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Investigation of Gaffney sought

A candidate seeking to oust Schuylkill County Register of Wills/Clerk of Orphans Court Theresa Santai-Gaffney has asked the district attorney to investigate whether Gaffney violated election rules by using county resources in her much-publicized challenge to a court ruling upholding the right of same-sex couples to wed.

Republican contender Kerry L. Ansbach also wants District Attorney Christine A. Holman to look into whether Santai-Gaffney, also a Republican, used her county office pamphlet as campaign material.Holman on May 4 asked the state Office of the Attorney General to handle the matter due to what she believes is a "conflict."In a letter to Deputy Attorney General Lawrence M. Cherba, Holman wrote that she was asking that office to handle the complaint as she knows Santai-Gaffney personally, and was at the forum at which the pamphlet was handed out.Santai-Gaffney on Tuesday said the pamphlet is one of those on her office counter and was created for educational reasons, with the duties and responsibilities of both the Register of Wills and the Clerk of Orphans Court."It's purely informational and educational. I created it two years ago, and I hand it out when I am out talking about the office. Many people do not know what the duties are, and many have asked. That's why I did the pamphlet," Santai-Gaffney said."There's nothing pertaining to my campaign, or to re-election or voting," she said. "This was a political ploy. I'm sure the citizens of this county can see through this accusation."Santai-Gaffney said that anyone with a question is welcome to call or stop in to read the pamphlet. She also offered to mail one to anyone who asks.Ansbach and Santai-Gaffney will face off in the May 19 primary election for the GOP nomination to the office. Santai-Gaffney is seeking a second term.Ansbach, 64, of Pottsville, asked Holman in a letter dated May 1 to investigate what he describes as "theft of services" in Santai-Gaffney's office.In the matter of the Santai-Gaffney's efforts against same-sex marriage, Ansbach wrote that "She has stated numerous times that no taxpayer funds were being used in this endeavor. However, her office at the courthouse was besieged with calls and visits regarding this issue, and her staff spent numerous hours dealing with this matter. Since she claims that her challenge to the court decision was not done in her official capacity, law enforcement should investigate to determine if any county resource, whether it is materials or staff time, was used in her personal crusade."Santai-Gaffney's opposition came almost immediately after U.S. District Judge John E. Jones III, a Schuylkill County native, in late May 2014, struck down Pennsylvania's prohibition of same-sex marriage. Then-Gov. Tom Corbett announced he would not appeal the decision. Santai-Gaffney, with the backing of the Independence Law Center in Harrisburg, fought to overturn Jones' ruling.She took her case to the Third Circuit Court of Appeals, where on July 3, 2014, Judge Patty Schwartz upheld Jones' ruling. Six days later, on July 9, 2014, U.S. Supreme Court Justice Samuel Alito Jr. denied Santai-Gaffney's appeal of a lower-court ruling that upheld the right to marry.In the matter of using county resources to campaign for a second term in office, Ansbach wrote that he saw her handing out pamphlets at a Republican meet-and-greet forum in McAdoo on April 30."There was no doubt this was a political event. As Mrs. Gaffney campaigned throughout the crowd, she distributed a handout that did not have any type of 'paid for (by candidate)' disclaimer on it. Upon reviewing it, the pamphlet appeared to be something that she would use in her official capacity and should not be used for political purposes. I am deeply concerned that this handout was produced in Mrs. Gaffney's office in the courthouse and was paid for by Schuylkill County taxpayers," he wrote.