NOTE:
WE ARE MOVING!!! For now, the old Blogger address will bring you to the new location -- but that can change at any time. Please update your Blogroll, Links, and Bookmarks NOW:
Click Here to Blogroll A Big Fat Slob!
NOTE:
WE ARE MOVING!!! For now, the old Blogger address will bring you to the new location -- but that can change at any time. Please update your Blogroll, Links, and Bookmarks NOW:
Click Here to Blogroll A Big Fat Slob!
View blog reactions
Posted by
A Big Fat Slob
at
3/13/2007 05:47:00 PM
0
comments
Labels: Green Party, PA-SEN 06, Romanelli
J-167-2006
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICTIN RE: NOMINATION PAPER OF MARAKAY ROGERS, CHRISTINA VALENTE AND CARL J. ROMANELLI AS CANDIDATES OF AN INDEPENDENT POLITICAL BODY FOR GOVERNOR, LIEUTENANT GOVERNOR AND U.S. SENATOR IN THE GENERAL ELECTION OF NOVEMBER 7, 2006
WILLIAM R. CAROSELLI, FRED R. LEVIN, DANIEL J. ANDERS AND PETER D. WINEBRAKE
APPEAL OF: CARL ROMANELLI
::::::::::::::
No. 106 MAP 2006
Appeal from the order of the
Commonwealth Court at No. 426 MD 2006
entered on 08-24-2006.ORDERPER CURIAM
DECIDED: October 3, 2006
AND NOW, this 3rd day of October, 2006, the Order of the Commonwealth Court is
hereby AFFIRMED.
View blog reactions
Posted by
A Big Fat Slob
at
10/03/2006 09:12:00 PM
4
comments
Where the nomination is for any office to be filled by the electors of the State at large, the number of qualified electors of the State signing such nomination paper shall be at least equal to two per centum of the largest vote cast for any elected candidate in the state at large at the last preceding election at which State-wide candidates were voted for.This statute clearly requires that the touchstone for the third-party nominating petition shall be the largest number of votes received by a successful "candidate" in the preceding statewide "election". For this year's general elections, the State Board designated the 2004 election of Casey as "the largest vote cast for any elected candidate in the state at large at the last preceding election at which State-wide candidates were voted for", leading to the 67,000+ signature requirement for this year's minor party candidates.
Romanelli is challenging the State Election Board's dictation that the 2005 election was not an election, and has recently filed his brief with the Pennsylvania Supreme Court (h/t to PoliticsPA). Before referring to Romanelli's brief, however, let us take a look at the primary sources for the argument -- the State Constitution and legislation. The issue appears to come down to the question of whether Newman was a "candidate" in an "election".(b) A justice or judge elected under section thirteen (a), appointed under section thirteen (d) or retained under this section fifteen (b) may file a declaration of candidacy for retention election with the officer of the Commonwealth who under law shall have supervision over elections on or before the first Monday of January of the year preceding the year in which his term of office expires. . . .The State Constituion here does two important things -- it makes it clear that the judge seeking to remain in office is (i) a CANDIDATE in (ii) a retention ELECTION. There is no asterisk next to either term in the Constitution, or explanation later that the drafters weren't "serious about that" when they called the judge standing for retention a candidate in an election.
§ 3153. Retention Elections After Regular Term.
(a) General rule.- A judge elected under section 3131 (relating to selection of judicial officers for regular terms) or retained under this section may file a declaration of candidacy for retention election with the Secretary of the Commonwealth on or before the first Monday of January of the year preceding the year in which his term of office expires. If no declaration is filed, a vacancy shall exist upon the expiration of the term of office of such judge, to be filled by election under section 3131(c).
The judicial code also provides that each judicial officer of the Commonwealth shall be sworn into office and that oath must be taken after a judge’s appointment or election, “and after each retention election….” 42 Pa.C.S. §3151.The Romanelli brief goes further and recounts the sundried absurdities which would necessarily result from a reading of the election code to exclude rentention elections within the definition of elections. From the plain text of the Constitution and the statutes deriving their authority from the Constitution, Newman was a candidate for election to a statwide office and her votes should be the measure for third party candidates.
There are at least four definitions of the word “election” contained in the Election Code itself.
Section 102(f) provides that “the word ‘election’ shall mean any general municipal, special or primary election, unless otherwise specified.” 25 P.S. § 2602(f), (emphasis added).
Sections 1101 and 1101-A, concerning ballot labels on voting machines and electronic voting systems, respectively, both state that an “election” means “all general, municipal, primary, and special elections.” 25 P.S. §§ 3001(12); 3031.1.
The Pennsylvania campaign finance law, Article XVI of the Election Code, states that “the word ‘election’ shall mean any retention, primary, special, municipal or general election at which candidates appear on the ballot for nomination or election . . . .” 25 P.S. § 3241(c).
A judicial officer who is seeking to be retained for another term is a “candidate for election” under both definitions of what constitutes a “candidate” contained in the Election Code. Compare 25 P.S. § 2602(a) with 25 P.S. § 3241(a). Were a judicial retention candidate not a “candidate for election” then the entire campaign finance reporting system, which no one disputes applies to candidates in judicial retention elections, would be rendered meaningless.
"The Election Code is to be liberally construed so as not to deprive a candidate of the right to run for office or the voters of their right to elect the candidate of their choice.” Smith v. Brown, 590 A.2d 816, 818 (Pa. Cmwlth. 1991). This construction of the Election Code is a longstanding and established policy. See also In re Nomination Petitions of Fumo, 577 Pa. 496, 846 A.2d 672 (2004); font-style: italic;">In re Nomination Petition of Driscoll, 577 Pa. 501, 508, 847 A.2d 44, 49 (2004)(noting that “in reviewing election issues, we must consider the longstanding and overriding policy in our Commonwealth to protect the elective franchise”); Petition of Cioppa, 533 Pa. 564, 570 626 A.2d 146, 149 (1993) (applying the “spirit of liberality in construing our Election Code” prospectively, and noting that the “power to vitiate a ballot for minor irregularities should be used sparingly, … only for very compelling reasons”) (emphasis added).The Pennsylvania Supreme Court will need to ignore plain text of the Constitution and stautues, and turn away from long-established principle, to kick Romanelli off the ballot. But, in my opinion, our Pennsylvania Supreme Court has before demonstrated the lack of intellect and integrity to permit them to do just that.
View blog reactions
Posted by
A Big Fat Slob
at
10/03/2006 05:40:00 AM
2
comments
Look, we weren't kidding when we said this was gonna be a really, really bad week for Santorum.View blog reactions
Posted by
A Big Fat Slob
at
9/27/2006 08:37:00 PM
0
comments
Labels: Bob Casey Jr., PA-GOV 06, PA-SEN 06, Polls, Romanelli, Santorum
While we take issue with any claim that Santorum had any comeback momentum -- he has consistently been looking at the ass-side of 40% throughout this campaign -- it is clear that Casey's support is solidifying. Actually, it may be more correct to say that the anti-Santorum sentiment is solidifying:"Sen. Rick Santorum's comeback momentum has been stopped dead in the water. Santorum's attack ads against Casey have failed to spark voters' support, and 50 percent of voters say the Senator does not deserve re-election," said Clay F. Richards, assistant director of the Quinnipiac University Polling Institute.
Among likely voters who back Casey, 55 percent say their vote is mainly against Santorum, while 40 percent say their vote is mainly for the Democrat.You can count your loyal correspondent amongst that 55 percent. (On November 8, we start looking for ways to replace Casey in Washington with a real Democrat. Guess we'll have to draft him to run for Governor.)
View blog reactions
Posted by
A Big Fat Slob
at
9/26/2006 06:59:00 AM
3
comments
Labels: Bob Casey Jr., PA-SEN 06, Polls, Romanelli, Santorum
Where the nomination is for any office to be filled by the electors of the State at large, the number of qualified electors of the State signing such nomination paper shall be at least equal to two per centum of the largest vote cast for any elected candidate in the state at large at the last preceding election at which State-wide candidates were voted for.The State Board designated the 2004 election of Casey as "the largest vote cast for any elected candidate in the state at large at the last preceding election at which State-wide candidates were voted for", leading to the 67,000+ signature requirement for this year's minor party candidates.
Objectors to the Romanelli nomination papers argue that the Pennsylvania Election Code does not apply to the retention elections held in the Municipal Election or General Election. The absurdity of their position is exposed when taken to its logical conclusion. If the Election Code does not apply to retention elections then the prohibitions against stuffing the ballot box, 25 P.S.§ 3535 Repeat voting at elections, Bribery, 25 P.S. § 3539, Bribery at elections, among other things, are now perfectly legal with respect to judicial retention elections. This is hardly the legislative intent or judicial interpretation one would expect in a government of laws. Common sense has to prevail here.From a reading of the statute, it is clear that the legislature did not draw any distinction between retention elections and any other statewide election. To rule in favor of Casey's party, the Commonwealth Court had to read that distinction into the law because a facial reading required a ruling in favor of Romanelli. The Pennsylvania Supreme Court will have to decide if it wishes to write the law or to simply apply it as the legislature wrote it. As my two readers know, I don't hold much faith that the Pennsylvania Supreme Court will reach the correct result.
View blog reactions
Posted by
A Big Fat Slob
at
9/25/2006 02:43:00 PM
3
comments
A new poll, released today, shows Democratic challenger Bob Casey leading Republican incumbent Rick Santorum by ten points among likely voters. The poll was conducted by Temple University for the Philadelphia Inquirer among 666 (nice touch) likely voters. Respondents gave Casey 49% support, Santorum was stuck below 40% again, at 39%, and Green Party candidate Carl Romanelli pulls in an insignificant 3%.View blog reactions
Posted by
A Big Fat Slob
at
9/24/2006 01:07:00 PM
2
comments
Labels: Bob Casey Jr., PA-SEN 06, Polls, Romanelli, Santorum
View blog reactions
Posted by
A Big Fat Slob
at
9/18/2006 10:00:00 AM
0
comments
View blog reactions
Posted by
A Big Fat Slob
at
9/18/2006 08:41:00 AM
0
comments
Labels: Larry Smar, PA-SEN 06, Romanelli
View blog reactions
Posted by
A Big Fat Slob
at
9/16/2006 02:04:00 PM
0
comments
Labels: Bob Casey Jr., Debates, Larry Smar, PA-SEN 06, Romanelli, Santorum
Get ready, Pennsylvania, the odd couple of Keystone politics is planning a road trip. Carol Romanelli, who never had a viewing from the QEFTSG fellas, claims that he and Your Rick are taking to the streets."Sen. Santorum looks forward to joining with Mr. Romanelli and Mr. Casey for a series of debates between now and Election Day," Davis said, adding that the details are still being determined.
View blog reactions
Posted by
A Big Fat Slob
at
9/13/2006 08:21:00 PM
0
comments
Where the nomination is for any office to be filled by the electors of the State at large, the number of qualified electors of the State signing such nomination paper shall be at least equal to two per centum of the largest vote cast for any elected candidate in the state at large at the last preceding election at which State-wide candidates were voted for.The State Board designated the 2004 election of Casey as "the largest vote cast for any elected candidate in the state at large at the last preceding election at which State-wide candidates were voted for", leading to the 67,000+ signature requirement for this year's minor party candidates.
Objectors to the Romanelli nomination papers argue that the Pennsylvania Election Code does not apply to the retention elections held in the Municipal Election or General Election. The absurdity of their position is exposed when taken to its logical conclusion. If the Election Code does not apply to retention elections then the prohibitions against stuffing the ballot box, 25 P.S.§ 3535 Repeat voting at elections, Bribery, 25 P.S. § 3539, Bribery at elections, among other things, are now perfectly legal with respect to judicial retention elections. This is hardly the legislative intent or judicial interpretation one would expect in a government of laws. Common sense has to prevail here.From a reading of the statute, it is clear that the legislature did not draw any distinction between rentention elections and any other statewide election. To rule in favor of Casey's party, the Commonwealth Court had to read that distinction into the law because a facial reading required a ruling in favor of Romanelli. The Pennsylvania Supreme Court will have to decide if it wishes to write the law or to simply apply it as the legislature wrote it. As my two readers know, I don't hold much faith that the Pennsylvania Supreme Court will reach the correct result.
View blog reactions
Posted by
A Big Fat Slob
at
8/28/2006 01:13:00 PM
1 comments
"Larry Smar's name should be Larry Smear. I am frustrated by the media acting like I need Bob Casey's permission to debate. Casey is the one who is trying to hide his Santorum-like positions on the important issues. Please note that Bob Casey has taken tons of Republican PAC money, yet they try to destroy my campaign. Regarding my appearance on the ballot, I am on. Casey has to PROVE that my signatures are no good. They can't and I will beat them in Harrisburg on this attempt to further shorten my campaign season."Take that!
View blog reactions
Posted by
A Big Fat Slob
at
8/24/2006 07:28:00 AM
0
comments
Labels: Bob Casey Jr., Debates, Larry Smar, PA-SEN 06, Romanelli, Santorum
Where the nomination is for any office to be filled by the electors of the State at large, the number of qualified electors of the State signing such nomination paper shall be at least equal to two per centum of the largest vote cast for any elected candidate in the state at large at the last preceding election at which State-wide candidates were voted for.The State Board designated the 2004 election of Casey as "the largest vote cast for any elected candidate in the state at large at the last preceding election at which State-wide candidates were voted for", leading to the 67,000+ signature requirement for this year's minor party candidates.
The Election Code states that the word "election" shall mean any general, municipal, special or primary election . . . . A general election is defined as an even year election and a municipal election as an odd year election. . . . "The Election Code is to be liberally construed so as not to deprive a candidate of the right to run for office or the voters of their right to elect the candidate of their choice." Smith v. Brown, 590 A.2d 816, 818 (Pa. Cmwlth. 1991). This construction of the Election Code is a longstanding and established policy. . . . The Department of State erred when it set the 2% signature requirement based upon the 2004 statewide results in the TreasurerÃ’s race and has ignored the 2005 statewide race for judicial retention wherein Justice Sandra Schultz Newman won the retention election with 797,465 votes cast by the citizen electors of the Commonwealth on November 8, 2005.Today's decision by the Third Circuit didn't address the sole issue raised by the Romanelli petition -- whether a judicial retention election is, well, an "election". Any suggestion to the contrary, that the Third Circuit decision means we can kiss Romanelli goodbye, is just silly and entirely uninformed. But, considering the source, we're not surprised they got it so wrong.
View blog reactions
Posted by
A Big Fat Slob
at
8/23/2006 07:34:00 PM
1 comments
Assuming that Mr. Romanelli is still on the ballot at the time of the two October debates now scheduled, what are your respective positions on inviting him to participate.Within minutes I had the following reply from Larry Smar, Casey's spokesperson:
If the challenge to Mr. Romanelli's petition is not determined by September 3, what is your position on his participation in the joint appearance on Meet the Press?
From: Larry SmarWith the appended 2000 AP article, Smar fairly reminds us that, when Santorum faced a challenge from Ron Klink and three conservative minor-party candidates, Santorum blocked their participation in the debates. (Incidentally, the Libertarian Party candidate that year was John Featherman, who was ousted from his primary challenge to Santorum when he didn't have the money to finance a defense to the Republican challenge to his petitions.)
To: A Big Fat Slob
Date: Aug 22, 2006 12:24 PM
Subject: RE: INQUIRY on Debates
We have a rule: only one representative from each campaign on stage. Rick Santorum bought and paid for Romanelli because Santorum is afraid to face Bob Casey one-on-one.
In 2000, Santorum didn't want third-parties in debates. See the end of the 2000 AP article below.
Tens of thousands of citizens have spoken out that they want real debate on the key issues that matter to the future of our Commonwealth and our nation. Yet Bobby Casey is going to great lengths to silence the voice of a candidate who shares this commitment. One might recall when Governor Robert Casey, Bobby Casey Jr.'s father, was silenced from the 1992 Democratic National Convention because some feared that his pro-life views would conflict with their political agenda. Isn't it ironic that 14 years later, Casey Jr. is trying to silence a candidate who, too, has an interest in expressing opposing views? What exactly is Casey Jr. afraid of?While I agree that, if on the ballot (and he is at the moment), Romanelli should have full participation rights in all joint appearances and debates, the response from the Santorum camp doesn't try to deal with the apparent hypocrisy.
View blog reactions
Posted by
A Big Fat Slob
at
8/22/2006 11:38:00 AM
2
comments
Labels: Bob Casey Jr., Debates, Larry Smar, PA-SEN 06, Romanelli, Santorum
There is a lot to be said in be half of the two-party political system. But it becomes too much of an old-boy, incumbents' protection club when third-party candidates are required to overcome a very stiff challenge to get on the ballot. Indeed, it is just plain wrong that it requires a mere 2,000 qualified signatures for Republican and Democratic statewide candidates to get on the ballot, while third-party candidates have to come up with a whopping 67,070 this year. That's anti-democratic and eliminates candidates and ideas that could lend interest to races that turn off millions of Pennsylvanians who find no inspiration compelling enough to bother to vote. . . . The Green Party appears to have reached that threshold by collecting more than 90,000 signatures, reportedly with the aid of supporters of Republican Sen. Rick Santorum, who is running well behind Casey in the U.S. Senate race. Santorum could be helped if Green Senate candidate Carl Romanelli can siphon some votes away from Casey.
Addressing Pennsylvania's U.S. Senate race, Broder said, "Casey should not take his current lead for granted. And if he does, he may be in for a surprise because Santorum is a fighter."Will Bunch is talking about the unusual situation of uber-conservatives giving big bucks to the decidedly left of center Romanelli and how Casey can be hurt by this:
Federal Election Commission records show that all $66,000 of the money raised by the Green Party came from donors who back conservative causes or GOP candidates, particularly Santorum. And it's Santorum who benefits if liberal voters desert Casey for the Greens.His compatriot, Attytood, gives Romanelli's positions full play, lists Casey's conservative credentials, and talks about the harm to Casey:
For a guy who's positioned himself as the candidate of the left in the Pennsylvania Senate race, Carl Romanelli has some very strange bedfellows on the far-right side of the mattress. The Green Party candidate -- who'll likely siphon some votes from liberals angry at Democrat Casey's conservative views on abortion, gun control, and other issues -- has a real shot at making the fall ballot thanks to an effort funded with $66,000 in donations to the Green Party of Luzerne County (where Romanelli lives) that paid for his petition drive. As you may have read over the last couple of days, it's now being reported that many of these donors are allies of GOP Sen. Rick Santorum, who will benefit if disaffected Democrats defect to the Green Party. A most brazen ploy indeed, yet that doesn't even begin to capture the stunning level of cynicism here.And in every news report on the issue, Romanelli talks about how hard it was to get on the ballot with the oppressive signature requirement, Santorum talks about inclusiveness, and Larry Smar (Casey's brain), sounds like he's whining. This from the AP:
"I think I've demonstrated the fight I've brought to this campaign, because we weren't going to let a system bully us out of an election," Romanelli said yesterday. . .
Casey campaign spokesman Larry Smar said Santorum was actively encouraging Romanelli's candidacy to hurt Casey. "This is about stealing votes from Bob Casey," Smar said. . .
Santorum campaign spokeswoman Virginia Davis said Santorum welcomed Romanelli's candidacy because he is willing to debate the senator. . . . "We welcome participation by a third-party candidate who shares a commitment to sharing his views on the issues," Davis said.It is hard for me to see what Casey gains from challenging Romanelli. If Casey boots Romanelli, it will still cost him a coupole of weeks of message and manpower. If he loses, his overreaction elvates Romanelli's status.
View blog reactions
Posted by
A Big Fat Slob
at
8/03/2006 06:03:00 AM
2
comments
Labels: Bob Casey Jr., Larry Smar, PA-SEN 06, Romanelli
View blog reactions
Posted by
A Big Fat Slob
at
8/02/2006 11:45:00 AM
6
comments
"The Democratic Party seems to show an aversion to political competition. Greens want the ballot in the hands of the voters, not the Democratic Party machine. Their lawyers will now look for any technicality to subvert the will of our signators."Casey's campaign has been mum (there's a shocker) on this issue. Time will tell. Challenges must be filed by August 8.
View blog reactions
Posted by
A Big Fat Slob
at
8/01/2006 04:44:00 PM
2
comments