IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Transcription

1 and Harry Van Sickle Commissioner of Elections PETITION FOR REVIEW AND WRIT OF MANDAMUS AND NOW COMES, Petitioner Lawrence M. Otter, individually and as a candidate for Bucks County Court of Common Pleas Judge, by and through his counsel, Jahn S. Chesnov, Esquire, and says 1. This is an Election matter which must be expeditiously handled by the Court. 2. Petitioner Lawrence M. Otter is an individual who resides in Bucks County and is currently circulating nomination petitions as a candidate for Bucks County Court of Common Pleas Judge. 3. Respondents herein are Pedro Cortes, Secretary of the Commonwealth, and Harry Van Sickle, Commissioner of Elections who maintain offices in the North Office Building, Harrisburg, Pennsylvania. 4. This petition seeks review of a determination made by the Department of State Bureau of Elections that the February 11, 2009 resignation of the Honorable 1

2 Judge David Heckler from the Bucks County Court of Common Pleas would not require the vacancy to be filled by election in Petitioner seeks to fill the vacancy through the primary election process. 6. Petitioner is currently circulating the necessary nomination petitions to run for the vacancy in both the Democratic and Republican Primaries on May 19, Neither the Secretary nor the Commissioner of Elections has designated the above vacancy for the election on the May primary ballot. 8. Heckler vacated his seat on the Court as of February 11, 2009 when Heckler left the Court to run for Bucks County District Attorney position. 9. This Court s decision in Brady V. Cortes, 873 A.2d 795 (Pa. Commw. 2005) makes clear that the vacancy can be timely filled through the election process which is mandated by Article V, 13(a) of the Pennsylvania Constitution. The facts of this case are identical to the facts in Brady, supra. 10. Pursuant to Article V, 13(a) of the Pennsylvania Constitution and in accordance with the Election Code, a vacancy exists in the Bucks County Court of Common Pleas for the election to take place on Tuesday, November 3, 2009, and for a nomination to take place at the primary election on May 19,

3 WHEREFORE, Petitioner respectfully prays that a Writ of Mandamus issue directing the defendants to declare the vacancy existing and that the vacancy be filled by nomination at the Primary election on May 19, 2009 and by election at next Municipal Election on November 3, Respectfully submitted, JAHN S. CHESNOV ESQUIRE ATTORNEY FOR PETITIONER PA ATTORNEY ID Neshaminy Plaza Two Suite Bristol Pike Bensalem, PA Phone Fax

4 and Harry Van Sickle Commissioner of Elections VERIFICATION I, Lawrence M. Otter, hereby depose and say that the statements in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C. S relating to unsworn falsification to authorities. Lawrence M. Otter 4

5 and Harry Van Sickle Commissioner of Elections CERTIFICATE OF SERVICE Jahn S. Chesnov, Esquire, counsel for Petitioner, hereby certifies that a true and correct copy of the Petition was duly served by on the following Gregory Dunlap, Esquire Acting Chief Counsel Pennsylvania Department of State gdunlap@state.pa.us L. Lawrence Boyle, Esquire Deputy Counsel Pennsylvania Department of State lboyle@state.pa.us Howard Hopkirk, Esquire Senior Deputy Attorney General Office of Attorney General hhopkirk@attorneygeneral.gov JAHN S. CHESNOV, ESQUIRE 5