Berks election board responds to federal lawsuit involving write-in candidate for Lyons Borough

READING, Pa. – The Berks County Board of Elections heard an update Thursday on a legal case which has been appealed to the U.S. Court of Appeals for the Third Circuit.

Board solicitor Cody L. Kauffman recounted that Brandon Pugh, a Republican write-in candidate for mayor for the one-precinct Borough of Lyons, sued the Berks County Board of Elections following the primary election. Pugh claimed his constitutional rights were violated when the board declined to certify him as the Republican candidate in the general election because he did not meet the 10-vote threshold to qualify as a write-in candidate.

Kauffman said the U.S. District Court for the Eastern District of Pennsylvania dismissed the case, which led to Pugh filing in the U.S. Court of Appeals for the Third Circuit earlier this month.

Jeff Bukowski, special counsel representing the county, said he is cautiously optimistic because on Sept. 15, the Third Circuit denied Pugh's injunction motion but further ordered that the county's motion to summarily affirm is still under consideration, and a separate order will be issued.




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