A state appeals court ruled Friday that a special election to replace ex-Lackawanna County Commissioner Matt McGloin can go on as planned Nov. 4.
The Commonwealth Court declined to impose a preliminary injunction that would have blocked the election. The county Democratic Party appealed after a three-judge county common pleas panel denied the party’s request last Friday.
The county court ruled the party did not show that allowing the special election to move forward would create “immediate and irreparable harm” by violating the state code governing counties.
County Democratic chairman Chris Patrick had testified the party would be harmed because it would have to raise $50,000 to $100,000 to support a special election candidate. But the county court pointed that under state law irreparable harm is the kind that can’t be compensated by money.
The county Board of Elections approved the special election at a meeting last month, but the party went to court to challenge the decision.
Patrick: Party will not appeal ruling
Voters will now choose from among former state Rep. Thom Welby, of Scranton, a Democrat; retired utility official Chet Merli, of Blakely, a Republican; and Michael Cappellini, of Jessup, an independent.
That's because Patrick said Friday the party would not appeal the latest ruling and would allow the special election to proceed.
“I’m confident of a special election,” he said. “We have a damn good candidate. Thom’s out there campaigning. I respect the decision of the court and we move forward from there.”
Patrick said the party appealed to Commonwealth Court to clear up the law.
“We wanted more clarity,” he said. “We wanted to make sure they (the county court) ruled correctly.”
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 Democratic 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 charter, the judges picked former county planning and economic development director Brenda Sacco to replace McGloin.
But Gaughan and the county's appeal to the state Supreme Court prevented Sacco’s swearing in.
Efforts to reach Gaughan were not immediately successful.
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 presumably 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.
EDITOR'S NOTE: Commissioner Bill Gaughan and the county's lawyer in the legal challenge mentioned in this story is attorney Dan Brier, a partner in the Myers, Brier & Kelly law firm. Attorney Robert T. Kelly, Jr., also a firm partner, is a WVIA board member.
