The Lackawanna County Democratic Party has asked the county court to block a Nov. 4 special election to replace former Commissioner Matt McGloin.
At a hearing Tuesday morning, county President Judge James Gibbons did not immediately rule on party attorney Adam Bonin’s request for a preliminary injunction.
The injunction would temporarily block the election from happening at least until a hearing can take place.
Bonin urged Gibbons to schedule the hearing as soon as possible.
“It should be later this week, if possible,” Bonin said.
Gibbons set a hearing for Sept. 10 at 9 a.m.
The party filed a request for the injunction Monday, calling the special election illegal.
Democratic Party attorney Adam Bonin told Gibbons nothing in state law allows the county Board of Elections to schedule a special election.
Bonin separately sued the county Board of Elections for scheduling the special election. If successful, the suit would permanently block the election.
Special election scuffle
The Board of Elections voted 2-0 with one abstention Friday to schedule the election. McGloin resigned Feb. 24, and a court battle between Commissioner Bill Gaughan and the county Democratic Party remains unresolved. The battle centers on whether the party used the right process to choose three potential replacements for McGloin.
The party relied on the county home rule charter to recommend former county planning and economic development director Brenda Sacco, Olyphant Council President James Baldan and Scranton School Director Bob Casey.
Under the charter, the county common pleas court judges must pick one of the three.
Gaughan challenges selection process
Gaughan and the county challenged that process in court. They contend state law and a state Supreme Court administrative rule for choosing commissioners means the common pleas court judges must solicit their own candidates and choose independently of the party.
The party won in county court and before the state Commonwealth Court, but Gaughan and the county have asked the Supreme Court to review the case.
The state’s highest court hasn’t decided whether to listen to an appeal.
Not a unanimous vote
In the meantime, the Board of Elections – Gaughan, County Commissioner Chris Chermak and Common Pleas Court Judge Terrence R. Nealon – voted Friday on scheduling the special election.
Nealon and Gaughan voted yes, Chermak abstained.
“The next county commissioner should not be the product, in my opinion, of a closed-door process, shrouded in secrecy and mystery,” Gaughan said during the meeting.
County Democratic Party chairman Chris Patrick said the board scheduled an “illegal special election.”
For now, the county Democratic and Republican parties have until Sept. 15 to pick commissioner candidates. Independent candidates may also run.
In the meantime, the county court of common pleas plans to interview Sacco, Baldan and Casey on Thursday afternoon before deciding who should at least temporarily fill the seat.
