Lawrence County DA closes two election complaints; DA letters returned matters to elections board

The Lawrence County Board of Elections on Tuesday entered into the public record two letters from the county District Attorney's office that close criminal investigations into separate election complaints but advise affected parties about civil options.

The DA's letters address (1) a postcard distributed by the Constitution Party of Lawrence County that bore a handwritten line referencing "LWV," which the League of Women Voters said created the misleading appearance of endorsement, and (2) a 3-by-5 note passed in New Wilmington Borough suggesting a bipartisan slate.

The letters, read into the record by board staff, concluded the facts and law surrounding the distribution of the materials "do not rise to the level of criminal prosecution" and that detectives were unable to gather evidence sufficient to meet the criminal proof standard. The DA's correspondence also noted the League of Women Voters "may have the ability to pursue a simple civil action" against the Constitution Party.

Bill Messner of the Constitution Party read the DA correspondence aloud at the meeting and disputed the DA's characterization of investigators' attempts to interview him, saying he chose to assert his right to remain silent. Messner also said the party would compare its own video to the DA's and pursue follow-up steps. "We did not authorize anyone to take [our materials]," he said while disputing allegations that his group hacked or otherwise misappropriated League materials.

Chair Dan Vogler and the board solicitor noted the DA's findings and said the board has no law-enforcement authority; the solicitor advised the board does not see grounds for further board-led criminal action but must include the letters and testimony in the record. Vogler reminded attendees of statutory requirements for campaign literature disclaimers: paid-for disclaimers are required under the relevant Pennsylvania statute language the solicitor read into the record.

The board did not take further action on the complaints at the hearing. The letters were entered into the record and are available for public inspection; any party that wishes to pursue a civil remedy would do so outside the criminal process described by the DA.