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Special Elections to Coincide with April Primaries — Update

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The state Supreme Court has ordered special elections for six vacant House seats to coincide with next month’s primary.  The high court’s order says the fundamental right to representation is at issue, and Philadelphia attorney Kevin Greenberg says 350,000 residents will now have somebody to represent them. 

“It’s likely some of these folks will be Democrat, it’s likely some of these folks will be Republican.  But these 350,000 people will be able to elect somebody to vote for them in the Statehouse and that’s and important right,” says Greenberg, who represents the 11-constituents who filed petitions with the court.  Greenberg says each of the six districts is represented by at least one petitioner. 

Speaker of the House Sam Smith had maintained that he was not able to call special elections until the new legislative redistrict maps were adopted.  But the legislative redistricting process is still not resolved, and the Supreme Court says these special elections will be held using the 2001 boundaries.

The opinion reads: “The district boundaries for the six vacant seats at issue here were set in the 2001 Final Reapportionment Plan, and the new members who would be elected to serve the remainder of their terms will merely step into the shoes of their predecessors – just as the Speaker and every other sitting House member who is currently seated under the districts set forth in the 2001 redistricting map.”     

Four of the posts had been held by Democrats, and Pennsylvania Democratic Party Chairman Jim Burn hails the decision as an important victory.  “Republicans have tried to delay the elections and silence the voices of Pennsylvanians, but today’s ruling is a stinging rebuke to Harrisburg politicians who have picked politics over property representing Pennsylvania,” Burn said in a statement. 

Three of the six vacant seats are located in Philadelphia, and one each in Montgomery, Lehigh and Allegheny counties.

UPDATE: Speaker Smith released a statement Thursday afternoon in which he said he would call the special elections.  However, that statement blasted the Supreme Court for ignoring the clear intention of the law, and “advancing its own veiled agenda.”

New Legislative Maps Still in Limbo

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The Legislative Reapportionment Commission has met for the first time since the state Supreme Court threw out its 2011 redistricting plan.  No votes were taken and the proceedings lasted only minutes before Chairman Stephen McEwen recessed the meeting until next Tuesday.  “It has come close, we’re not there yet,” McEwen said of the legislative leaders’ efforts to arrive at a compromise that can pass constitutional muster with the high court. 

Dominic Pileggi

Sen. Pileggi talks with the media following Wednesday's commission meeting.

Senate Republican Leader Dominic Pileggi (R-Delaware) suggests that the April 24th primary election will be held using the 2001 legislative maps. “There is no way that we can have a new map in place in time for the April 24th primary to occur with the new map.”  Pileggi doesn’t foresee legislative action to move the primary date, but did not speculate as to whether additional court action will be taken on the issue. 

Republicans have filed legal action that contends use of the 2001 maps would violate the constitutional principles of “one person, one vote,” but Pileggi notes the state Supreme Court has directed them to use existing maps in the existing primary cycle. 

Neither Pileggi nor his Democratic counterpart would discuss details of the ongoing negotiations.  “All I can tell you is that we’re working together to try to figure out what we can do to incorporate a plan that adheres to the Supreme Court decision and to the constitution,” Senate Democratic Leader Jay Costa (D-Allegheny) told a gaggle of reporters after the meeting. 

Costa believes the courts have been very clear that the April 24th primaries need go on with the 2001 lines.  “We believe that’s going to be the case.”

PA Supreme Court to Allow TV Coverage

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Never before has the Pennsylvania Supreme Court allowed cameras to record its oral arguments.  It’s a historic move, according to Pennsylvania Chief Justice Ronald Castille.  “For the first time ever, we will be videotaping actual sessions of the Supreme Court of Pennsylvania.”  The state’s highest court has written new rules that will give the Pennsylvania Cable Network (PCN) the ability to rebroadcast full sessions, beginning this fall. 

The Supreme Court is open to the public, but its three courtrooms seat only about 100 people.  “So this will give a widespread lesson in the third branch of government in how we operate,” Chief Justice Castille said in an interview with Radio PA. 

The new rules allow PCN to request to record scheduled proceedings for rebroadcast.  “Sealed” cases will not be videotaped, and Castille says the court can still exercise discretion to prohibit camera coverage of sensitive subjects.  Another provision in the new operating procedures clarifies that the Supreme Court shall incur no expense for the endeavor.   

PCN President Brian Lockman is proud to have their cameras inside the Supreme Court.  “Our network for 17-years has been covering the different levels of state government, to help people understand it better, and this really completes the loop.”  Lockman says everything PCN does is “gavel-to-gavel,” but that will literally be the case with the Supreme Court broadcasts.  Coverage is expected to begin on September 13th.