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Election board to hear petition complaint

By Paul Sunyak 3 min read

An official complaint lodged by a long-time member of the Fayette County voter fraud committee against a newly appointed member is headed for a hearing before the Fayette County Election Board. Jeraldine T. “Jerry” Mazza of Vanderbilt asked the board to investigate the fact that Joseph Malaspina of Washington Township circulated nominating petitions for Democrat Party committee person in three of that township’s voting precincts.

On each of those petitions, Mazza alleges that Malaspina attested that he was a resident of the voting district.

Malaspina, the incumbent Democrat Party committeeman in Washington Township District 2, where he resides, also circulated nominating petitions in that township’s District 1 on behalf of candidate Gloria Yuschak and in District 4 on behalf of candidate Sean Sypolt.

Malaspina has contended that the vagueness of wording on the nominating petition caused the error. He has said that he understood “political district” to be the entire township and thus initially saw nothing wrong with circulating petitions on behalf of others he wanted to see elected to the party’s governing committee.

In separate rulings, Fayette County Judges John F. Wagner Jr. and Ralph C. Warman threw out the District 1 and 4 petitions that bore Malaspina’s signature as the circulator, after they were challenged by other candidates. Malaspina has said that he only then discovered that party committee person is one of three elected positions – the others being judge of elections and auditor – where you must reside in a specific voting precinct in order to circulate nominating petitions for a candidate.

Mazza has asked the county commissioners to remove Malaspina from the volunteer voter fraud committee, saying that as a longstanding Democratic Party committeeman he should know the election law. She has also said his presence on the voter fraud committee taints the reputation of that group, which was formed to root out corruption and improve accountability in the voting and election processes.

“In my opinion, Mr. Malaspina’s actions are contrary to election law and should be investigated by the Election Board,” wrote Mazza in her petition for a hearing.

Assistant county solictor Sheryl Heid has informed the county commissioners and Election Board member Dave Lohr of the request and has advised Mazza to submit in writing the names of any witnesses and a list of any exhibits she intends to submit to the board. Lohr serves on that board with Commissioners Vincent A. Vicites and Ronald M. Nehls.

Mazza’s basic contention is that on the various petitions signed by Malaspina, he states under oath that he is an elector duly registered and enrolled as a member of Washington Township precincts 1, 2 and 4.

Malaspina has publicly admitted he made a mistake but adamantly rebuts any contention that he did so purposely or with the idea of breaking the law. Commission chairman Vicites, a Malaspina ally who picked him for the voter fraud committee, has said he’s a good man who made an honest mistake.

Nehls has said that he’d consider removing Malaspina from the voter fraud committee if other members of that group feel his presence undermines its purpose or dilutes its effectiveness.

Commissioner Sean M. Cavanagh has said that the Malaspina matter is the result of a “political war” in Washington Township involving Vicites and his one-time mentor, former commissioner and current Democrat Party Chairman Fred L. Lebder.

Cavanagh has said that he has nothing to do with that battle, and has rebuked Malaspina and Vicites for trying to diffuse the real issue by tying him to Lebder.

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