The Lackawanna County Democratic Party wants a state appeals court to block a special election to replace ex-County Commissioner Matt McGloin.
The party served notice of its appeal to the state Commonwealth Court on Monday. The party will argue the county Court of Common Pleas ruled incorrectly last week by refusing to at least temporarily block the Nov. 4 special election by issuing a preliminary injunction.
The county court ruled Friday the party did not show that allowing the special election to move forward would create “immediate and irreparable harm.” A separate lawsuit challenging the election remains pending in county court.
The Commonwealth Court gave lawyers for the party and the county until Monday at 4 p.m. to file written arguments outlining their positions.
Election candidates chosen
Just in case it loses the challenge, the Democratic Party chose former state Rep. Thom Welby on Thursday as its candidate for the special election. The same day, the county Republican Party chose former utility official Chet Merli as its candidate.
They will face independent Michael Cappellini of Jessup. No one else filed for the seat by the deadline Monday.
The case history
McGloin resigned Feb. 24, setting off a seven-month legal battle over the process for replacing him.
Following the county’s governing document, the home rule charter, the party recommended three candidates, but Commissioner Bill Gaughan and the county challenged the selection process in court before county judges could pick one of the three.
Two weeks ago, after county judges and the Commonwealth Court upheld the home rule charters, the judges picked former county planning and economic development director Brenda Sacco to replace McGloin.
But Gaughan’s appeal to the state Supreme Court prevented Sacco’s swearing in.
What's next
In appointing Sacco, the judges said she could serve until an election takes place but no later than Jan. 3, 2028.
Sacco is not a candidate in the special election.
That means, if the courts uphold the special election, Sacco will only serve until the election is certified and the winner is sworn in. The winner would serve until Jan. 3, 2028, and would have to run for re-election in 2027 to stay in office beyond that.
If the courts block the special election, Sacco will serve the same period unless she runs for re-election.
EDITOR'S NOTE: Commissioner Bill Gaughan and the county's lawyer in the legal challenge mentioned in this story, attorney Dan Brier, is a partner of the Myers, Brier & Kelly law firm. Attorney Robert T. Kelly, Jr., also a firm partner, is a WVIA board member.
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.
