The political sparks are flying in Freemansburg, where the Republican mayoral challenger in the Nov. 4 election has filed complaints with the state and Northampton County over a questionable campaign flier.

The GOP candidate, Will Power, says longtime Mayor Gerald Yob produced a flier featuring him and two Democratic council candidates, Beth Derr-Zmijewski and Justine La Bar-Rossi, that failed to include information on who paid for or authorized the literature. That violates a section in the Pennsylvania code regarding campaign advertising.

“I believe it is basic election law that when you print and share campaign materials, you must list how it was paid for,” Power said in his complaint provided to Stephen G. Baratta, Northampton County district attorney.

Baratta confirmed receiving Power’s complaint.

“I have assigned this complaint to members of my staff for review,” Baratta said in a statement. “Given the allegations received, and considering election integrity issues, this complaint is not a priority as far as a need to conclude the investigation prior to the election.”

The Pennsylvania Department of State, which oversees elections, referred Power to Northampton County officials.

The state election code requires certain disclosures to appear in political ads, according to attorney Melissa Melewsky of the Pennsylvania NewsMedia Association.

“These disclosures are commonly called ‘paid for by” notices,’ Melewsky said. “The law defines political ads as any communication that advocates for the election or defeat of a candidate or ballot measure. The content of the disclosure required in political ads varies based on who financed the ad.”

Muhlenberg College political science professor Christopher Borick said in his experience, the state code requires any candidate who authorizes literature to be distributed in a campaign to give conspicuous information as to who paid for and/or authorized the material.

“The statute is pretty clear on the communications having some type of identification,” he said.

Yob, who is seeking his 12th term as mayor, did not address specifics about the flier but accused Power of questionable political tactics.

“I want to run a clean campaign,” the mayor said. “He’s dirty.”

More accusations

Derr-Zmijewski did not return a telephone message seeking comment. La Bar-Rossi declined to comment on the mailer, but made her own accusation against Power, saying there were complaints Power put fliers in an unspecified number of residents’ mailboxes. Federal law typically prohibits anyone besides postal workers from placing unstamped items in a mailbox.

Borough Manager Jonathan F. Itterly, who is also Freemansburg police chief, said police received two complaints from borough residents about Power’s political fliers placed in their mailboxes by the candidate without postage. The residents were referred to the U.S. Postal Service.

“We advised the residents that they have to file their complaints with the USPS, as they have jurisdiction over the matter,” Itterly said.

Power said he placed the literature in a few mailboxes because of the wind potentially blowing it away, and he didn’t want to create litter. “I didn’t think it was any harm,” he said.

Power has also alleged in his complaint to Baratta that the Democrats’ flier was printed at the borough office, which would also be in violation of election guidelines.

But Baratta said for now, he is focusing on the issue of the flier’s lack of appropriate and conspicuous origin.

“I will not comment on the bald allegations of criminality,” Baratta said, “as it is important for my office to avoid becoming collaterally involved in any election by giving oxygen to bald allegations raised between or against political candidates until the allegations are fully investigated and analyzed.”

Yob, 96, has served 56 years as an elected official in Freemansburg — 44 as mayor and 12 before that on borough council.

Power, 59, who changed his name in 1999 from Darin W. Stofko to launch a career as an inspirational speaker and writer, has run several unsuccessful campaigns for office in the Lehigh Valley, including twice for Bethlehem mayor. He moved to Freemansburg about 20 years ago.

Voters in the borough will also be choosing Nov. 4 among four candidates running for three, four-year council seats. Besides Labar-Rossi and Derr-Zmijewski, the other candidates are Margaret Lorrah, a Democrat, and Monica Elliott, a Republican.

Elliott is also the lone candidate running to fill a two-year seat on council.

Contact Morning Call reporter Anthony Salamone at asalamone@mcall.com.