Commonwealth Court, Not Superior Court, Must Hear Election Case

Photo: Christian Schwier

The Pennsylvania Superior Court, overturning its own prior decision, has ruled that the Commonwealth Court should not have passed along an election-related case to the former because the latter has sole jurisdiction over such disputes.

In Mohn v. Bucks County Republican Committee, an en banc Superior Court panel consisting of Judges Jack Panella, John Bender, Susan Peikes Gantman, Anne Lazarus, Alice Dubow, Deborah Kunselman, Carolyn Nichols, Mary Murray and Maria McLaughlin transferred the case back to the Commonwealth Court.

Plaintiff Daniel Mohn was elected as a Republican committeeperson for Yardley Borough in Bucks County, but was later the subject of ethics complaints for campaigning against local Republicans and failing to cover polls on election day, according to Kunselman's precedential Sept. 3 opinion.

The party stripped him of his position, and Mohn went to court looking for an injunction. Eventually the case made its way to the judges of the Commonwealth Court, who decided the issue was not theirs to consider, and the case pivoted to Superior Court.

The Commonwealth Court relied on the Superior Court's 2013 decision in Gordon v. Philadelphia County Democratic Executive Committee for guidance. In that case, the Superior Court ruled that it had jurisdiction to hear an appeal involving an alleged Election Code violation.

But the en banc panel in Mohn said "Gordon was incorrectly decided, and should be overruled."

Kunselman added that the court's acceptance of the case in Gordon for judicial economy concerns was wrong.

"Given the Commonwealth Court's exclusive appellate jurisdiction over claims involving election matters, we conclude that 'judicial economy' was an insufficient basis for the Gordon majority to accept jurisdiction over the election-related appeal," Kunselman said.

She added, "Moreover, by asserting jurisdiction over the appeal, the Gordon majority risked establishing two conflicting lines of authority on the Election Code, which is within the purview and expertise of the Commonwealth Court. Thus, to the extent that Gordon stands for the proposition that this court can entertain appeals involving matters within the exclusive jurisdiction of the Commonwealth Court, it is specifically overruled."

Turning to Mohn's arguments, Kunselman said the issues required a determination of whether, in disqualifying Mohn from his position, the Bucks County Republican Committee "violated the local party rules, which the Republican Committee is required to follow under Section 2837 of the Election Code."

"Additionally, the appeal requires a determination as to whether the BCRC had the right to direct and discipline Mr. Mohn pursuant to Section 2842 of the Election Code. These issues involve election matters that 'draw in question the application, interpretation or enforcement of … statute[s] relating to elections, … or other election procedures,'" Kunselman said. "Consequently, the subject matter of this appeal directly implicates the Election Code and the Commonwealth Court's precedents applying the Code's provisions."

Josh Bonn of Nauman, Smith, Shissler & Hall represents Mohn and said in an email, "The Superior Court's decision in Mohn v. Bucks County Republican Committee clarifies that the Commonwealth Court has exclusive jurisdiction over all appeals challenging political party disqualifications of committeepersons.  This is an issue of substantial public importance because political party committeepersons are publicly elected by party voters.  The issue remains whether political parties may undue the results of these elections for any reason or whether the Election Code requires political parties to follow their own disqualification rules."

Joel Frank of Lamb McErlane, who represents the committee, said in an email, "This case has certainly taken a circuitous path, from Bucks County Common Pleas Court, to Commonwealth Court, to Superior Court and now again back to Commonwealth Court. We certainly understand the Superior Court's rationale in transferring the matter back to Commonwealth Court and the Bucks County Republican Committee looks forward to having the Commonwealth Court substantively address the underlying issues. We're hopeful for an affirmance of the trial court decision."

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