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Faced with conflicting legal opinions, Luzerne County’s Election Board must decide if the district attorney race will be on the ballot this November or in 2023.

Proper protocol is subject to interpretation because of a new state law governing DA vacancies, officials said.

Under this law, prior first assistant DA Sam Sanguedolce was automatically appointed to fill the post March 25, when Stefanie Salavantis resigned because she is running for county judge.

The new statute says the first assistant serves “until the first Monday in January following the next municipal election occurring not less than 90 days after the occurrence of the vacancy.”

Municipal elections are held every two years, including 2021. The vacancy occurred too late to appear on the May 18 primary election ballot.

County Assistant Solicitor Michael Butera is standing by his initial argument that the race cannot be on the ballot until the 2023 primary because nominees must be selected through a primary in a municipal election year.

However, Attorney Joseph M. Cosgrove, who was retained by the county Office of Law to provide an opinion, takes a position the new statute requires the DA race to be on the ballot this November because it is the next municipal election.

Cosgrove said existing state election law allows the county Democratic and Republican parties to 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.

County Chief Solicitor Romilda Crocamo gave the election board memorandums from both attorneys shortly before 6 p.m. Monday and said the county Office of Law as a whole recommends adding the race to this November’s ballot.

“After a thorough review and consideration of all relevant information, the Office of Law is of the opinion that Attorney Cosgrove’s analysis provides the appropriate approach and legal determination,” she wrote.

Crocamo is asking the county election board to consider the matter at its meeting Wednesday.

It’s unclear if the election board will choose to vote on it at that time. Wednesday’s meeting was called to publicly interview applicants for a fifth board chair seat. The chair seat, also unpaid, is filled by the four council-appointed citizen board members.

Crocamo said the board must make the decision because it approves ballots. Even though the November ballot is months away, addressing the issue now will allow time for potential legal challenges to be adjudicated, she said.

Sanguedolce has previously stated he welcomes the opportunity to run. He said Monday evening he has not yet had a chance to review the opinions presented by Crocamo.

Timing of Luzerne County DA race before election board