Westmoreland County judge withdraws from hearing election lawsuits

Westmoreland County Common Pleas Court Judge Harry Smail Jr. has recused himself from presiding over election challenges this spring.

Smail, in a court order signed Monday, said his candidacy for a vacant seat on the Pennsylvania Superior Court created an appearance of potential impropriety and withdrew from hearing a lawsuit filed last week seeking to remove two Republican candidates for Westmoreland County Commissioner from this spring’s primary ballot.

Westmoreland GOP Committee Chairman Bill Bretz contended two of the three candidates seeking to oust incumbent Republican Commissioners Sean Kertes and Doug Chew failed to submit required documentation to run for office. Bretz is serving as Smail’s campaign manager.

The Westmoreland County Republican Committee last month endorsed the re-election bids of Kertes and Chew.

According to the lawsuit, Bretz claims John Ventre and Paul Kosko, who both ran unsuccessfully in the 2019 commissioners’ primary, did not file financial disclosures with the chief county clerk as part of the process mandated under the state’s election code to run for public office.

Common Pleas Court Judge Jim Silvis was assigned to hear the case and rescheduled hearings for 11 a.m. on Friday.