As election nears, Philipsburg-Osceola sues Centre County to add seat to ballot
AI-generated summary reviewed by our newsroom.
- P-O filed emergency lawsuit to force a vacant District 1 seat onto November ballot.
- Centre County rejected inclusion, citing no written notice and already printed ballots.
- District warns absence could block majority votes and stall budgets, hires, contracts.
With less than two weeks until Election Day, the Philipsburg-Osceola Area School District filed an emergency lawsuit Wednesday against Centre County’s elections board that seeks to have a vacant school board seat placed on the ballot.
The district argues state education law requires the two-year unexpired term for the District 1 seat to be on the November ballot because the position became vacant more than 60 days before the election.
Former school board member Timothy Bainey resigned March 29. Amber Vesnesky was appointed to the position in April and is expected to fill the seat until December, when the elected replacement would take over.
Superintendent Daniel Potutschnig and school board President Richard Wood said in the lawsuit they provided the elections board verbal notice of the open seat in March and April. However, the county refused to place it on the ballot citing the district’s failure to provide written documentation before the deadline.
Centre County Solicitor Betsy Dupuis wrote in an Oct. 7 email there was “no way” to have the position added to the ballot. They were already finalized and printed, while mail-in ballots were distributed at the end of September.
If the seat remains off the ballot, the district warned its ability to operate would be immediately harmed. With only eight members, the board would be susceptible to gridlock. Education law requires a majority vote for nearly every critical decision.
Without a consensus, the school board could be unable to adopt an annual budget, levy and asses taxes, appoint or dismiss superintendents, principal and teachers, or even enter into any contract worth more than $100.
Dupuis suggested the district either leave the seat vacant until the 2027 election, ask a judge to appoint someone for the remainder of the term or seek a special election, but the district’s attorney said they were not “appropriate or viable options.”
The case was assigned to Centre County Judge Brian Marshall. No hearings were scheduled as of 12:45 p.m. Wednesday, but one could appear on the docket shortly. The district requested expedited consideration ahead of the Nov. 4 election.
Centre County Administrator John Franek Jr. declined comment Wednesday, citing the county’s general position to not discuss pending legal matters. He confirmed the county is aware of the lawsuit and is working with its attorneys to respond.
The next elections board meeting is scheduled for 3:30 p.m. Thursday at the new Community Services Building, 502 E. Howard St.