Lackawanna County’s special election to replace ex-Commissioner Matt McGloin can go on for now, court judges ruled Friday.
A three-judge panel of the county common pleas court denied the county Democratic Party’s attempt to temporarily block the Nov. 4 special election but declined to immediately dismiss the party’s suit to block it.
President Judge James Gibbons, Judge Mary Walsh Dempsey and Judge Michael Barrasse gave the county Board of Elections until Oct. 2 to respond to the suit.
Special election on for now
The ruling means the special election can proceed, said attorney Christopher Caputo, the special counsel to the Board of Elections, which scheduled the special election.
Caputo said he doubts the party’s suit will succeed in blocking the election because of a previous state Commonwealth Court ruling that confirmed the county’s home rule charter is the correct way to fill vacancies.
The charter also calls for special elections to fill vacancies, Caputo pointed out.
“I think it will be very difficult for the declaratory judgment action (the lawsuit) to work,” Caputo said.
Democratic Party disagrees
County Democratic Party chairman Chris Patrick said the court ruled only on "a narrow technicality," citing the lack of "irreparable harm." Under judicial procedures, irreparable harm is necessary for a court to impose a preliminary injunction that temporarily blocks something from happening.
"They did not reach the merits of the case at all," Patrick said in a text. "This decision is not a declaration that this election is legal. We still believe that question needs to be answered."
Patrick said the party will file an emergency appeal to the Commonwealth Court "so we can hope to avoid confusion created by conducting an election that is later declared illegal."
Attorney Adam Bonin, the party's lawyer, said he would file the challenge today.
Previous ruling upholds charter
In the previous Commonwealth Court ruling, the appeals court upheld a county court ruling that said the home rule charter process that gives the county political parties and common pleas court judges roles in filling vacancies is correct.
Based on the charter, the Democratic Party recommended three candidates to replace McGloin, who resigned Feb. 24. The judges chose former county planning and economic development director Brenda Sacco, but the county and Commissioner Bill Gaughan’s Supreme Court appeal of the Commonwealth Court ruling has blocked Sacco from being sworn in.
The Supreme Court appeal remains pending. If the top court upholds the lower court rulings, Sacco could be sworn in, but for now could only serve until the voters choose a new commissioner at the special election.
When the judges appointed Sacco, they said she could serve until an election takes place but no later than Jan. 3, 2028, the date McGloin’s term would have expired.
Sacco declined to run in the special election.
Candidates picked for special election
On Thursday, the Democratic Party chose former state Rep. Thom Welby, now a legislative aide, as its nominee for commissioner, and the county Republican Party chose former utility official Chet Merli.
Michael Cappellini has also filed to run for the seat.
At least so far, the court cases have not affected the appointment process for filling a clerk of judicial records vacancy. The Democratic Party used the same home rule charter process to recommend Lauren Bieber Mailen and two other candidates to replace Mauri Kelly, who retired Sept. 2.
The same day they picked Sacco, the county judges chose Bieber Mailen for the clerk post.
On Thursday, the Democratic Party chose her as its nominee for the special election. The Republican Party chose Susanne Green of Benton Twp. as its nominee.
UNDERSTANDING THE PROCESS
Lackawanna County Commissioner Matt McGloin's resignation in February touched off a complex, monthslong replacement battle. For anyone trying to keep track of who's who and what happened when, here is a rundown of key developments.
