Mar 26, 2003 By Jennifer Harr 3 min read

Incumbent Fayette County District Attorney Nancy D. Vernon failed in her bid to remove her only challenger, Uniontown attorney John Cupp Jr., from the Democratic Party ballot in the May primary. In an order handed down near the end of business Tuesday, Judge John F. Wagner ruled that not enough signatures on Cupp’s nomination petitions were invalid to set aside his candidacy. Vernon had challenged 76 signatures. If 66 of those were struck, Cupp would have been below the 250 signatures needed to run on the Democratic ticket in May. Vernon then would have faced no opposition in her re-election bid as there are no Republican candidates for the office.

Wagner’s order did not say how many signatures were stricken from the petitions, only that Vernon’s petition to remove Cupp from the ballot was denied.

“I think it was a cheap shot at shortcutting the democratic process,” said Cupp.

He also called it “appalling” that citizens should have to come to court and testify that the signatures they affixed to his petitions were genuine and that Vernon’s attorney, James T. Davis, suggested that those people lied under oath.

Vernon’s petition alleged that some signatures were forged. She also claimed that some of the signatures should be stricken because the signers were Republicans or unregistered voters.

Vernon defended her decision to challenge the signatures, noting that a handwriting expert gave her enough evidence that some were not genuine to challenge them in court.

“I’m not trying to disenfranchise people, but if signatures are suspect, and the handwriting expert’s testimony is that they’re not genuine, that is a matter that should be addressed by the court,” said Vernon.

Since Wagner’s order did not include an opinion that explained his reasoning, Vernon said she was unsure if she was going to appeal.

Contrary to Cupp’s claims, Vernon said she did not file a petition to have him removed from the ballot, so that she would face no competition.

“I filed it because I’m an attorney and I think things should be done legally,” said Vernon.

Cupp, however, said it seems Vernon “…appears willing to do anything to remove competition,” noting that she fired former prosecutor, and now Judge Steve P. Leskinen, when he challenged her for judge two years ago.

“This is the kind of government we’re trying to overthrow in Iraq where only one person gets to run,” said Cupp.

This was the second ruling in election challenges.

Controller candidate and Connellsville treasurer Art Capella has his nomination petitions set aside in an earlier order by Judge Gerald R. Solomon. The jurist ruled that Capella only had 230 signatures on his petition, short of the 250 he needed. Fellow Republican controller candidate John Mikita III challenged Capella’s candidacy.

Capella had 262 signatures, but a total of 32 signatures were stricken for various reasons. Sixteen people belonged to the Democratic party and had to be Republican to sign; seven signatures were from unregistered voters; eight people signed another petition first and one woman signed the petition twice.

Capella’s removal leaves Mikita as the only Republican candidate for controller in the May primary. Incumbent controller Mark Roberts and John “Toots” Croftcheck will square off in the Democratic primary for that office.