On Thursday, Pennsylvania's Commonwealth Court vacated an order from Senior Judge Ed Reibman that would have allowed Hellertown resident William Rowe to be placed on the ballot as a Republican candidate in the race for Northampton County Council District One That region consists of Bethlehem, Hellertown, Lower Saucon and Williams Tp.
Rowe's nomination petition was challenged by Republican Steven R Topp, represented by Bucks County election lawyer Larry Otter. Rowe filed his nomination petition with the required Statement of Financial Interests (SFI). But Rowe failed to file a copy 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.
Judge Reibman rejected the challenge because there was no petitioner. Attorney Otter verified the complaint, but 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
The Commonwealth Court Order fails to address Judge Reibman's reasoning, but it's likely that the court of second guess concluded that Attorney Otter's verification sufficed. Otter had argued that in cases he's filed in Commonwealth Court, his verification has always sufficed. Moreover, procedural rules are relaxed in election contests.
Judge Reibman has been directed to determine whether the SFI was timely filed. It wasn't, so it's likely that the GOP will have no candidate on the ballot in this May's primary.
Rowe can still wage a write-in campaign and get on the ballot with a minimum of 250 votes.
Rowe is represented by Bethlehem attorney Vic Scomilio. It's unknown whether the state supreme court will be asked to review Judge Covey's decision.
Ken Kraft is the Democratic candidate in District One.
11 comments:
Congratulations. You and the rest of the McClure boys must be thrilled.
The Law is the Law
I actually agreed with Judge Reibman on this one, but there is precedent in the Pa Supreme Court.
You actually agree with a poor decision even when the fact clearly tell this senile judge that your opinion is garbage along with scomillios, he usually doesn’t understand the law and loses often
Well it’s a good thing the higher court ruled on the fact of the law and not by the judges personal opinion as Reibman did. You got this one wrong Bernie unless you think your opinion holds more weight than the higher court and the surpreme courts past rulings…
Let's hope Rowe can organize 250 people to write him in. Kraft doesn't deserve to take back the seat he left before his term was up.
"You actually agree with a poor decision even when the fact clearly tell this senile judge that your opinion is garbage along with scomillios, he usually doesn’t understand the law and loses often"
I believe Judge Reibman's reasoning is very sound, but the court of final error has established precedent on this matter. You speak of facts. The fact is that the Republican who challenged this nomination petition signed no verification to attest that he is a Republican who lives in the district. The fact is that the Republican who challenged this nomination petition failed to show up for the hearing. The fact is that Scomilio has a winning record when it comes to election challenges. There's a difference between facts and opinions.
Larry Otter did a good job in this case in pointing to Supreme Court precedent holding that a challenger can appear through counsel so long as there are no witnesses indicating he intends to withdraw his objections. Both the Commonwealth Court and Judge Reibman are bound by that precedent, although it is hard to argue with Reibman's reasoning.
Your anonymous personal slur at Reibman and Scomilio reveals you as little more than a partisan hack, which is exactly what we will get if Kraft is elected.
"You got this one wrong Bernie unless you think your opinion holds more weight than the higher court and the surpreme courts past rulings…"
I do, but nobody else does. We are bound by previous errors, lol.
This is a case of well Yeah it was decided on way and everyone cheered and now that the scenario has been reversed the same ruling no longer should apply because it is not the way I want it. Tough crap butter cup you cannot have it both ways.
Perhaps Politicians should not be able to change any rules that take effect until 5 years after the last one who was in office when they conceived the chaos is out of office or dies. I know this last statement is crazy however it would certainly change the decisions the idiots make.
ActuaLLY, your comment is borderline nonsensical. I have no idea what you are trying to say.
What?
Post a Comment