GOP candidate for state House to remain on ballot
A Republican candidate for the 51st Legislative District of the state House who survived a petition to throw him of the ballot said Friday that he believes state Rep. Timothy Mahoney was behind the push to have his name removed.
Mahoney, D-South Union Township, the only Democrat seeking his party’s nomination, denied being behind the petition seeking to strike the name of Gary Gearing, a Uniontown councilman, from the ballot.
Gearing will remain on the ballot for the Republican nomination in the April 24 primary, according to a ruling by Commonwealth Court Judge Patricia A. McCullough.
Late Thursday, McCullough denied the request to set aside Gearing’s nomination petition, ruling that Gearing had 302 valid signatures, which was more than the 300 required to secure a spot on the ballot.
The objectors, Thomas R. Murray II and Robin Lynn Amend, had filed the petition, alleging that Gearing did not have enough valid signatures to remain on the ballot. Murray and Amend are registered Republicans who live in the 51st Legislative District, as required by law.
Although Gearing had secured 374 signatures, 72 were stricken.
Gearing said Friday that he is pleased his name will remain on the ballot, although he was confident in that outcome.
“Now the people have a choice, and I’m looking forward to a spirited campaign. Hopefully, Mr. Mahoney and I will get to have a few debates,” Gearing said.
Gearing, however, said he was disappointed that Mahoney decided to challenge his petitions. Gearing insisted he knows Mahoney was behind it because when he was served the petition, the constable said that he had been given the papers by Mahoney.
“I think it’s clear Timmy didn’t want to give people a choice,” Gearing said.
Gearing added that he believes Mahoney also was behind the petitions that successfully removed from the ballot Republican candidate and convicted felon Michael Cavanagh of Uniontown.
Gearing said his belief stems from the challenge being filed by the same people, and the same constable attempted to serve Cavanagh.
Mahoney denied being behind the petition seeking to remove Gearing from the ballot.
He said, however, he was approached by about 10 different Republicans who wanted to challenge Gearing’s candidacy and asked if he minded.
Mahoney said he was aware of the filings and did get a call from Ronald Brown, the Pittsburgh attorney representing Murray and Amend. Mahoney said he knows Brown.
“Ron Brown called and asked if I could get the papers served and get a constable to serve them, and if I cared that the papers were for one of my opponents,” Mahoney said.
Mahoney said Brown is unfamiliar with constables from Uniontown and he assisted him in that way.
Mahoney said he doesn’t need to keep switching parties to get elected, noting that both Cavanagh and Gearing have switched parties numerous times. He also reiterated that Cavanagh is a convicted felon.
“He should have run as a Democrat because that’s what he was,” Mahoney said of Gearing.
Gearing was elected to Uniontown City Council as a Democrat.
Amend said she and Murray, whom she described as a longtime friend, decided to challenge the petitions of Cavanagh and Gearing because she and Murray are lifelong Republicans and they don’t appreciate people who “flip-flop to get on the ballot.”
Amend said as a Republican, she wants to know that any candidate seeking the Republican nomination shares Republican views.
“At this point, it’s not anything personal,” Amend said.
Brown said his clients have a few days to decide if they will appeal to the state Supreme Court.
Gearing’s attorney, Lawrence M. Otter, said it was a very close case.
“We’re all pretty pleased he’s on the ballot,” Otter said of Gearing. “Let these guys go at it from now until November. Now you have a contest.”