Litigation Associate, Fran Notarianni successfully represented Michael Cappellini, an Independent candidate in an election to fill a vacancy in the office of Lackawanna County Commissioner, in an ongoing election dispute. The case focused on whether the election board had the authority to declare a special election and whether state law supersedes a Home Rule Charter provision calling for special elections to fill vacancies. Following the resignation of Commissioner Matt McGloin, a process began to fill his seat through the Home Rule Charter which provides for a temporary appointment to fill the vacancy and a special election to permanently fill the vacancy. The temporary appointment provision requires the executive committee of the departed official’s political party to send to a judicial panel a slate of three potential replacements. The panel eventually settled on appointing former county Economic Development Director Brenda Sacco. However, she was never sworn in due to litigation over the temporary appointment process which centered on whether the county’s Home Rule Charter is inconsistent with the 2019 judicial rule that opens just such a process up to “any interested candidates” of the departed official’s political party. In the meantime, the election board took steps to permanently fill the vacancy via a special election and voted in favor of holding a special election at the upcoming municipal general election in November. The Lackawanna County Democratic Committee and Sacco subsequently filed an injunction seeking to block the special election. Cappellini filed the necessary paperwork to run for commissioner as an independent candidate in the coming special election, and joined as a defendant in the injunction lawsuit, arguing that the special election must take place as required by the Home Rule Charter. Notarianni argued in court that Capellini and county voters at large would suffer harm if a special election is blocked. Following the arguments, the panel of judges ruled that the special election could move forward. The matter is now on appeal in the Commonwealth Court.
Coverage on this story can be found here.
