue townships across Montgomery County.”

Statewide there were several judgeships on the line, including a seat on the state Supreme Court.

Reports Wednesday morning showed Republican Judge Kevin Brobson beat Judge Maria McLaughlin for that post.

While Republican Committee Chairwoman Ronna McDaniel predicted a “red wave” will sweep the country next year, Temple University political science department chair Professor Robin Kolodny said the most important factor for the 2022 midterms is likely how the redistricting maps are drawn.

“Probably the most important issue right now for the midterm elections is how the new maps will look in certain key states. Expect some surprising court decisions in some places,” she said.

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Competition Heats Up for Bucks County Controller, the Fiscal Watchdog

As election day quickly approaches, Bucks County voters must decide between incumbent Neale Dougherty (D) or attorney Pamela A. Van Blunk (R) for Bucks County Controller.

Prior to his term as controller, Dougherty worked in financial services and commercial insurance at Federated for 15 years. He got involved with local politics, becoming a  member of the New Hope-Solebury School Board and later, school board president. While on the board, he also chaired the finance and facilities committee.

Dougherty said his experience in finance has been “essential” to the position. “Having a background in finance is critical to this job. My experience for the last four years has really helped me,” he told the Delaware Valley Journal.

Bucks County Controller Neale Dougherty (D)

Meanwhile, Van Blunk, of Van Blunk Law, LLC, says she believes the controller needs a legal background, citing how, traditionally, the controller’s position in Bucks County has been held by an attorney since the job involves much legal interpretation.

“The controller scrutinizes, audits, and decides on all bills, claims, and demands against the county to verify that the claim is legally due and that the supplies or services for which payment is claimed have been furnished or performed under legal authority,” she said. “If the controller has concerns about a claim or invoice made to the county, the controller has the authority to investigate by issuing subpoenas, taking testimony under oath, and gathering evidence. If, after an investigation, the controller still has concerns, they have the authority to refuse approving the claim for payment. If the commissioners still want to pay the claim, they will need to go to court, present evidence, and have the court determine whether the claim must be paid.”

Audits have been an integral part of Dougherty’s work.

“The uptick in audits is important for taxpayers,” he said. “It has been a big improvement since I arrived. We audit the other row offices. We continue to audit the tax collectors and district courts. However, the increase of audits of row offices has been a real service to taxpayers,” he said. “We provide guidance to the commissioners on how to properly spend funds and we’ve done all that while meeting our daily responsibilities of accounts payable, payroll, paying the constables, the retirement checks, and looking after the retirement fund.”

Pamela A. Van Blunk (R)

If Van Blunk wins, she says she would be most excited to have “the ability to put my background and skills to use for the people of Bucks County. I believe in government transparency and holding our government officials accountable to the taxpayers because our taxpayers deserve to know where their tax dollars are being spent.”

Van Blunk’s background includes “extensive experience reviewing and interpreting laws, rules and regulations, reviewing financial reports, working with accountants, investigating misspending and fraud, gathering and presenting evidence, having subpoenas issued, taking testimony and going to court and trial.”

“Because of my legal background, I can hit the ground running on day one in office,” she said.

The election for controller carries more weight this year since whoever wins the office will have to oversee the commissioners’ use of $61 million in American Rescue Plan funds from this year alone, in addition to another $61 million the county will receive next year.

A draft of the budget has already been prepared by the commissioners, according to Dougherty.

“We’ll provide guidance on how to allocate it. It is not dedicated at this time, but we do know it will include grants for small businesses in Bucks Country,” he said.

On the topic of the American Rescue Plan Funds, Van Blunk said, “I intend to audit each and every dollar of COVID-related money that is coming into Bucks County to make sure that it is spent legally. I also believe that our taxpayers deserve to know where it is being spent and whether it is going to those who most need it.”

Ahead of election day, Dougherty said he would like voters to know that what he is most proud of, after serving for four years as controller, is that the office “is probably the least partisan of all the offices. And I have been fair and productive as the officeholder. I think folks should know about that.”

“I moved to Bucks County 28 years ago to raise my family in a safe community surrounded by great neighbors. Now that my family is grown, I want to give back to Bucks County to help ensure that it stays the wonderful place we are all so proud to call our home,” Van Blunk said about her message to voters.

Election Day is next Tuesday, November 2. Polling places will be open from 7 a.m. to 8 p.m.