Who Is Minding the Internal Machinations of Political Parties?
While the court should not become ethical review boards for political parties, the integrity of the Democratic process does require that the parties follow their own internal structure in disciplining candidates.
January 06, 2022 at 01:33 PM
4 minute read
In Mohn v. Bucks County Republican Committee, 259 A. 3d 449 (Pa. 2021) (Saylor, J.), the appellant was a Republican committeeperson of the Bucks County Republican Committee. The party removed him allegedly for an ethics violation under Rule VII of the Committee Rules because of complaints claiming he had actively campaigned against an endorsed candidate and had distributed sample ballots featuring the opposing candidate rather than the official Bucks County Republican Committee sample ballot. The appellant took the position that the ethics code applies only to public officials and not to party officials and the ethics committee had no jurisdiction. He filed for an injunction in the Common Pleas Court that was denied. The county court agreed with the appellee party that the matter was a purely intra-party dispute with no direct or substantial relationship to any state interest and the appellee party's right to political association under the First and Fourteenth Amendments to the U.S. Constitution prohibited the court from assuming jurisdiction.
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