PA Democratic Party and E.A. Vazquez v. Dept. of State, The Hon. Pedro A. Cortes and J. Marks
PA Democratic Party and E.A. Vazquez v. Dept. of State, The Hon. Pedro A. Cortes and J. Marks - 80 M.D. 2017
| Pa. Commw. Ct. | May 18, 2017Background
- The Pennsylvania Democratic Party filed a nomination certificate (Jan 27, 2017) naming Frederick Ramirez as its candidate for a March 21, 2017 special election for the 197th Legislative District.
- Objectors filed a timely petition challenging Ramirez’s residency; the Court held Ramirez’s residency affidavit intentionally false and set aside the Party’s nomination certificate (Feb 23, 2017).
- Section 634 of the Election Code allows substituted nominations for special elections only for a candidate’s death or withdrawal, and sets a 7-day deadline after the original filing deadline to file a substituted nomination (last day here: Feb 6, 2017).
- On Feb 27, 2017 the Party submitted a substitute nomination certificate naming Emilio A. Vazquez; the Department of State rejected it as untimely.
- The Party and Vazquez sought a writ of mandamus compelling the Department to accept the late substitution; the Department argued the Election Code does not permit substitution under these facts and the filing was untimely.
- The Court dismissed the mandamus petition, holding substitution is only permitted for death or voluntary withdrawal and the Court cannot rewrite the statutory scheme; thus no clear legal right to mandamus existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substitution is permitted after a nomination certificate is set aside due to ineligible nominee | Party/Vazquez: substitution beyond statutory deadline is allowed where late filing won't disrupt the election and deadlines are directory | Dept: Section 634 allows substitution only for death or withdrawal; deadlines are mandatory and last day was Feb 6 | Court: Substitution is limited to death or withdrawal; setting aside a nomination is not a withdrawal, so substitution was not authorized and mandamus denied |
| Whether the Court may treat setting-aside as an "involuntary withdrawal" enabling late substitution | Party/Vazquez: court order removing candidate is effectively involuntary withdrawal permitting substitution | Dept: Withdrawal has a statutory process; removal by court under objection is distinct from a candidate’s withdrawal | Court: Rejected "involuntary withdrawal" theory; statutory withdrawal requirements control |
| Whether the Party had a clear legal right and no adequate remedy (mandamus standard) | Party/Vazquez: right to have their candidate placed on ballot; mandamus appropriate to compel acceptance | Dept: No clear legal right because Election Code confines substitution to death/withdrawal and deadline passed | Court: No clear legal right or corresponding ministerial duty; mandamus inappropriate |
| Whether courts may extend substitution authority based on equitable considerations | Party/Vazquez: equitable relief should allow substitution to preserve voters’ rights | Dept: Courts cannot legislate; General Assembly set exclusive substitution circumstances | Court: Refused to rewrite statute for equities; adherence to statutory text required |
Key Cases Cited
- Brown v. Levy, 73 A.3d 514 (Pa. 2013) (mandamus requires clear legal right and corresponding duty)
- In re Canvass of Absentee Ballots of Nov. 4, 2003 Gen. Election, 843 A.2d 1223 (Pa. 2004) (liberal construction of election law must still respect clear statutory mandates)
- In re Nomination Petitions of McIntyre, 778 A.2d 746 (Pa. Cmwlth. 2001) (affidavit requirements are essential to election integrity)
- In re Nomination Petition of Cianfrani, 359 A.2d 383 (Pa. 1976) (false affidavits void the petition and cannot be cured)
- Watson v. Witkin, 22 A.2d 17 (Pa. 1941) (party committee can substitute nominations only when candidate dies or withdraws)
- Essler v. Davis, 419 A.2d 217 (Pa. Cmwlth. 1980) (recognizing substitution limited to death or withdrawal)