Election Law Update: TLO Scores Another Victory for the Luiz Garcia for Mayor Campaign in PA Commonwealth Court

In an eleven page opinion, which you can read below, The Pennsylvania Commonwealth Court affirmed last week's decision by Lehigh County President Judge Reibman to dismiss the Petition to Set Aside which was filed against TLO Client Luiz Garcia, who is running for the GOP nomination for candidate for Mayor of Allentown.

President Judge Reibman's ruling focused on the Court's lack of jurisdiction to consider the Petitioner's allegations.  The Commonwealth Court opted to decide the appeal on the merits, and noted that "there is no legal authority supporting Objector's petition."

For the full decision, see below:

Election Law Update: TLO Scores Victory for Luiz Garcia, Republican Candidate for Mayor of Allentown

Tuk Law Offices successfully represented the Luiz Garcia for Mayor campaign in the Court of Common Pleas in Lehigh County.   In opposing a petition to set aside Mr. Garcia's nominating petition, Tuk Law Offices successfully argued that the Court was without jurisdiction to consider the Petitioner's allegations.  

The Petitioner, Jessica Pearse, is a 20 year old Muhlenberg College student with no apparent full time job.   Somehow the Petitioner had enough financial resources to hire not one but two large law firms to handle two separate petition challenges in the Allentown Mayor's race.   

The Petitioner's legal argument was not based on the Pennsylvania Election Code, but rather it was a stealth attempt to enforce provisions of the Allentown Home Rule Charter and Administrative Code against Mr. Garcia.  

Petitioner failed to prove any violations of either the Charter or Code, as noted by President Judge Reibman in his Memorandum Opinion which was issued March 27, 2017.  The full text of President Judge Reibman's Opinion in this case can be read below. 

This was a case of first impression in Lehigh County.  President Judge Reibman dismissed the petition with prejudice.  News coverage can be found here. 

Mr. Garcia's campaign for Mayor of Allentown continues.