Cavanagh moves to get name put back on ballot
Michael Cavanagh, kicked off the November ballot for state representative, recently filed a brief to the state Supreme Court supporting his contention that voters should consider his name as one of several for the 51st legislative district. “I should have the right to run, and the people of the 51st Legislative District should have the right to choose their representative, not the court. I appeal for you to let democracy work, and let my name stay on the ballot,” Cavanagh wrote in the appellate documents.
The brief cited several court cases that discuss infamous crimes. It was his conviction for auto insurance fraud that led a Commonwealth Court judge to rule he was convicted of an infamous crime and could not be listed as an Independent candidate. The state constitution precludes a person convicted of an infamous crime from running for public office.
One case he cited was from 1991, when a Bedford County dentist convicted of defrauding Medicare wanted to run for the county commissioner. A high court ruled that taking those funds did not rise to the level of an infamous crime.
As for his own conviction, Cavanagh said the matter is still on appeal. He has a post-conviction hearing scheduled for next month. Although he is on parole, and served his jail time, Cavanagh said that he plans to fight the conviction “to the end.”
He also acknowledged that if he had it to over again, he probably would have fully participated in the county’s Accelerated Rehabilitative Disposition (ARD) program. He was admitted, and had he completed his probationary period, his record would have been expunged.
As he filed paperwork to withdraw from the program and go to trial, prosecutors also filed to remove him, claiming he did not fulfill conditions of the diversionary program that does not require an admission of guilt.
“I probably should have done the ARD, did the deal with the devil and done it, even though I didn’t do what was alleged because you don’t have a fair chance in this system,” he said.
Cavanagh was one of many who lined up to run against Democratic incumbent Larry Roberts (D-South Union) in the race.
But Cavanagh said he is troubled as to why, three weeks before the election, the Supreme Court has not ruled on his appeal. If he’s put back on the ballot, he said he would “campaign hard to give voters a choice.”
If he remains off the ballot, Cavanagh said it was “doubtful” that he would run a write-in campaign.