PHILADELPHIA (KYW Newsradio) — In a win for Democrats, a state court has ruled special elections for three open seats in the Pennsylvania House of Representatives will all be held on Feb. 7.
Two of those special elections have been at the heart of a controversy raging in the House for more than a month, as both parties have staked a claim to the majority of the House.
Commonwealth Court sided with Democratic House leader Joanna McClinton on Friday, denying a request from Republican leader Bryan Cutler to hold special elections for two open seats during the primary election in May rather than February.
The three-judge panel says it’s a political issue, and not one for courts to decide.
Democrats won a one-seat majority in the November election, but Allegheny County Democrat Dan DeLuca died shortly before the election and two other state representatives from Allegheny County resigned after they won higher office. Democrats are likely to win all three seats.
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Cutler had agreed to hold the election for DeLuca’s seat in February, but the other two were in dispute, with Republicans wanting to hold off until May.
With the vacancies, Republicans have held an advantage, but Democrats struck claim to the majority based on the election results. If Democrats win the three special elections as expected, they would gain a one-seat majority in the House.
In a surprise move on Jan. 3, Berks County Rep. Mark Rozzi, a Democrat, was chosen as speaker of the House, and announced he wouldn't caucus with either party, act as an independent. Questions swirled about if he would formally change his party, but to date it appears he hasn't. On Monday, Rep. Jim Gregory, a Republican who nominated Rozzi for the speakership, slammed him for indicating privately that he may stay a Democrat.
Once speaker, Rozzi scheduled the elections for Feb. 7 and Friday's decision fully brings the question to a close.
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“Today’s decision is good news for the nearly 200,000 Allegheny County residents currently without representation in the state House,” said McClinton Press Secretary Nicole Reigelman. “Now county elections officials can proceed to print ballots and make final preparations for special elections in the 32nd, 34th, and 35th legislative districts.”
GOP leaders disagreed.
“Pennsylvania’s Commonwealth Court today decided to ignore basic math and prior law in ordering all three of these elections be held together on Feb. 7,” said Rep. Bryan Cutler, R-Lancaster, the state House GOP leader. “Instead of resolving a dispute where the answer was self-evident based on the numbers, the court took the path of least resistance and thereby weakened the foundations of our republic and faith in the rule of law. This case was about who can exercise certain functions based upon simple numbers. House Republicans remained steadfast and consistent in our desire to hold elections and fill these seats in the normal course of business, and not through illegitimate loopholes.”