It looks like voters in Northampton County Council District One will have a choice this Fall. In a one-page ruling, Senior Judge Ed Reibman has dismissed a challenge to Republican Bill Rowe's nomination petition. This paves the way for a contested general election in November between Rowe and Democrat Ken Kraft.
Northampton County Council District One consists of Bethlehem, Hellertown, Lower Saucon and Williams Tp.
Rowe's petition was challenged by Republican Steven R Topp, represented by Bucks County election lawyer Larry Otter. When Rowe filed his nomination petition, it included the required Statement of Financial Interests (SFI). But Rowe failed to file a copy of the SFI with the Clerk of County Council. While this might sound like an easily corrected minor technicality, courts have ruled that the statutory requirement is mandatory and have consistently rejected nomination petitions with this error.
But someone has to complain. That was the problem Judge Reibman had with this challenge.
Although Attorney Otter verified the complaint, there was no affidavit from Topp himself, asserting that he is a Republican and that he lives in District One. Topp also failed to appear at the hearing scheduled to consider his challenge.
"Without more, the integrity of such challenges will be compromised and havoc will ensue whereby any person could peel anyone off of the voter registration poll, even without that person's knowledge or consent, and challenge a candidate's nominating petition." - Judge Reibman
4 comments:
This decision works for me. If you're going to complain that a candidate didn't file all of the required paperwork, you have to do the same.
Live by the technicality, die by the technicality. Elections are more fair and free when there is a diversity of options on the ballot, and the people have a choice.
It's obviously the correct call. This challenge seemed very suspect. Why would an R challenge an unopposed R's petition? I can think of a few not-so-Machiavellian reasons.
" Why would an R challenge an unopposed R's petition? "
He would do so if he was a friend of the Democrat who is running. I don't think there's any shenanigans. Neither did Judge Reibman. But he was worried about what might happen.
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