DeWeese to remain on primary ballot
Commonwealth Court on Wednesday denied a Greene County man’s petition to block state Rep. Bill DeWeese’s re-election bid.
The court ruled against Travis Barkley of Greensboro, who challenged the affidavit in DeWeese’s nominating petition that states he is eligible to run for office.
Barkley, a one-time Republican candidate for Greene County commissioner who is now a Democrat, argued that DeWeese’s conviction on felony charges disqualify him from holding public office.
Anticipating the ruling against him, Barkley filed a petition seeking extraordinary relief with the state Supreme Court on Feb. 13, the same day he filed the Commonwealth Court petition.
DeWeese, D-Waynesburg, was convicted of theft, conflict of interest and conspiracy charges for using taxpayers’ resources for election campaigns, has appealed the verdict and remains hopeful that he will be vindicated.
“Tom Corbett has turned over every rock in my gravel driveway and spent millions of dollars in what so many people believe is a fundamentally selective political prosecution,” DeWeese said. “The many people that circulated my petitions and the over 1,300 folks from the 50th (District) that helped me by signing my petition felt that I should never give up the ship and that I should carry on my effort through every judicial avenue.
“As I’ve said before the appellate courts for 224 years all across America have altered the outcome of lower court proceedings if there were things that came out during appeals that were not included in the initial process. I’m going to be exceedingly respectful to the court and the jury and, contrary to one of the prosecutors statements that my being on the ballot was inappropriate, I feel that there is maximum respect due also to the court of public opinion as my appeal moves forward.
DeWeese continued, “Travis Barkley, who was Republican politician only months ago, changed parties to perpetrate this mischief.
Challenges to petitions always come from some of the same party. The Commonwealth Court wasted no time and rendered an immediate decision. Commonwealth Court is natural arbitrator of election law and I respect the state Supreme Court and Barkley’s right to appeal.”
Barkley said he represented himself at the brief Commonwealth Court hearing in Harrisburg and that four attorneys represented DeWeese, who did not attend.
“The first thing the judge said was that ‘personally, I don’t disagree with you,'” Barkley said.
However, the judge also said he was bound by prior state Supreme Court rulings that say convictions don’t become official until the defendant is sentenced, he said.
“An eighth-grade civics students would think it’s wrong,” Barkley said about DeWeese being allowed to run for re-election. “Maybe it’s time to re-evaluate the process.”
DeWeese’s case requires special consideration because he is scheduled to be sentenced on the day of primary election on April 24, Barkley said, adding that the state Supreme Court has ordered DeWeese to answer his petition.
The petition asks the court if the state constitution bans people convicted of felonies from holding public office applies in DeWeese’s case. It cites Article II, Section VII of the state constitution, which states: “No person hereafter convicted of embezzlement of public moneys, bribery, perjury or other infamous crime, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this commonwealth.”
“Frankly, I think it looks good,” Barkley said about the Supreme Court appeal.
Barkley said he is looking for an attorney to represent him if the court accepts the case.
Barkley said he would challenge the results of the primary if DeWeese is on the ballot.