Republican nominee for Uniontown council seat appeals judge's order
By The Tribune-Review
Wednesday, September 30, 2009
The Fayette County Democratic Committee on Tuesday nominated a candidate for Uniontown City Council, but the Republican nominee is appealing a judge's order that allowed the Democrats to file their nomination paperwork late.
Democrats yesterday nominated Philip J. Michael of West Berkely Street to run in the November election for the council seat vacated by the resignation of Councilman Marlin Sprouts.
Democrats had missed a Sept. 14 filing deadline, but Judge Ralph Warman extended the deadline to today after determining they did so based on erroneous information provided by the Election Bureau.
The Republican candidate for the seat, Gary N. Altman, yesterday filed notice he is appealing Warman's ruling to Commonwealth Court. Altman, a Uniontown attorney, was nominated before the Sept. 14 deadline by the Fayette County Republican Committee.
Sprouts resigned after he entered a guilty plea in federal court to charges involving a mortgage scam.
Council appointed Michael to fill Sprouts' unexpired term. But because Michael had lived in the city only since October, some residents questioned whether he met legal requirements to serve on council. Michael resigned in April after council candidate Gary Geary filed a lawsuit alleging Michael did not meet a one-year residency requirement of individuals who are elected to serve on council.
In April, council appointed Curtis Sproul to fill Michael's vacated seat. Sproul was to serve until the November election.
http://www.pittsburghlive.com/x/pittsburghtrib/news/fayette/s_645685.html
Altman files appeal of decision to allow Democratic nomination
September 30, 2009 09:43 AM TEXT SIZE By: STEVE FERRIS
Herald Standard
The Republican Party candidate in the special election for a disputed seat on Uniontown City Council has appealed a Fayette County Court decision that gave the county Democratic Party extra time to nominate a candidate for the seat.
GOP candidate Gary Altman, a Uniontown attorney who also represents the party, filed a notice of appeal Tuesday, the day after the Democrats nominated former council appointee Philip J. Michael as their candidate.
The appeal will be forwarded to Commonwealth Court from the Fayette County Prothonotary's office where Altman filed the appeal. Altman said he requested that Commonwealth Court expedite the appeal.
Altman said county court was not authorized under state law to consider the Democrats' petition to extend the nomination deadline for the council seat.
"The court had no jurisdiction in entertaining this petition," Altman said.
After a hearing Thursday, county Judge Ralph C. Warman issued a ruling Friday granting the Democratic Party's request to extend the deadline in which to nominate a candidate for the Nov. 3 special election.
The statutory deadline to nominate candidates for the seat was Sept. 14, but Warman extended the deadline to today.
The Democratic Party's executive committee nominated Michael at a meeting Monday. Michael was appointed to fill the seat in March, but he resigned after a candidate for a different council seat sued him over the appointment.
The council seat at the center of the dispute is that of former councilman Marlin Sprouts. He won the seat in 2007 and took office in January 2008.
About a month later, he was indicted in a federal mortgage fraud case and resigned on March 17 after he was sentenced to probation and ordered to pay restitution.
Council appointed Michael to serve the remainder of Sprouts' term at the March 17 council meeting.
His term would have expired at the end of 2011.
Michael resigned in April after Democratic council candidate Gary Gearing sued him, arguing he was not qualified to hold the office because he lived in the city for less than a year before he was appointed and council should have appointed him to serve only until the November election.
Advertisement Council then appointed Republican council candidate Curtis Sproul to fill the vacancy until the November election.
In letters dated March 26, the county election bureau instructed both parties to submit nominations for the seat by Sept. 14 so the nominees could appear on the Nov. 3 ballot. The Republican Party nominated Altman by that deadline.
In a Sept. 10 newspaper article, bureau director Laurie Lint said the department checked with the Pennsylvania Department of State and was told the office would have to be filled by an appointment until the 2011 election because it was vacated after the March 10 deadline to file petitions in the primary.
Lint and bureau solicitor Sheryl Heid reviewed the matter the following week and determined that the March 26 letter contained the correct procedure to fill the council seat, but the Sept. 14 deadline had passed by then.
That prompted the Democratic Party to ask the court to extend the deadline.
Democratic Party Chairman Fred L. Lebder said he went to the bureau some time between March 26 and September, and again after the newspaper article was published and was told on both occasions that the seat would have to be filled through an appointment.
After his first visit to the bureau and reading the article, Lebder said the party didn't submit a nomination because he believed the seat would not appear on the ballot.
State law requires nomination petitions to be filed at least 50 days prior to an election and Sept. 14 was the deadline for the Nov. 3 election, according to court documents submitted by the Democratic Party.
Altman said the Legislature established that deadline and courts do not have the authority to change it.
There are two years left in the term of the council seat in question.
The candidates for the seat will appear on the Nov. 3 ballot along with two Republican and two Democratic candidates running for two four-year terms on council.
http://www.heraldstandard.com/news_detail/article/1631/2009/september/30/altman-files-appeal-of-decision-to-allow-democratic-nomination.html
Democrats nominate council hopeful
September 29, 2009 04:08 AM TEXT SIZE By: STEVE FERRIS
The Fayette County Democratic Party's executive committee on Monday nominated Philip J. Michael to run in a special election for a Uniontown City Council seat that only recently was secured a place on the Nov. 3 ballot.
However, Republican candidate Gary Altman, a Uniontown attorney who unsuccessfully tried to block the Democrats from making a nomination in a court hearing last week, said he would appeal a nomination made by the Democrats.
Altman maintains that courts do have the authority to extend or waive the Sept. 14 nomination deadline, which was established by the Legislature. That was one of arguments he made against extending the deadline in last week's hearing.
State law says nomination petitions have to be filed at least 50 days prior to an election and the deadline was Sept. 14 in this case, according to the Democrats' petition for the deadline extension.
Fayette County Judge Ralph C. Warman extended the deadline to Wednesday. Objections to the nomination are due within seven days of the deadline.
The two-year seat in dispute is what's left of the four-year term that former councilman Marlin Sprouts won in the 2007 municipal election.
He took office in January 2008, but was indicted in a federal mortgage fraud case about a month later. He resigned on March 17 this year after he was sentenced to probation and ordered to pay restitution.
At the March 17 council meeting, Michael was appointed to serve the remainder of Sprouts' term, which would have expired at the end of 2011.
Michael resigned in April after Democratic council candidate Gary Gearing sued him, arguing he was not qualified to hold the office because he lived in the city for less than a year before he was appointed and council should have appointed him to serve only until the November election.
Council then appointed Republican council candidate Curtis Sproul to fill the vacancy until the November election.
In a March 26 letter, the election bureau instructed the Republican and Democratic parties to submit that day by the deadline.
Fayette County Democratic Party Chairman Fred L. Lebder, in the hearing last week, testified that he went to the Fayette County election bureau some time after the letter was mailed out, but bureau director Laurie Lint wasn't there that day.
Advertisement A bureau employee called Harrisburg and was told the position had to be filled through an appointment, according to Lebder's testimony.
Lint, said, in an interview published Sept. 10, the bureau checked with the Pennsylvania Department of State and was told the council seat would have to be filled by an appointment until the 2011 election because it was vacated after the March 10 deadline to file petitions for the primary.
Lebder testified that after he returned to the bureau after reading the article and a bureau employee told him the seat had to be filled through an appointment so the party did not nominate a candidate for the seat.
Lint testified in the hearing that questions arose about the process to fill the council seat between the time the March 26 letter was sent to the parties and September.
She said another bureau staff member called the Department of State and was told the seat should not be on the Nov. 3 ballot because it became vacant after the deadline to file nominating petitions for the primary and it should be filled by an appointment until the 2011 election.
Election bureau solicitor Sheryl Heid said in a Fayette County election board meeting last week, that she met with Lint to review the matter after receiving phone calls about the information about the seat in the newspaper article and they concluded that the March 26 letter was correct, and the information in the newspaper article was incorrect.
But, by that time, the Sept. 14 nomination deadline had passed.
In his decision granting the extension, Warman said the confusion around the election for the council seat and incorrect statements from the election bureau resulted in the Democratic Party not nominating a candidate by the statutory deadline.
Also Monday, the part nominated Norman Gordon to run for a seat on Dunbar Borough Council.
Gordon will replace Bill Watson, a candidate who died, on the Nov. 3 ballot.
http://www.heraldstandard.com/news_detail/article/1631/2009/september/29/democrats-nominate-council-hopeful.html
Fayette County Democratic Committee gest extension for nominationBy Liz Zemba
TRIBUNE-REVIEW
Tuesday, September 29, 2009
Last updated: 11:13 am
The Fayette County Democratic Committee has been granted additional time to file nomination papers for a Uniontown City Council candidate.
Fayette County Judge Ralph Warman on Friday granted the request. The judge on Thursday had convened a hearing on the request after the filing of an emergency motion by the committee.
A vacancy was created for the council seat in March by the resignation of Councilman Marlin Sprouts. Sprouts was forced to quit council after he entered a guilty plea in federal court to charges involving a mortgage scam.
Council appointed Philip Michael to fill Sprouts' unexpired term. But because Michael had lived in the city only since October, some residents questioned whether he met legal requirements to serve on council. Michael resigned in April after council candidate Gary Geary filed a lawsuit alleging Michael did not meet a one-year residency requirement of individuals who are elected to serve on council.
In April, council appointed Curtis Sproul to fill Michael's vacated seat. Sproul was to serve until the November election.
Election Bureau Director Laurie Lint testified last week that in a letter dated March 26, she informed the chairmen of both political parties of the vacancy on council and that they could submit nominations until Sept. 14.
The Democratic Committee missed the deadline after an election bureau employee subsequently advised them the vacancy would not appear on the November ballot, according to an opinion attached to Warman's order. In addition, Warman indicated Lint was quoted in a Sept. 10 published report as making a similar statement.
After the Sept. 14 deadline had passed, the Election Bureau determined "that the vacancy would in fact be on the November 3, 2009, ballot," Warman wrote in the opinion.
Warman noted in his opinion that "confusion and misrepresentations made by the Fayette County Election Bureau" resulted in the Democratic Committee missing the Sept. 14 deadline. Under those circumstances, Warman said, "it would be unjust to prohibit" the committee from filing a nomination certificate for the vacant seat.
Warman gave the committee until Wednesday to file a nomination certificate.
The county's Republican Committee filed its nominating papers on Sept. 14, naming Gary Altman as its candidate.
http://www.pittsburghlive.com/x/pittsburghtrib/news/fayette/s_645503.html
Judge allows extension for Dems' nomination
September 27, 2009 04:25 AM TEXT SIZE By: STEVE FERRIS
Herald Standard
A Fayette County judge gave the county Democratic Party until Sept. 30 to nominate a candidate to run in a special election for a seat on Uniontown City Council.
Judge Ralph C. Warman issued the ruling Friday, a day after he held a hearing on the party's petition to extend the nomination deadline and the county election board held a meeting to clear up confusion about how the council seat should be filled.
Whoever the Democrats nominate will run against Uniontown attorney Gary Altman, who the Republican Party nominated on the statutory deadline of Sept. 14.
At Thursday's court hearing, Altman presented several arguments to dismiss the Democratic Party's petition. Attorney Douglas Sepic, who represents the Democratic Party, argued for the deadline extension.
The seat at the center of the arguments is that of former councilman Marlin Sprouts.
Sprouts won the office in the 2007 election and took office in January 2008. He was indicted in a federal mortgage fraud case about a month after he took office and resigned on March 17 after he was sentenced to probation and ordered to pay restitution.
During the same March 17 meeting, council appointed Philip J. Michael to serve the remainder of Spouts' term, which would have expired at the end of 2011.
Originally Laurie Lint, director of the election bureau, said Michaels could serve until the end of 2011 but then said the state had determined that he could only serve until the end of 2009 and there would be a special election in November for someone to fill out the remainder of the term.
On March 26, the election bureau sent both parties letters saying they had until 4:30 p.m. Sept. 14 to nominate candidates for the seat. Nomination certificates were enclosed with the letters.
Michael resigned in April after Democratic council candidate Gary Gearing sued him, claiming he was not qualified for the office because he didn't live in the city for a year prior to his appointment. Council appointed Curtis Sproul to fill the vacancy.
Lint then told the Herald-Standard in a Sept. 9 interview that the bureau rechecked with the Pennsylvania Department of State and was told the seat would have to be filled by an appointment until the 2011 election because the seat was vacated after the March 10 deadline to file nomination petitions for the primary.
Advertisement County Democratic Party Chairman Fred L. Lebder testified at the hearing Thursday that he went to the bureau some time after the article was published, but Lint wasn't there that day.
Another office employee called someone in Harrisburg and was told the seat had to be filled through an appointment. Thinking it wasn't necessary, Lebder said the party then declined to nominate a candidate for the seat.
Bureau solicitor Sheryl Heid told the election board that she received several phone calls about the council seat after the Sept. 10 article and met with Lint the following week.
They reviewed the matter and determined that the March 26 letter contained the correct procedure for filling the council seat and the information in the newspaper article was incorrect, but the Sept. 14 nomination deadline had already passed, Heid said.
State law requires nomination petitions and papers to be filed at least 50 days prior to an election and Sept. 14 was the deadline for the Nov. 3 election.
One of Altman's arguments was that the court was not empowered to change the nomination deadline that was established by the legislature.
While there is no general principle that authorizes courts to waive time limits set by the Legislature, courts have done so when fraud or a breakdown in official operations have been proven, Warman wrote in his ruling.
No one at the hearing disputed that the Democratic Party did not to file a nomination certificate by the deadline due to the "confusion and misrepresentation made the Fayette County Election Bureau," according to judge's ruling.
"The court must consider the longstanding and overriding policy of our commonwealth to protect the elective franchise and the Election Code must be liberally construed to protect a candidate's right to run for office and voters' right to elect the candidate of their choice," Warman wrote, citing previous court cases involving elections.
The ruling also says objections to the Democrats' nomination have to be filed no more than seven days after the Sept. 30 deadline.
http://www.heraldstandard.com/news_detail/article/1631/2009/september/27/judge-allows-extension-for-dems-nomination.html
Previously
Fayette County Democrat Committee looks for more time for nomination papers
By Mary Pickels
TRIBUNE-REVIEW
Friday, September 25, 2009
Fayette County Judge Ralph Warman convened a hearing Thursday following the filing of an emergency motion by the county Democrat Committee, requesting additional time to file nomination papers for a Uniontown City Council candidate.
Douglas S. Sepic, attorney for the committee, filed the motion prior to a meeting by the Fayette County Election Board.
Sepic stated in his motion that a vacancy was created for the seat in March upon the resignation of Councilman Marlin Sprouts. Sprouts was forced to quit council after he entered a guilty plea in federal court to charges involving a mortgage scam.
Council appointed Philip Michael to fill Sprouts' unexpired term. But because Michael had lived in the city only since October, some residents questioned whether he met legal requirements to serve on council. Michael resigned in April after council candidate Gary Geary filed a lawsuit alleging Michael did not meet a one-year residence requirement of individuals who are elected to serve on council.
In April, council appointed Curtis Sproul to fill Michael's vacated seat. Sproul was to serve until the November election.
Yesterday, county Election Bureau Director Laurie Lint testified before Warman that in a letter dated March 26, she informed the chairmen of both political parties of the vacancy on council and that they could submit nominations until Sept. 14.
Lint said in a published report earlier this month that the seat would not appear on the November ballot and would have to be filled by appointment by the city council for an individual to serve through the 2011 election because the vacancy was created after the March 10 deadline to file primary nomination petitions.
"My understanding at the time was that it was not going to be on the ballot," Lint said.
Several weeks later, Sepic wrote, Lint said she learned that the vacancy legally had to be filled by accepting nomination petitions from the political parties.
"While presumably done inadvertently, the director of the Fayette County Election Bureau, nevertheless, set in motion a chain of events which have led to contradictory statements by or on behalf of the election bureau and/or the Fayette County Board of Elections, a change in electoral procedure, legal obscurity and confusion as to when and how the said Uniontown city council seat would be filled," Sepic wrote in his motion.
The Democrat Committee, he said, relied upon Lint's statements as to how the seat would be filled and did not appoint a candidate or file a nomination certificate.
Under Sepic's questioning, Lint acknowledged that she did not notify the public or either committee that her earlier comments were inaccurate.
The county Republican Committee filed on the last day possible, Sept. 14, submitting the name of Gary Altman. Altman is the committee's attorney and was permitted to participate in yesterday's hearing.
Also testifying was Fred Lebder, Democrat Committee chairman. He said he visited the election bureau and, because Lint was not there at the time, asked a staff member to call the Department of State to confirm the March letter.
He did not recall the date of the visit, but said his understanding following the phone call was that the seat was going to be filled by appointment. He later saw Lint's published comments regarding nominations and was told they were accurate.
Altman requested a dismissal of Sepic's motion, claiming it was filed too late, stating that no provision exists in election law for late filing and questioning whether the Democrat Committee would have had time to file nomination papers before the Sept. 14 deadline.
Warman said he would take the matter under advisement and rule at a later date.
http://www.pittsburghlive.com/x/pittsburghtrib/news/fayette/s_644902.html
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