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Luzerne County voters may end up electing a district attorney this November instead of waiting until 2023.

County Assistant Solicitor Michael Butera had said Tuesday the seat Stefanie Salavantis is vacating could not be on the ballot until the 2023 primary because nominees must be selected through a primary in a “municipal” election year, which occurs every two years.

Due to the timing of the vacancy, it’s too late for the opening to appear on the upcoming May 18 municipal primary election ballot, he had said.

However, county Chief Solicitor Romilda Crocamo told council Wednesday the state’s new statute covering DA vacancies does “not spell these issues out clearly.”

“We are exploring the answers at this point, including reaching out to the Department of State. Ultimately, the court may have to decide,” Crocamo said in her email.

The new state statute says the first assistant DA must be appointed to fill a vacancy “until the first Monday in January following the next municipal election occurring not less than 90 days after the occurrence of the vacancy.”

One legal view is that the new law’s inclusion of “next municipal election” might force the county to place the DA race on this November’s ballot.

Under state election law, the county Democratic and Republican parties would each nominate a candidate to appear on the ballot when there are vacancies that must be filled at an ensuing election without time to follow other law provisions.

Party organization nominations would prevent voters from choosing nominees, but they also avoid the need for a separate primary that could cost the county approximately $100,000 for a countywide race.

Butera told the county Election Board Wednesday night there was “a lot of back and forth” throughout the day on when the DA vacancy goes on the ballot, and there was nothing he could “report definitively.”

Crocamo said research continues, and she will keep both the board and council up to date. She stressed the situation stems from interpretation of a new state statute and has nothing to do with any action or inaction by council or the board.

State Sen. Lisa Baker, R-Lehman Township, who chairs the Senate Judiciary Committee and co-sponsored the three-bill package, said Wednesday she was operating under the same interpretation that Butera had stated Tuesday — that all county Democrats and Republicans would vote on DA nominees in the 2023 primary.

Baker believes the state Election Code still applies to this vacancy. She pointed to Section 604 regarding municipal primaries and officers to be nominated, which says, “There shall be a municipal primary preceding each municipal election which shall be held on the third Tuesday of May in all odd-numbered years. Candidates for all offices to be filled at the ensuing municipal election shall be nominated at the municipal primary.”

Baker said the new legislation did not reference any special election or parameters to ignore the primary requirement.

“That’s how I was viewing the language,” Baker said, acknowledging others have different legal interpretations.

The new state legislation requires the appointment of First Assistant Sam Sanguedolce to the vacancy when Salavantis steps down at 5 p.m. Thursday. Salavantis is resigning because she is running for one of two county judge seats in the May 18 primary election, even though she said she is confident she is not required to step down under state law that she is confident supersedes the county’s home rule charter.

County Republican Party Chairman Justin Behrens said Wednesday the party’s executive committee will select a DA nominee to run on the general election ballot if necessary, but he agreed with Butera’s initial interpretation and said he senses “red flags” in the “rush” to get the race on this year’s ballot.

County Democratic Party Chairwoman Kathy Bozinski said she will comply with a decision by the Department of State and other governing jurisdictions.

If a party nominee is required, the county Democratic organization’s bylaws require the executive committee to select someone to appear on the ballot, she said. She envisions a solicitation for applications and interviews before a decision is reached. Approximately 40 party members are on the executive committee, including district party chairs and local legislators, she said.

Luzerne County DA race may be on November ballot