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Downingtown Area School District Election Case Appealed to PA Supreme Court

A Downingtown Area School Board election dispute may determine the standing of Pennsylvania’s law regarding mail-in ballot errors.

At issue is whether election officials should follow the letter of the law or allow some leeway in counting problematic mail-in votes. Sam Stretton, a lawyer for Area 4 Democrat candidate Rebecca Britton told Delaware Valley Journal he is appealing a divided Commonwealth Court ruling to the state Supreme Court.

“It’s a very important issue,” said Stretton. And it not only affects his client, but will clarify election law statewide. “In election law we lean toward a liberal interpretation to protect the right to vote. There’s no evidence of fraud.”

Not so fast, says Michael Taylor, who represents Republican candidate Margie Miller, who will be the winner without the six disputed ballots.

Taylor said that the Commonwealth Court panel has correctly “affirmed the decision of the Chester County Board of Elections to disqualify the six ballots.”

While a recent ruling had three different opinions, a majority of the judges ruled the ballots should be thrown out, he said.

“Our elections are the bedrock of our republic and must be governed by the rule of law,” said Taylor. “Every vote that is legally cast should be counted. That is what was done in this school board race, and Margie Miller is the new director to the Downingtown School Board. Margie has won the contest at the Board of Elections, the Court of Common Pleas, and now, the Commonwealth Court. However, we have sadly heard that Rebecca Britton will now ask the Pennsylvania Supreme Court to overturn the election.

“Ms. Britton’s decision to continue with these legal challenges does a disservice to the citizens of Region 4,” said Taylor. “DASD is in the process of deciding many major issues. Besides dealing with the surge in COVID, the school district is deciding whether to build a new school or refurbish others. Region 4 is not at the discussions or able to cast a vote while Ms. Britton continues with these legal fights. The Miller campaign is weighing its options.”

Miller said, “With only four votes separating my opponent and myself, this has been quite a journey and an education. I am a teacher, not a politician. My intention upon running was to be an advocate for our children and a voice for the residents of region 4. At this moment, there is no voice nor representation for region 4. With the election uncertified and being appealed at the State level, my constituents are left with no vote or say in any matters or plans pertaining to DASD. It is a case of taxation without representation. Although I receive correspondence and calls from constituents, I have to answer as Director-Elect. I encourage them to write to all board members as I am unable to speak for them at this time.

“I enjoy connecting and emailing with the people of Downingtown. Th1ey are very candid, concerned, and truly want what is best for our community,” she said. “They also thank me profusely for responding to them – they appreciate knowing that they are heard. The people of region 4 have spoken – I won in November, I won at the county level, and I won in Commonwealth Court. Patience is my mantra.

“I cannot wait to serve the residents of region 4,” Miller added. “I respect and thank the judges who have given their expertise and verdicts thus far. I respect and thank all of my many supporters who are eager to witness my swearing-in. I am confident this will come to fruition in a prompt manner.”

Britton declined to comment.

 

 

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ROSICA: Will Parents Tip the Elections in 2022?

One day after winning the gubernatorial race in Virginia, Glenn Youngkin stated “We’re going to embrace our parents, not ignore them.”  Youngkin understood that angry and frustrated parents were essential to his successful bid to become governor.

All over the country, parents are dissatisfied with their local schools and school boards and concerned about their children’s future.  Extended school closures, hybrid classrooms, and overly conservative quarantine policies have harmed students academically, emotionally, and behaviorally.  Transitioning back and forth between remote, hybrid, and in-person creates continued stress for both parents and students, particularly the neediest children.

In Pennsylvania, Back to School PA PAC helped to mobilize and organize these distraught parents to recruit, train, and support potential school board candidates who put the students first. Supporting school board races in 17 diverse counties and well over 200 bi-partisan candidates, Back to School PA achieved a 60 percent success rate in its first endeavor. However, Back to School PA believes that 2021 was just the beginning for parent involvement in school board races and politics in general.

With no school board races in 2022 in Pennsylvania, these same advocates who formed Political Action Committees (PAC) to support school board candidates are trying to determine how they can influence and/or support other key races across the state. Parents have been activated, and most are now committed to remaining engaged in local and state government.

More parents may come out to vote in Pennsylvania in 2022 than any other election in recent history. Regardless of political affiliation, parents are exhausted and concerned about the future for their children and for the commonwealth.  If schools do not stay open reliably, it is difficult for parents to work.  Mothers bore the brunt of the school closures, as 33 percent of women left the workforce to support their children during virtual school. Single mothers and low-income families suffered the most during school closures. Domestic violence and child abuse increased. Pediatric hospitals are being overrun with mental health concerns, and suicide attempts have increased exponentially. More children are being hospitalized for eating disorders and depression.  Parents have watched their children falling apart literally before their eyes.

Parents have spent almost two years witnessing how local government works and how it failed our children. Many parents participated in their local school board meetings for the first time.  These parents would spend hours preparing their statement, and then they were dismissed as being selfish for wanting their children in school. In some districts, parent comments were actually censored or not included during virtual meetings. For the most part, parents have not been welcome at school board meetings and many have felt disrespected, while some have been escorted out of meetings by police.  Parents want transparency about what is happening in the classroom, and they want to be engaged and respected, not dismissed or labeled domestic terrorists.

The National School Boards Association labeled upset parents as “domestic terrorists” who should be considered dangerous and treated as such.  Instead of encouraging and modeling civil discourse, local, state and national government leaders have repeatedly shown that differing opinions and simply asking questions are not welcome.

These issues are likely to bring out more parents to vote in 2022. Parents want candidates who are not beholden to special interest groups, like the Pennsylvania State Education Association (PSEA). They want candidates who will place the importance of children and their future first. Most parents want a balanced approach to government, diversity of thought, and transparency around decision-making.  Every parent wants to be respected as the person who knows what is best for their child.

Respect of parental rights may be the single biggest issue for the 2022 elections.  Parents have never felt as demoralized and hopeless as they have over the last 22 months.  Watching their children struggle academically, emotionally, and behaviorally and feeling helpless to support them has changed the game for many parents.  And those parents who were also forced out of the workforce or had to choose between work and supporting their children during virtual learning, will not soon forget the impact of these draconian measures on their children.

2022 may be the year when parents reclaim their rights at the polls.

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