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Constitution Party of, Pennsylvania v. Cortes

July 16, 2010

THE CONSTITUTION PARTY OF, PENNSYLVANIA, ET AL. PLAINTIFFS
v.
PEDRO A. CORTES, ET AL. DEFENDANTS



The opinion of the court was delivered by: Stengel, J.

MEMORANDUM

The Constitution Party of Pennsylvania, the Green Party of Pennsylvania, and the Libertarian Party of Pennsylvania, and the chairs of the three parties, filed a motion for reconsideration of the court's opinion and order granting defendants' motions to dismiss. I will deny the motion.

I. BACKGROUND

On March 31, 2010, the defendants' motions to dismiss plaintiffs' amended complaint were granted.*fn1 The amended complaint alleged § 2872.2,*fn2 § 2937,*fn3 and § 2963(a)*fn4 of the Pennsylvania Election Code were unconstitutional. The motions to dismiss were granted because plaintiffs lacked standing to bring the constitutional claims and because plaintiffs' claims were not ripe for federal review.*fn5 I found the amended complaint failed to present a case or controversy as required by Article III of the United States Constitution. See Memorandum at 9.

Plaintiffs argue their motion for reconsideration should be granted because the memorandum opinion addressing defendants' motions to dismiss failed to discuss counts I and III of plaintiffs' amended complaint, failed to address authority supporting plaintiffs' position that a state may not condition participation in elections upon an ability to pay, and misapplied the Rooker-Feldman doctrine.*fn6

II. STANDARD

"The purpose of a motion for reconsideration is 'to correct manifest errors of law or fact or to present newly discovered evidence.'" Lazaridis v. Wehmer, 591 F.3d 666, 669 (3d Cir. 2010) (quoting Max's Seafood Café v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999)). A court should grant a motion for reconsideration "if the party seeking reconsideration shows at least one of the following grounds: (1) an intervening change in the controlling law; (2) the availability of new evidence that was not available when the court granted the motion . . .; or (3) the need to correct a clear error of law or fact or to prevent manifest injustice." Max's Seafood Café ex rel. Lou-Ann, Inc., 176 F.3d at 677 (quoting N. River Ins. Co. v. Cigna Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir. 1995)).

III. COUNTS I AND III

Plaintiffs allege the memorandum opinion granting the defendants' motions to dismiss failed to address count I and count III of the amended complaint. Plaintiffs' Memorandum at 2. The memorandum opinion does not contain a specific, in-depth discussion of counts I and III, yet the analysis of count II applies to the claims in count I and count III.

Count II alleges § 2937 is unconstitutional because it authorizes Judges to tax costs and fees against a minor party or independent candidate, "without notice or limitation, subject only to the . . . Judges' discretion."*fn7 Count II alleges courts assessed costs pursuant to § 2937 against minor party and independent candidates in the 2004 and 2006 elections. See Amended Complaint at ¶ 54. It alleges § 2937 fails to provide notice of when courts will assess taxes, chills plaintiffs' First Amendment rights, and violates the Due Process Clause. Id. at ¶ 57.

Count I challenges the constitutionality of § 2872.2 of the Pennsylvania Election Code. Section 2872.2 requires minor parties, defined as political parties whose membership accounts for less than fifteen percent of registered voters, to conduct a new petition drive each election cycle. See Amended Complaint at ¶ 43. Count I alleges § 2872.2 arbitrarily discriminates against and imposes a severe and unnecessary burden on non-major party candidates because of the alternate set of procedures established for those candidates. Id. at ¶¶ 43-44. "Specifically, [§] 2937 subjects Minor Party and independent candidates to the threat they will be taxed with litigation costs and fees, including attorney fees, without limitation, if they submit nomination petitions as required by [§] 2911(b). In the alternate, the Pennsylvania Election Code subjects Minor Party and Independent candidates to the threat that votes validly cast for them pursuant to [§] 2937(a) will not be counted. . . ." Id. at ¶ 45. Count I also maintains that candidates have been taxed with more than $80,000 in costs and fees. Id. at ¶ 46.

Count III of the amended complaint challenges § 2963(a), which authorizes voters to cast a write-in vote for any candidate for public office, and provides a mechanism for casting such votes. Amended Complaint at ¶ 60. It alleges this is the only alternative for non-major party candidates and their supporters "within the electoral arena free from the financial burdens that § 2937 threatens to impose upon such candidates." Id. at ¶63. Count III alleges counties routinely fail to compute and certify votes validly cast for non-major party candidates. Id. at ¶ 62.

Both count I and count III rely, in part, on the allegation that ยง 2937 places unconstitutional financial burdens on minor party and independent candidates. The memorandum opinion addressing the motions to dismiss found that plaintiffs lacked standing to raise such a claim and that the claim was not ripe. The standing and ripeness analysis applies to all counts of the complaint. Although each count states a separate, discrete basis for the plaintiffs' constitutional challenge to the Pennsylvania Election Code, the standing and ripeness concerns are common to ...


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