The last post in this space laid out the reasons why Election Bureau/Board Solicitor Sheryl R. Heid should have recused herself from giving any advice to the election board on the Sept. 10 complaint filed by this writer, but the piece did not bring up a potential elephant in the room.
This piece intends to unveil that potential elephant.
Here is a brief excerpt from the May 24, 2012 election board meeting. Astonishingly, in a meeting where ex-DA Jack R. Heneks, Jr. was in attendance, in the excerpt, then-State Rep. Timothy S. Mahoney admits in open public to the alteration and signing of his altered and allegedly falsely sworn, perjured, and fraudulently filed affidavits of circulator.
The excerpt's context is Michael J. Cavanagh arguing for the election board to make a motion and to take a vote to forward his allegations (election fraud/altered election documents -- Affidavits of Circulator) against then-State Rep. Timothy S. Mahoney to the district attorney for investigation.
Mahoney: The
allegations that he is saying about the certificate – that it was altered—the
judge already ruled on that certificate that it was altered. I was told to alter it. I was told to sign it. I was told to sign 42 of’em—that I knew these
petitioners that garnered these petitions, the names. [Emphasis added.]
Commissioner Zapotosky:
We’ve already addressed that you were instructed to do that.
Mahoney: So, how can
anyone [Michael Cavanagh (overtalk): He
wasn’t instructed to do that.] recommend anything [Michael Cavanagh (overtalk):
It was never said.] to the district attorney for what I have done?
Commissioner Zimmerlink:
The recommendation is not being asked whether or not you followed the
direction of the election bureau. That’s
not what he’s asking us.
Michael Cavanagh:
That’s right; it’s a separate issue.
Let's comb through (in blue text) this miasma a little more deeply.
Mahoney: The allegations that he is saying about the certificate – that it was altered—the judge already ruled on that certificate that it was altered. I was told to alter it. I was told to sign it. I was told to sign 42 of’em—that I knew these petitioners that garnered these petitions, the names. [Emphasis added.]
Here Mahoney claims that he was told to alter it (i.e., "it," not "them," is singular and implies the singular affidavit of circulator for a nomination paper provided to him by the Fayette County Election Bureau on the advice of Solicitor Sheryl Heid).
In the 09/28/2012 election board meeting, Director Larry Blosser said that he was instructed by the solicitor (Heid) that Mahoney needed affidavits of circulator. A single affidavit of circulator for a nomination paper was provided to Mahoney by the Fayette County Election Bureau on the advice of Solicitor Sheryl Heid. However, Mahoney's claim of "I was told to alter it" begs a very serious question. If Mahoney is telling the truth in this instance, by whom was he told to "alter it"? Did Solicitor Sheryl Heid tell Mahoney to alter the affidavit? Did Solicitor Sheryl Heid tell Mahoney to sign it and the rest of what turned out to be 50 (not 42) affidavits, and have them notarized, and to bring them back to the bureau and file them?
Commissioner Zapotosky: We’ve already addressed that you were instructed to do that.
Here Commissioner Zapotosky makes the claim that Mahoney was instructed to do that (i.e., alter the affidavit, sign it, and sign the other affidavits). Again, if this statement is true, by whom was Mahoney instructed? Solicitor Sheryl Heid? Then-Commissioner Zapotosky again made the same claim that Mahoney was instructed in the 09/28/2012 election board meeting. If then-Commissioner Zapotosky had some inside knowledge as a commissioner and is telling the truth about Mahoney being instructed to alter an election document, the question of instructed by whom arises.
Mahoney: So, how can anyone [Michael Cavanagh(overtalk): He wasn’t instructed to do that.] recommend anything [Michael Cavanagh (overtalk): It was never said.] to the district attorney for what I have done?
Here Cavanagh is correct that Solicitor Heid said during the May 24, 2012 election board meeting that she merely directed Mahoney to the PA Referendum Handbook for guidance, but is that statement by Heid omitting anything? Also, here Mahoney admits in open public (before then-DA Jack Heneks) that he altered and signed the affidavits of circulator, yet a grand jury presentment never issued against Mahoney!
Were Mahoney and Zapotosky telling the truth? Did Solicitor Sheryl Heid instruct Mahoney to alter his circulator affidavits and sign them, or did she not? In the last post, we saw her argue that an affidavit would be provided to anybody and that, contra election law, Mahoney properly altered his affidavits and should have made further alterations. But, did she instruct Mahoney to alter them?
If Solicitor Sheryl Heid not only instructed Director Blosser that Mahoney needed affidavits of circulator and to provide Mahoney with a single affidavit of circulator for a nomination paper (which would imply that Heid would have knowledge that the single affidavit would have to be duplicated multiple times to cover the requirement for one affidavit for each of Mahoney's petitions), but also if Solicitor Heid instructed Mahoney to alter his affidavits and sign them, upon the filing of the Sept. 10 complaint, an "elephant in the room"-sized conflict would confront Solicitor Sheryl Heid: Recuse and allow the board to follow the law and allow the mandatory investigation of the complaint to go forward and risk exposure of instructions which led to allegations of election frauds and perjuries against the person (Mahoney) she instructed, or offer spurious advice as to why the complaint should not be heard and cover up the inconvenient truth.
Under the law, a Fayette County Election Board investigation/hearing (where testimony is taken) should be receiving answers to all these questions and more, but on the spurious advice of Solicitor Sheryl Heid, the board is in dereliction of its duty to investigate the official complaint duly filed by this writer on September 10, 2018.