Cuyler Walker
Updated 7:35 a.m. 9/23 Adds comment from Chester County Democrats.
By Mike McGann, Editor, The Times
EAST MARLBOROUGH — Cuyler Walker suddenly announced his withdrawal from the race for the 158th State Representative race, Monday afternoon — and it could lead to a familiar face appearing on the November ballot, nine-term State Representative Chris Ross.
Walker, a Republican, and the current chair of the township Board of Supervisors, cited personal issues as the reason for his pulling out of the race.
“It is with deep regret that I am announcing my withdrawal as a candidate for State Representative,” Walker said in a statement. “Certain personal issues have arisen, and I believe that I can no longer effectively campaign for this position. It is important for me to focus on those issues at this time. I would like to extend my heartfelt thanks and appreciation to all of my supporters and volunteers over these past few months.”
Multiple GOP sources told The Times Monday night that Ross was the choice to replace Walker on the ballot.
Walker filed his withdrawal with the state Commonwealth Court, Monday, in the hopes that the court would rule in an expedited manner and allow the placement of another Republican candidate on the November ballot. Without a court ruling, typically the deadline for a candidate to withdraw and be replaced on the ballot is Aug. 11.
County Democrats say that more answers are needed — including specifics as to the cause of Walker’s withdrawal — and why the standard withdrawal rules don’t apply for Walker and the GOP.
“The public has a right to know why, at this late date, with ballots printed and already being sent to our military personnel and those living overseas, Cuyler Walker has abruptly decided to abandon his campaign and those that supported him,” said Brian McGinnis, chair of the Chester County Democratic Committee. “More troubling is the fact that the Republican Party seeks to marginalize the votes of our service men and women, as well as those citizens living overseas by, trying to substitute a hand-picked candidate that the Republicans view as more electable.
“This effort at backroom politics could also have a cost to the taxpayers of Chester County. The legal deadline for Cuyler Walker to withdraw as a candidates was August 11th, over 35 days ago. Under these circumstances, allowing the candidate to withdraw would disenfranchise military and overseas voters. In fact, if Mr. Walker wished to withdraw, why did he not do so before ballots began to go out to military and overseas voters on September 19th? What took place in the last couple of days that prompted this sudden move?
“Moreover, should the candidate be allowed to withdraw from the ballot, the taxpayers would be burdened with the cost of reprinting the ballots and reprogramming the voting machines. Before the public is forced to pay these costs, it has an absolute right to know why Cuyler Walker is so urgently attempting to withdraw at this late date and well after the legal deadline or if this is all a ruse by the Republican Party to hand pick a more electable candidate.”
According to Chester County Republican Committee chair Val DiGiorgio, the hope is for a ruling by the court by Friday. That would set in motion a caucus of the county committee members of the 158th District who would meet this coming weekend to vote for a new candidate. After that vote, DiGiorgio would notify the Secretary of State of the new candidate.
While the move would come early enough for a new candidate to get on regular ballots, it appears that the absentee ballots have already been printed and could cost whomever the GOP candidate is some votes, but DiGiorgio said Monday night he didn’t think it would be a major impact.
“I think people will have a pretty good idea of who they’re voting for,” DiGiorgio said, as the party’s organizational and financial strength should be a major asset in getting word out about the change.
Walker was highly recruited as a replacement for the retiring Ross — and seen as a favorite to beat Democrat Susan Rzucidlo in the November election.
Ross, a former London Grove township supervisor and current East Marlborough resident, could not be reached for comment on whether he would entertain putting off his retirement. While DiGiorgio declined to discuss specific candidates, he said that the party “has a deep bench” and that “a strong candidate” would emerge from this week’s process.
http://www.leagle.com/decision/1990202136PaCommw66_1197.xml/PETITION%20OF%20DIETTERICK
Is an interesting resource on the issue of withdrawal. It seems that the courts have treated the PA Election Code as guidance, rather than mandatory in many instances. What does seem to move the court is the date that the ballots are printed. What is not clear is when the ballots were / are being printed in this case. Can we know if the absentee ballots, in particular those that go overseas, have been printed and will this fact guide the court?
The absentee ballots have been printed, but not the general election ballots used at the polling place. The Democrats, in filing their opposition, plan to argue that approving the petition disenfranchises military and out of the country voters. And yes, the court rulings have used the code as guidance, rather than absolute.
It is interesting that the judiciary can override the direction of the legislators who formulated the election code and voted on amendments from 1937 onward in such a manner. It would seem like judicial activism, which some are not in favor of. It makes it hard to know what the actual rules are. Tomorrow’s hearing in Harrisburg should be of some note.
The deadline is hard and fast, regardless of what past success might have flowed from Chester County’s courthouse in the past. Our state courts can read statutes far better than some county courts can.
Again — I don’t have a dog in the fight — just looking at what has happened with withdrawals in other parts of the state. We shall see how it plays out —
In JUST THIS CYCLE, for example, one candidate who had been a perennial candidate for local office in Berks County was declared ineligible for any and all public office by Commonwealth Court. He had been challenged repeatedly in Berks, and survived over and over again. In both the Commonwealth, and later the Supreme Court, he has now lost any future eligibility for office.
See Section 993(b) of the Pennsylvania Election Code.
While Mr. Walker has the right to petition the Commonwealth Court to allow him to withdraw, there is NO provision in law allowing Mr. Ross to replace him at this late date, nor for anyone else to do so. It is simply too late, now that we are less than 50 days from the election.
Formally taking him off the ballot would pave the way for the county party to nominate a replacement — there is significant precedent for that. The issue from legal types is showing some change of status and hardship that would require a waiver of the Aug. 11 deadline.
A frequently cited recent case involves a Democratic State Rep. who was charged with DUI and other offenses and cited a need to mount his legal defense as why needed to be allowed to withdraw. Whether or not such circumstances exist in this case are unclear.
As the absentee ballots have been printed already, the courts generally will not waive without some specific issue and one with some immediacy.
Mr. McGann, that is incorrect. The date is the Election Code for Replacement Nomination Certificates is entirely separated and distinct from the withdrawal date, which has a 50 day before drop dead deadline. The Department of State MUST under law reject the RNC for either Ross is anyone else.
Well, Section IX isn’t entirely specific and there is some precedent for allowing candidates onto the ballot at this late date. County GOP officials seemed very confident that they would prevail in Commonwealth Court, although the Democrats are moving to object.
Glad to see Chairman McGinnis has recovered from “Pee-Gate”……
If personal issues are fair play, then the public has a right to know the specifics of Chairman McGinnis’s “medical issue.”
Slightly different issues, yes? McGinnis’ issues — whatever they are — are a potential embarrassment, but not an impact on the voting public. They haven’t handled it the way I would have — a mea culpa, and a better explanation would likely have sufficed — but the two situations are very much apples and oranges.
Walker is seeking court sanction to not abide by the election law deadlines, and arguably disenfranchise military and other absentee voters.