The LuLac Edition #3164, March 12th, 2016
Commonwealth Court Senior Judge Dan Pelligrini has dismissed a suit challenging Senator Ted Cruz ability to be on the PA ballot. the case was brought challenging the Senator's U.S. Citizenship. As have other state judges, Pelligrini dismissed the suit ruling legal and historical precedent clearly indicate that Senator Cruz is in fact a natural born citizen of the United States.
What does this mean for Pennsylvania? Well if John Kasich and Marco Rubio take their states on Tuesday or if Trump can’t come close to getting the number he needs by April, Cruz will be a factor. There are a significant number of Cruz supporters in Pennsylvania and most are seasoned veterans of the political wars.
The March 3 article “Sugar Notch council agrees on proposed swearing-in solution” does not explain how borough officials and the solicitor have never realized the state law requires that they submit signed and notarized oath of office forms, with a certificate of election, upon taking office. I requested an action of Quo Warranto, because I have never witnessed these forms submitted.
Though I do not think the District Attorney would remove an official from office for lack of “paperwork,” the fact that I have had to challenge the council and mayor to submit such forms reveals their lack of knowledge and skills to meet he most basic functions, i.e., seating newly elected officials.
The article states that I complained that other council members should not be allowed to serve until they filled out the “same form” provided by Magistrate Halesey, who swore me into office. Well, instead of just copying that form, the solicitor made up a form that was very minimal. The other three recently elected members were sworn in by the mayor at a meeting at which no official minutes were taken. The forms were signed two days later and notarized by a notary that was not present in Sugar Notch at any time. All the other public officials, including the mayor who swore them in, do not have an oath of office on file either. So, how can the mayor swear someone in when he himself may not be “legal?”
I hope the mayor and other council members can produce and submit legal oaths of office, before they fail us anymore.
In the comments section Fiorucci added this:
The Bureau of Elections should send instructions with the Certificates of Election forms they send out, so each new official knows all the requirements for them to take office. When I was elected in 2010, I took my cert of election to the re-org meeting where I was sworn in by the mayor, but no one ever asked for it or told me what to do with it. There is a breakdown in communication that can lead to complications for public officials if they are ever sued individually, by companies or individuals. Now the DA has to get involved and they take forever to investigate these matters, to boot.