Special election possible in 50th Legislative District
The vacant seat in the 50th Legislative District possibly could be filled by summer, but a decision on holding a special election for the seat has not yet been made.
Steve Miskin, a spokesman for House Speaker Sam Smith, R-Punxsutawney, said the speaker is inclined to call for a special election, but first he is going to talk to officials in the counties that would bear the cost of such an undertaking.
The seat became vacant at noon on Tuesday when Bill DeWeese, who had served in the House since winning a special election in 1976, resigned in advance of being sentenced to prison for his conviction of using taxpayer money for election campaigns.
DeWeese, 62, received a prison term of 2 1/2 to 5 years and was ordered to pay $25,000 in fines and nearly $117,000 in restitution. He is slated to report to prison on May 14, but his attorney is seeking to keep him free on bond pending appeals.
Under the state Constitution, a lawmaker cannot serve once convicted of a crime that is deemed infamous, a designation previously given to a felony.
The district includes all of Greene County and small portions of Fayette and Washington counties.
Under the House rules, according to parliamentarian Clancy Myer, 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, as of Tuesday there are seven months left in the term.
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.
Miskin said the election likely would not occur until the first or second week in July, and the new representative would then take office at the end of July or early in August, which would allow them to serve in the September, October and November sessions.
“He will consult with local officials to see if they want to do it or not,” Miskin said of Smith, adding that the cost would be about $150,000.
Miskin said the rules are a “little weird” because, in addition to the amount of time left in the term, the fact that this is a redistricting year further complicates matters.
“It is the Speaker’s prerogative but the law about legislative maps is in flux so who knows,” Miskin said. He estimated that a decision would not be made until next week at the earliest.
Greene County Commissioner Chairwoman Pam Snyder said Wednesday that the commissioners have thought about holding a special election, but she added that it would carry a hefty price tag. She added that she has not yet received a call from the House Speaker. Snyder said she isn’t inclined to spend a lot of money on a special election when it is hard to get people to vote on normal election days. She added that voter turnout in Greene County was only about 25 percent on Tuesday.
Greene County would bear the majority of cost because the 50th Legislative District encompasses all of the county’s 44 voting precincts. There are also 16 precincts in Fayette county and 10 in Washington County.
“It’s in the hands of the state. We hope to hear soon,” Snyder said.