Huntingdon County will not have to consider buying a flintlock rifle in the future. Following an hour-long hearing Monday afternoon, Judge Stewart Kurtz ruled that sheriff candidate Mark Cummins Frailey’s name not be on the May 17 Republican primary ballot because he did not have the required 100 valid signatures on petitions he filed for the county-wide office.
The controversial candidate was paroled from the Huntingdon County Prison on time served under a plea agreement. He entered a “no contest” plea on two courts of corrupting the morals of a minor. Both counts are misdemeanors of the first degree.
In a previous story published in The Daily Herald concerning Frailey’s candidacy, District Attorney Robert Stewart III said that a person convicted of corruption of minors could not carry most firearms normally carried by a law enforcement officer. However, there would be no restrictions on carrying a “flintlock,” said Stewart.
March 11, former Judge Newton Taylor filed a petition on behalf of Huntingdon County resident E.B. “Sonny” Heine challenging the majority of the signatures on Frailey’s petition.
Monday’s hearing was to determine if any of those signatures would be removed for cause.
Frailey represented himself at the hearing.
Taylor called only one witness, the county registration clerk, Sandra McNeal.
The former judge meticulously went through the list of over 100 names being challenged with McNeal being asked various questions including residency and party affiliation.
Judge Kurtz determined — and Frailey agreed — that 16 names could be stricken from the petition, giving him only 91 valid signatures on a petition that requires 100. Kurtz was not required to rule on stickier questions concerning the intent of the petition signers, such as is “Chris” the same as “Christopher.”
There was never a charge that Frailey did something wrong, only that he did not get enough signatures above the minimum requirement of 100, in case there are errors.
“The last time I ran, I got four or five times more than needed,” Kurtz informed Frailey.
Frailey said he had made a “good-faith” effort in obtaining signatures, and in a response filed with the prothonotary just prior to the hearing, said that good faith should be considered, and all signatures should be valid.
“I am disappointed,” said Frailey following the hearing.
He also said he did not have the money to mount any challenge to the judge’s ruling.
Frailey said what happened is that he ran into a “political machine” in Huntingdon County because the challenge to his petition was filed hours after his formal announcement.
In his petition to the court, Frailey also wrote, “Whether true or not, there is a ‘good ole boys’ perception by the residents of Huntingdon County in how government is run. By disallowing these signatures and not allowing the name of Mark Cummins Frailey to be put on the May 17, 2005, Republican primary ballot, you are giving this perception credibility.”
William Hoover, the county’s GOP chairman attended the hearing and said it is good when voters do have a choice, but candidates must follow the rules.
Incumbent sheriff William Walters would only say, “I’m just glad this is over.”
Taylor said it is up to the candidates and those who obtain signatures to make sure they are signed properly.
Taylor also said he was sure Frailey “meant no malice” by submitting a petition with some invalid signatures.
