Editor’s Note: Faithful readers of Marcellus Monitor likely have noticed the vast majority of stories I’ve published over this past year have originated from southwestern Pennsylvania, or, more specifically, from Pennsylvania’s 46th Legislative District.
The sitting representative in the district, which encompasses portions of Washington and Allegheny counties, is state Rep. Jesse White, a Democrat from Cecil Township. White has been called a “watchdog” on matters pertaining to Marcellus Shale. Because of his outspoken criticism of the Marcellus Shale industry and the state Department of Environmental Protection, which is tasked with regulating it, White has been painted as the “anti-shale” candidate by some.
His opponent, Republican Jason Ortitay (who owns Jason’s Cheesecake Company) is, by contrast, largely considered the “pro-shale” candidate (in fact, EQT’s political action committee is hosting an event to benefit the first-time state representative candidate this Thursday at the Cambria Suites in Washington.
By way of background, DEP recently announced it is seeking a $4.5 million fine from the company for what the department called an impoundment leak. If assessed, it will be the largest such civil penalty in state history.
All that said, this story, while a bit different from the types of investigative reports I have published in the past, is pertinent, I believe, to all those who have been following this shale-centric race, and to all those who live or work in the 46th District. -amanda
(This house on Maple Avenue in Burgettstown – the home of Pam Church – is where Jason Ortitay, Republican candidate for the 46th District state House seat, said he lived when he registered to vote in Burgettstown, Washington County. Ortitay registered to vote there on the very last day he could move into the district and still, under Pennsylvania statute, be eligible to run for office during this year’s election. Photo by Faith Cotter. Taken on Oct. 13, 2014)
By Faith Cotter
Despite admitting in a recent interview that he was in between apartments at the time, Republican candidate for the 46th state House seat, Jason Ortitay, registered to vote in Burgettstown, Washington County – an address that, on paper, moved him into the district on the very last day he could and still be eligible to run for office there in this November’s general election.
However, state election code dictates that, by registering, a prospective voter is stating – under penalty of perjury – that they will have lived at that residence for 30 days prior to the election in which they wish to vote. But according to documents, Ortitay signed a lease in South Fayette in Allegheny – which is also in the district – just a day after registering to vote in Burgettstown. And according to documents, Ortitay never even received mail at the Burgettstown addresss.
According to a change-of-address form filled out by Ortitay on Oct. 8, 2013 – just a day after he registered to vote in Burgettstown—he had his mail forwarded from his former Pittsburgh address to his new South Fayette Township address. The change of address was scheduled to take effect just days later on Oct. 11, 2013.
Had Ortitay waited to register Oct. 8 at his South Fayette address, he may not have been eligible to run for office in the 46th District because he would not have lived in the district for the amount of time required by state statute.
When asked about when he moved in and out of Church’s Burgettstown home, and why he registered there when he signed a lease in South Fayette Township only a day later, Ortitay said:
“I changed my voter registration on the last day I could. Everything I did was completely legitimate. I asked if it was legitimate, and they said yes.”
But according to obtained documents, Ortitay, on paper, was still living in a Pittsburgh apartment until Oct. 31, 2013, when the lease expired. His former Pittsburgh address is not part of the 46th District.
He then signed the new lease for his South Fayette Township apartment (in which he currently resides) on Oct. 8, 2013, the day after he registered to vote in Burgettstown.
During an interview in a Panera parking lot on Oct. 13, 2014, Ortitay was unable to provide specific dates on which he moved in and out of the Burgettstown home – or why he registered there when he signed a lease elsewhere just a day later.
Although a car was in the driveway and a light was on in Church’s home the afternoon of Oct. 13, 2014, nobody answered the door to help clarify when Mr. Ortitay allegedly resided there.
While no one answered the door there after three attempts at knocking, a neighbor across the street answered hers. The neighbor, Carrie Ferris, has resided at her home for 16 years and said that she is “pretty familiar” with the neighborhood.
After being shown a photo of Ortitay, she said, “No, I’ve never seen him around.”
According to Pennsylvania election code, a person is committing voter fraud if they, “Declare as residence a place or address which the individual knows is not the individual’s legal residence.”
If an individual is found guilty of violating this section of Pennsylvania law, which is a first-degree misdemeanor, the penalty could include a fine of not more than $10,000 or imprisonment for not more than five years. Additionally, individuals who are found guilty of violating the statute may lose their right to vote for a period of 10 years.
According to the Criminal Law Division of the Pennsylvania Attorney General’s office, if there is evidence of an individual committing voter fraud, the case would be investigated by the district attorney’s office in the county the individual voted in, unless there is a conflict of interest. In that case, the state Attorney General would have jurisdiction to investigate.
A phone message left with the Washington County District Attorney’s office last week was not immediately returned.
Ortitay did not return two voice mail messages left on his cell phone seeking comment on this story. He hung up on a reporter without answering during a third attempt to make contact prior to publication.
Author’s Note: Faith Cotter is an award-winning writer and editor based in Pittsburgh, PA. Her background includes working as an investigative reporter for The Innocence Institute of Point Park University. She is currently working toward a Master of Arts in Professional Writing from Chatham University. She can be reached by email at email@example.com, or via her website: http://faithc3865.wix.com/faithcotter