Carl Stevenson, an independent candidate for the state house seat held by State Rep. Doug Reichley in the 134th District, was last week removed from the ballot by Commonwealth Court Judge James Kelley.Using surrogates, Doug Reichley wanted Stevenson off that ballot. This conservative independent might siphon votes that would otherwise go Doug's way, giving Democratic challenger Patrick Slattery an upset victory.
Stevenson had more than enough signatures. But the person who did most of the circulating, Jake Towne, lives outside the state house district. Now, according to our state election laws, that's a no no. But former Northampton County jurist Franklin Van Antwerpen, who now sits on the Third Circuit Court of Appeals, ruled in 2002 that this requirement unduly infringes on free speech and free association rights. Petition circulation is "core political speech" because it involved "interactive communication concerning political change." In fact, he pointed to a Supreme Court decision ruling that circulators need not even be registered voters.
What's even more amazing is that the state elections bureau told other independents, like Manchurian Candidate Jake Towne, that they could use circulators from outside their district. Stevenson supplied me copies of the emails, but get this. He asked me not to use them becaue he has no desire to embarrass state officials who were only trying to help.
I told him they should be mentioned on every page of his brief.
Jake Towne relied on this advice, too. This means that many of his signatures are arguably invalid. But LV Congressman Charlie Dent, who takes no one lightly, filed no challenge. He's willing to let voters make the call. Doug Reichley should have followed Dent's lead, but instead used baseball metaphors, complaining about three teams.
Last time I checked, there's more than two teams in MLB.
It looks like this one's going into extra innings. The ACLU just notified Stevenson they'll appeal on his behalf.
This makes Reichley sound awful. What a sleaze.
ReplyDeleteActually, it makes Stevenson sound sleazy...not willing to give up names of state officials because he doesn't eant to embarass them. Then filing injunctions which will name names. Personally, I have no problems with independents joiningraces, but they need to follow the rules as outlined for independents.
ReplyDeleteAnd, as for previous comments regarding let the people decide not judges. Do you feel the same way about CA Prop 8 law which was voted on by the people and is now being overturned by a federal judge....thought not.
To correct from the original posting. Jake Towne did not gather most of my signatures. I did. Jake gathered 97 signatures for me while he was getting signatures for hiself here in the 134th.
ReplyDeleteAs for anon's comment ... I don't understand why trying to make sure not to create an awkward situation for a state staffer who works very hard to help all of the candidates and treated me very nicely throughout the process makes me sound sleazy.
My issue is with Reichley, his buddies, and the judge who ruled wrongly, not with that staffer. Te elections folks in Harrisburg have been very supportive.
Manchurian Candidate Charlie Dent is more fitting and accurate.
ReplyDelete