Petition Challenge Industry Gears Up
Newspapers and other media outlets have been
brimming of late with news of the success or failure
of various potential candidates in collecting a
sufficient number of signatures to qualify for ballot
access.
Most of these accounts have focused on the various
strict regulations, significant hurdles and the absolute
requirement for attention to detail by elective
hopefuls. Mostly unreported, however, has been what
happens after the petitioning process is complete and
nominating petitions are turned in to the Department
of State.
The petition challenge, somewhat of a rarity in the
past, has now become the norm in Pennsylvania,
employing countless lawyers, experts and consultants
as hit-men to knock opponents off the ballot.
For those who offer their services in this capacity -
sometimes billing in excess of $400 per hour - this
now-regular seasonal business adds up to big bucks.
This helps to further exacerbate the incumbent
protection program we've all heard so much about
over the last year, as only those candidates with
vast resources at their disposal can afford a detailed
review of an opponent's petitions.
Before this year's primary, PACleanSweep tried to
counter this imbalance by educating its candidates
on the particulars of reviewing petitions, urging them
to conduct reviews on their own behalf and by
employing additional volunteers in the effort.
One result of these reviews was a confirmation that
Pennsylvania's ballot access requirements are so
tedious that even incumbents find it necessary to
bend the rules - or cheat outright - in an effort to
insure their political futures.
One incumbent was forced to withdraw in the face of
a blatantly false sworn affidavit. Another successfully
obtained the signatures of dead people. Others
qualified for the primary ballot with the help
of "signatures" from many voters who all - oddly -
had the exact same handwriting.
On the other side of the coin, one incumbent
successfully challenged three different opponents off
the primary ballot. Although PACleanSweep
candidates did have a few minor victories in petition
challenges, the very fact that challenges are
becoming the norm is a sad commentary.
To make matters worse, court decisions in petition
challenges are extremely difficult to predict. The
official interpretation of what's legal and what isn't
seems to change from year to year. In addition,
different judges or panels can interpret the law
differently in the same year.
For those who wish to run for office in Pennsylvania,
this only leads to uncertainty, a need to far exceed
the official number of signatures required by law and
the need to set aside a great amount of resources -
just in case of a challenge - which could be better
utilized to inform voters of positions on the issues.
Qualifying for the ballot in Pennsylvania has
essentially become a crap shoot. Armed with the
right legal team, selective precedent and the
prevailing whims of the courts, any candidate could
be successfully disqualified from participating.
Overall, the Commonwealth's qualifying process
serves to benefit a few - incumbents and paid
experts - and put prospective challengers and
newcomers at a distinct disadvantage. In the end,
it's the voters who suffer, as their choices are limited
due to technicalities and legal loopholes.
Pennsylvania's ballot access laws are complex,
inequitable and arcane. It's time to simplify them in
the interest of increasing competition and providing
more choices for voters. More choices will ultimately
lead to better government, as competition makes the
cream rise to the top.
Unfortunately, this is not in the best interest of the
ballot access hit-men and hired guns who are
pocketing vast amounts of money in the business of
politics. And of course, changing the law requires the
cooperation of incumbents, an act which would
threaten their very livelihood.
About PACleanSweep
PACleanSweep is a non-partisan effort dedicated to
defeating incumbent elected officials in Pennsylvania
and replacing them with true public servants. For
more information, please visit
www.PACleanSweep.com.