Court says DeWeese can remain on primary ballot
The state Supreme Court has affirmed that state Rep. Bill DeWeese can remain on the primary ballot, virtually assuring that he will obtain the Democratic nomination for the 50th District seat he has held since 1976.
In a one-page ruling issued on Tuesday, the Supreme Court denied both the petition for relief and the motion to strike DeWeese’s name from the ballot filed by Travis Barkley of Greensboro.
Although his name may remain on the ballot, if DeWeese secures the nomination and then ultimately wins in November, he cannot take office next year unless his appeal is heard and conviction is overturned.
Earlier this year, a Dauphin County jury convicted DeWeese of theft, conflict of interest and conspiracy charges for using taxpayers’ resources for election campaigns.
Under the state Constitution, DeWeese, D-Waynesburg, cannot serve once convicted of a crime that is deemed infamous, a designation previously given to a felony. Although he was found guilty, the Legislature doesn’t consider a conviction to occur until sentencing.
Barkley had sought to keep DeWeese’s name off the ballot, arguing that although he had not yet been sentenced, DeWeese was convicted and thus would be unable to serve.
DeWeese said Wednesday, “I believe the average member of the House obtained 500 to 600 signatures on petitions circulated in January and February. I was fortunate enough to have 1,307 names generated by my volunteers in Greene, Fayette and Washington counties. During the time the petitions were circulated, (Gov. Tom) Corbett had me otherwise focused inside the Dauphin County Courthouse.
“The Supreme Court has affirmed that the folks that circulated and signed the nominating petitions for the 50th District seat will enable me to run,” DeWeese added.
DeWeese previously said he is hopeful that his appeal will be heard prior to the beginning of the next legislative term. He said a “significant distinction” needs to be made in that the signatures secured on the nomination petition are for a seat in the general assembly that will begin in January.
DeWeese has said he plans to step down from office on the day of the primary, April 24, when he will be sentenced. The district will be without a representative when he steps down.
The district includes all of Greene County and small portions of Fayette and Washington counties.
Under the House rules, if a vacancy occurs with more than seven months left in a term, the Speaker of the House has 10 days to call for a special election. Because the term ends Nov. 30, on the day of the primary there will be seven months left in the term, according to House parliamentarian Clancy Myer.
However, Myer said that once the 10 days that the speaker has to call the special election are factored in, there is less than seven months left in the term. Myer added it is unclear whether or not there must be a special election.
“This has never occurred before,” Myer said.
DeWeese said the matter of calling for a special election is within the authority of the Speaker of the House.
“If he decides to not call a special election, I think the House Democratic leadership team would maintain the district offices,” DeWeese said.
To further complicate matters, DeWeese is the only Democrat seeking his party’s nomination in the primary, which means he is virtually assured of a spot on the November ballot.
According to Matthew Keeler, deputy press secretary for the Pennsylvania Department of State’s communications office, there is not a mechanism to have DeWeese’s name removed once it is placed on the ballot.
Keeler said if DeWeese wins the November election as a convicted felon and is therefore not eligible to serve, he cannot be seated.
Myer said DeWeese could withdraw his name from consideration up until August for the November ballot and be replaced by a candidate selected by the Democratic committees of the area he represents.
DeWeese said the appeals process for his case will formally be filed within hours of the sentencing process.
When asked about the possibility of withdrawing his name from the November ballot if he wins the nomination, DeWeese said it is too early for him to decide.
“At this juncture, it’s premature for me to make a definitive observation other than my legal team believes if I were blessed to be vindicated in later summer or fall by appellate jurisdictions, then I would be able to carry on with my work,” DeWeese said. “As the parliamentarian of the House for over three decades said, this kind of case has never been heard before.”