Uniontown man wants Pa. high court to allow him on ballot
A Uniontown man filed an emergency election appeal to the state Supreme Court, claiming a lower court violated his state and federal constitutional rights when he was thrown off the ballot for the state House last month.
Michael Cavanagh filed the petition Friday afternoon.
He was thrown off the ballot after Robin Lynn Amend, Thomas Murray II, Robert Smith and William Hubbard, parties in two separate court actions, petitioned to have him removed because of his prior conviction for insurance fraud. Cavanagh, a Republican, was seeking the seat currently held by state Rep. Tim Mahoney, D-South Union Township.
A petition on behalf of Hubbard and Smith was filed by attorney Lawrence M. Otter of Doylestown and a petition on behalf of Murray and Amend was filed by attorney Ronald James Brown of Pittsburgh.
In his petition, Cavanagh questions why the court removed his name, but allowed Rep. Bill DeWeese’s name to remain.
DeWeese, D-Waynesburg, was convicted in February of conflict of interest, conspiracy and three counts of theft for using state employees do to campaign work. He filed paperwork to run in the Democratic primary and despite a challenge, a judge refused to strike his candidacy because DeWeese is not considered convicted in the case until he is sentenced.
When he is sentenced, DeWeese will have to step down from his seat in the state House.
Cavanagh, in the petition, argues that there are others on the ballot who have been convicted of “infamous crimes.” Such crimes preclude someone from running for public office.
“The Commonwealth Court has no correct procedures to ensure fairness to all citizens that may run for elected office,” Cavanagh wrote in the self-filed appeal.
He also questioned how “other people (are) allowed to run and hold office in Pennsylvania that have criminal records and I am being deprived the right to even run for office.”
Additionally, the court violated the rights of the district’s Republicans, Cavanagh wrote.
Cavanagh argued that there is no clear definition of what constitutes an “infamous” crime.
“I believe the time to challenge is after the election, not before the election,” Cavanagh wrote in the appeal.
It is Cavanagh’s third run for office since he was convicted of insurance fraud and his first as a Republican. He was removed once before when he filed as an Independent and withdrew his name once when he filed as a Democrat.
Brown said Friday that Cavanagh can do what he wishes, but he believes it is clear that someone who has a felony conviction consistently leads to the candidate being thrown off the ballot.
“I don’t imagine there’s much merit to his appeal,” Brown said.