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  • Constitution Party of Pa. v. Cortes

    Publication Date: 2018-01-09
    Practice Area: Constitutional Law | Election and Political Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1905

    District courts lack of fact-finding and determination factors required vacatur of injunction imposing county-based signature requirements upon minor party candidates for ballot access, where determining constitutionality of a county-based requirement was a fact-intensive process. Order of the district court vacated, case remanded.

  • Scarnati v. Wolf

    Publication Date: 2017-12-19
    Practice Area: Civil Appeals | Constitutional Law | Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1838

    Commonwealth Court erred in denying summary relief to senators in their challenge to the governors veto of bills returned after the general assembly adjourned because Art. IV, §15 of the Pennsylvania Constitution required the bills to be returned to the house, not an agent, and the governors press release lacked the formal requirements to constitute a proclamation under §15; thus, the governors purported vetoes of the general appropriations act of 2014 and the 2014 fiscal code amendments were constitutionally deficient. Reversed.

  • In Re Lehigh County Constables

    Publication Date: 2017-10-31
    Practice Area: Civil Appeals | Election and Political Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1617

    Trial courts orders denying constables petitions for the appointment of deputy constables based on the lack of MDJ and district attorney signatures were vacated and remanded for the trial court to consider the petitions under the new administrative order court had issued while the appeal was pending with new procedures for appointing deputy constables. Order vacated and remanded.

  • Working Families Party v. Commonwealth

    Publication Date: 2017-10-10
    Practice Area: Constitutional Law | Election and Political Law
    Industry:
    Court: Commonwealth Court
    Judge: Presiding Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1547

    Petitioner political party failed to establish that the anti-fusion provisions of the election code were unconstitutional because the Magazzu Loophole did not create a major party exemption from the ban on any political organization nominating a candidate of another political organization.