The board will most likely not make any decision on the challenges until next week, after the Thanksgiving holiday, county officials said.
Currently, Royer leads McIlvaine Smith by only 19 votes, according to the Chester County Department of Voter Services. Results are unofficial until certified by the Chester County Board of Elections.
There are about 250 uncounted absentee ballots, about 55 military ballots and about two emergency ballots, according to estimates released by the county last week.
The board only has five challenges left to hear, after Tuesday's hearing at the Government Services Center on Westtown Road lasted about six hours.
There were 12 challenges to the provisional ballots made for the 156th District, and two challenges made to overseas absentee ballots. Democrats made seven of the challenges, and they want the county to count votes that voter services originally decided would not be counted. Republicans will challenge five of the provisional votes today. No challenges to military ballots were made.
A provisional ballot is used when a voter's address cannot be determined on election day. A verification process then occurs to determine if the vote is valid.
"We didn't challenge any military or overseas citizens' ballots," Shawn N. Gallagher, an attorney for the Democratic Party, said during a break. "We believe we can bring in evidence that the people were registered."
As part of the evidence, the Democrats had Jose Rivera, a resident of East Goshen, testify. There was some confusion about Rivera's vote. He had to vote on a provisional ballot because he was not on the roll of voters on election day.
Rivera re-registered to vote before the election because he changed his address. Linda Cummings, executive director of Voter Services, said after Rivera's testimony and the arguments that Rivera's vote should be counted because he changed his address and was supposed to vote in the precinct he voted in.
But Lawrence J. Tabas, an attorney representing the Republican Party, pointed out that Rivera stated during his testimony that he did not sign the envelope for the provisional ballot, and that Rivera admitted to not knowing whose ballot was in the envelope.
"He never put his secrecy ballot in the envelope," Tabas said. "He doesn't know what's in there. There is no way to validate that Mr. Rivera's vote is in that envelope."
Donna G. Shuey, another resident, also was called to testify, but she did not have to say anything. Cummings said that her vote should be counted. She said Voter Services accidently changed her information because of someone with a similar name.
"She was registered. The error was on the part of Voter Services," Cummings said.
A representative from PennDOT was also called to testify because there was some confusion over votes that PennDOT's motor voter program was involved with.
Attorneys representing the candidates said that they understand the board needed to continue the hearings until today.
"The process is the process. The board needs to know what all of the facts are to make a ruling, as required by law," Ronald L. Hicks Jr., another attorney representing the Republicans, said after the meeting.
Clifford B. Levine, an attorney who also represented the Democrats, said before the meeting concluded that he would have liked to wrap up the hearing on Tuesday, but he said after the meeting that he is appreciative of the effort the Chester County commissioners, who constitute the board, have put into hearing the challenges.
"We would have liked to get through everything today. The board has been very attentive," he said.
Along with hearing the challenges for the 156th District, the board also heard challenges for the 167th District, where Republican Duane Milne leads Democrat Anne R. Crowley by 136 votes, according to unofficial results by Voter Services.
In that race, there are about 380 absentee ballots not counted, about 81 military ballots not counted and one emergency ballot not counted, according to information released by the county last week.
All of the challenges heard Tuesday for the 167th District came from Republicans and involved overseas citizens' ballots. It was argued that the votes should not be counted because of addresses that were not included on various forms and envelopes and signatures that did not match. It was also argued that one of the ballots should not be counted because the ballot looked like it had been tampered with.
Three of the challenges were withdrawn.
"We assessed our objection based on information we had at the time," Hicks said after the meeting.
Tabas said during the break that the technicalities involving address information and signatures should not be ignored.
"The Supreme Court of Pennsylvania has said to call these minor technicalities is inappropriate," Tabas said during a break. "People challenge these things all of the time. In these close races, it is even more important that the law be followed."
Republicans and Democrats are eagerly awaiting for all of this to be over because the outcome will determine which party controls the state's House.
To contact staff writer Brian Fanelli, send an e-mail to bfanelli@dailylocal.com.


