Election lawsuit could delay GOP selecting nominee for 51st state House seat
The Republican Party’s plan to select a candidate to replace state Rep. Matthew Dowling on the ballot in the November general election may have hit a snag with a lawsuit over Fayette County’s decision not to count some mail-in ballots, delaying the primary’s final certification.
Dowling easily won the Republican primary in May against challenger Ryan Porupski for his 51st state House seat in Fayette County, but the three-term legislator announced last month that he would retire at the end of this year following a June 4 crash in South Union Township in which state police said he was driving under the influence of alcohol.
Dowling, 37, of Uniontown, announced July 1 that he planned to remove his name from the ballot and allow the Fayette County Republican Committee to nominate a new person to compete for his seat.
But that process has been complicated by a lawsuit filed in Commonwealth Court last week by the state Department of State against Fayette, Berks and Lancaster counties over their refusals to count mail-in ballots in which the voter did not write the date on the outer envelope.
With only 52 such ballots in Fayette County – 46 of which were from Democrats and six from Republicans – the number of votes is likely inconsequential, but the state asserts it cannot fully certify the statewide elections until the uncounted mail-in votes in those three counties are included in the final tally.
“This is why I have not officially withdrawn from the ballot at this point … I can’t until the primary election results have been certified,” Dowling said in a post on his personal Facebook page last week.
The Fayette County Republican Committee held a candidate forum last Thursday for people who expressed interested in running for Dowling’s position. The committee is planning to vote to select Dowling’s replacement on the ballot during a closed-door meeting at 6:30 p.m. Thursday. However, the committee said the vote is contingent upon Dowling removing his name from the general election ballot, meaning the decision could be delayed or Dowling may have to remain as the candidate if the litigation is not settled soon.
Candidates have until Aug. 15 to remove their names from the ballot, and their parties then have until Aug. 25 to submit a new nominee.
A state Department of State spokeswoman said Monday that they could not comment on the situation due to the ongoing litigation. Fayette County Republican Committee Chairperson Michelle Mowry did not return a phone message or email seeking comment on whether they will still hold a vote Thursday, or what the party will do if the litigation goes beyond the August deadlines. Fayette County Elections Director MaryBeth Kuznik said Monday that she has not been contacted by the state and is unsure where the situation stands.
Fayette County Commissioner Scott Dunn said last week that the county’s Board of Elections was refusing to count the 52 mail-in votes because officials are tired of numerous court rulings in recent years over how to handle elections. Counties were required to count undated mail-in ballots after the 3rd U.S. Circuit Court of Appeals ruled shortly after the May primary that they should be included in the vote tallies following a lawsuit contesting a judicial election in Lehigh County last year.
County Commission Chairman Dave Lohr said last week that the Thomas Moore Society, a Chicago-based not-for-profit that describes itself as a national public interest law firm focusing on religious liberties and election integrity, is helping to back the lawsuit on behalf of the county. He said no county funds will be used to fight the lawsuit.