04/30/2014
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PENNSYLVANIA REPUBLICAN COMMITTEE USES RESOURCES TO QUASH PRIMARY COMPETITION
Commonwealth Court Judge Mary Hannah Leavitt rendered a favorable decision April 15 that allowed gubernatorial Republican challenger Bob Guzzardi to stay on the May 20 Republican primary ballot. Guzzardi was accused of not having enough valid signatures on his petitions, lying about his occupation, and not filing his Statement of Financial Interests with the Ethics Commission on time.
None of the accusations are new to elections. Each complaint could easily remove a viable candidate from the ballot.
Upon further review of signatures, Leavitt ruled in favor of Guzzardi. She determined that he had enough valid supporters and that “his description of his occupation as semi-retired businessman and lawyer was logical.” He was taken to court by four backers of incumbent Republican Gov. Tom Corbett.
According to Leavitt’s opinion, “Candidate’s goal was to get on the ballot, not to engage in the practice of law or troll for clients. Candidate did not knowingly misrepresent his occupation on his nomination petition, and there is no evidence that the electorate was deceived.”
The court document reveals a breakdown in filing protocol. Filing Statement of Financial Interests forms was administered differently in 2014 than in previous years. The form consisted of three carbon copy pages. The first form was white, the second form was yellow, and the third form was pink. The top copy went to the Ethics Commission, the second copy went to the Department of State, and the third copy was retained by the candidate.
This year, the state required one form to be filled out and turned in by the candidate. It is posted online and can be printed by candidates. Candidates were required to make two copies of the form to be filed in both respective departments. The original form is to be submitted to the Ethics Commission.
Testimony proves that Guzzardi made copies, and that he had filed forms 24 hours prior to the state deadline. He testified that the directions provided to him were confusing, and that he trusted directions provided to him by Department of State employees.
The court opinion reads, “He believed that his receipt from the Department of State confirmed that he had done everything necessary to get his name on the primary election ballot.”
Dan Snyder, an employee of the state, said he had asked for Guzzardi’s Statement of Interests, so that he could walk the copy across the street to the Ethics Commission. Snyder’s testimony explained that a “Department of State employee interrupted (his) attempt and said we will accept the filing here.”
Another witness, Donna Ellingsen, had the same story. Ellingsen was with Guzzardi for moral support.
“Ellingsen recalled Snyder telling her that the Statement had to be filed with the Ethics Commission, but that he was informed that doing so was not necessary and that filing it with the Department of State was sufficient,” according to the court opinion.
Guzzardi did file all necessary paperwork, and on time. His documents were filed, just not in two places by the deadline.
The ruling to allow Guzzardi to compete in the primary is “a victory for the democratic process and Republican primary voters,” attorney Gretchen Sterns said. Sterns represented Guzzardi.
“I would hope that the Pennsylvania GOP would honor Judge Leavitt’s ruling and embrace the spirit of competition, which has always made America greater,” Sterns said.
While the primary is rapidly approaching, the state Republican Committee is still trying to remove Guzzardi from the ballot. They immediately filed an appeal with the state Supreme Court.
The state Supreme Court ruled in a previous case that if a documentation issue is rectified in a timely manner, and the candidate error was due to non-negligent circumstances, the candidate can remain on the ballot.
Corbett continues to campaign, and he dismisses public polling results. Corbett’s polling has remained at historic lows as he entered his 2014 re-election bid.
An underlying fight among Pennsylvania conservatives is the lack of support for competitive primaries. The Pennsylvania Republican Committee has already endorsed the Corbett-Cawley (Lt. Gov. Jim Cawley) ticket.
Guzzardi, who said he would accept a governor’s pay, but would reject all other perks, including a pension, said if elected, he would work to revamp the way money is spent by the state Republican Committee.
He said he believes spending donor contributions on competitive primaries – especially legal funds to remove a formidable candidate – is “false advertising.”
“We’re not going to do that anymore,” Guzzardi said.
The state Republican Committee, for example, used donors’ resources in attempt to block Sen. Scott Wagner (R-York) from running in a March special election. Wagner ran against Rep. Ron Miller (R-York), who decided he would run for the Senate seat after former Sen. Mike Waugh announced his early resignation.
Waugh announced he wouldn’t run again for re-election in August 2013, but he was going to serve until the end of his term that expired November 2014. In January 2014, Waugh submitted his letter of resignation, and was then promoted to Executive Director of the Pennsylvania Farm Show Complex the next day, which is what prompted a $200,000 taxpayer-funded special election.
Read the resignation-letter here.
Campaign finance reports show that the state Republican Committee paid over $80,000 to LN Consulting for campaign literature in the first quarter, filed under the 28th Special Election campaign finance report. Reports are here and here.
LN Consulting is owned and operated by Mike Long and Todd Nyquist. Long and Nyquist have storied pasts with Senate Republicans. Long boasts a 23-year stint serving as the Majority Staff Administrator to Senate President Pro Tem Joe Scarnati (R-Brockway).
Nyquist is equally credited for helping “to guide” Scarnati to victory in 2001, and his election to Senate President Pro Tem in 2007.
Long and Nyquist have burned bridges with some members of the Pennsylvania Republican Party. They hedged their bets in the battle between Democrats and Republicans over liquor privatization legislation. Democrats have talked about making the state-run stores financially efficient. Republicans have pushed – albeit, varied viewpoints – to privatize state liquor stores.
Long, Nyquist and Associates were paid to advise the United Food and Commercial Workers, the union that opposes privatization of state-run and operated liquor stores. The question is whether it’s ethical for a well-known Republican lobbying firm to contractually advise the opposition.
In addition to campaign literature, state Republican Committee spent money on postage, and in legal fees on the 28th Special Election. In the end, Wagner won the Special Election in a landslide victory, despite state Republican Committee resources used against him.
The Pennsylvania Primary is May 20. Guzzardi speculates that the state Republican Committee will continue to burn money in an effort to remove him from the ballot. He said it’s evidenced by the appeal filed with the state Supreme Court.
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