Pennsylvania Commonwealth Court will hear the suit on special election dates, as Democrats, GOP pick candidates

• By Chris Potter and Doug Shugarts/ WESA

The legal fight regarding a date for special elections to fill three state house seats in the Pittsburgh area heads to Commonwealth Court Wednesday, as justices take up a Republican lawsuit that challenges the date set by the Democrats.

Democratic House leader Joanna McClinton claimed the title of majority leader this month after Democrats won 102 out of 203 House races in November. Controlling the majority party would give her the right to set a date for the special elections, and she chose Feb. 7.

But Republicans counter that vacancies in the 32nd, 34th, and 35th districts mean Democrats have just 99 legislators to the Republicans’ 101. Republicans, led by the GOP’s Bryan Cutler, have issued “writs of election” that would push back the date for the 34th and 35th special elections to the May 16 primary.

Rep. Tony DeLuca died in October, after ballots had been printed and the legal deadline for substituting candidates had passed, but voters in the 32nd district still reelected him in November. Rep. Summer Lee was reelected in the 34th District, but she resigned from that seat in order to serve in the U.S. House; similarly, Rep. Austin Davis resigned from 35th district after being simultaneously elected as Pennsylvania lieutenant governor.

Over the weekend, Democrats chose attorney Abigail Salisbury to run for the 34th House district. Salisbury ran against Lee for the seat last spring but lost.

Democrats also chose Matt Gergley to compete for the 35th District seat vacated by Davis. Gergley’s brother represented the district before Davis but left under an ethics cloud.

Republicans picked retired police officer Robert Pagane to face Salisbury, and Don Nevills to compete with Gergley. Nevills ran for the seat but lost this fall.

The GOP also picked pastor Clayton Walker to seek the 32nd district, while Democrats picked Joe McAndrew last weekend.