Scottdale businessman Jack Davis was looking forward to Tuesday's general election after he secured both the Democratic and Republican nominations for a 3rd Ward council seat in Scottdale.
However, Davis' hopes for an easy campaign were dashed Friday when he learned from the Westmoreland County Election Bureau that his name would not appear on the Scottdale ballot.
"I've got to tell you that I had over 60 votes in the primary and the (election) board waits until the Friday before the election to inform me that those votes no longer count ... they're just throwing them out like garbage," said Davis, a registered Republican.
"They told me that I had to return a letter they mailed me after the primary indicating I would accept the nominations. I don't ever remember seeing any such letter, and I would think in this day and age they would send such an important document by registered mail or pick up a telephone and call me," Davis said.
Davis, 56, who owns Quality Support LLC, a wooden crate manufacturing company in the former armory building off North Broadway, said he remains hopeful he can oust incumbent Councilman William White, 61. White, who was appointed to the seat three years ago, is running a write-in campaign.
County election Director James Montini confirmed Davis' plight.
"The (confirmation) letters were sent out July 1, and the letters contain a warning that if candidates fail to return them by Aug. 10 their names will not appear on the ballot," Montini said.
Montini said there is no state requirement that the election documents be sent to via registered mail.
"This really is not that uncommon. It happens a lot," he said. "In this case, though, it should not be that big of a problem since no one's name will appear on the ballot for that seat," he said.
Davis believes county officials should have been aware that he would seek the seat because he filed financial disclosure statements candidates are required to report each year.
"It's frustrating," he said.
Davis' business is at the center of a lawsuit council filed in Common Pleas Court against its zoning hearing board. Council appealed the zoning board's unanimous decision in March to permit Davis' firm to construct the crates at the armory site.
The zoning board ruled 4-0 that the light-industrial use is permitted in the commercially-zoned area because the ordinance permits "limited industrial uses" in those areas.
Council appealed after receiving complaints from some residents that they can hear the popping noises of staple guns that are used to put the boxes together.
