Both sides reach pact in Tredyffrin MDJ race

WEST CHESTER >> Attorneys for the two candidates running for the magisterial district judge position in Tredyffrin and East Whiteland have reached an agreement that will allow one of them to remain on the Republican Party ballot in the May Municipal Primary.

The terms of the pact, announced Thursday in a hearing before Common Pleas President Judge Jacqueline Carroll Cody, are that challenges to nominating petitions filed by GOP candidate Elizabeth “Liz” Mercogli-

ano that sought to have her stricken from the Republican ballot would be withdrawn. In exchange, Mercogliano would agree to pull her name from the Democratic Party’s ballot.

The move would leave incumbent Magisterial District Judge Analisa Sondergaard the only candidate for the position to appear on both the Democratic and Republican ballots. Candidates for judicial office are permitted to cross-file and garner support from registered voters from both political parties.

Attorney Sam Stretton of West Chester, who represented the three voters who filed the challenges to Mercogliano’s petitions earlier this week, and attorney Ryan Jennings of the West Chester firm of Buckley, Brion, McGuire & Morris of West Chester told Cody of the arrangement, rendering moot a hearing she had scheduled to hear the challenges.

Stretton said in an interview prior to the hearing that of the two petitions he had filed, the one challenging Mercogliano’s attempt to have her name placed on the Democratic Party’s ballot in May was the stronger of the two. It had contended that enough signatures of voters Mercogliano had included on her nominating petitions for that party were invalid to have her deemed ineligible.

“Our challenge to her Republican nomination was more an intellectual one, rather than a signature challenge,” he said. “It could have gone either way, so we decided to accept” Gill’s offer having Mercogliano drop her name from the Democratic ballot.

Mercogliano is still capable of waging a writein campaign on the Democratic

“Our challenge to her Republican nomination was more an intellectual one, rather than a signature challenge. It could have gone either way, so we decided to accept.” — Sam Stretton, Attorney

Party side, although such attempts are often unsuccessful. Neither candidate attended the brief proceeding.

In their petitions, all three district voters had alleged that Mercogliano had violated sections of the state’s Standard of Conduct for Magisterial District Judges involving whether candidates for such positions can hold political office while running and whether they can directly solicit campaign funds from supporters. In both cases, the petitioners contend candidates are not permitted to do either.

In the challenge filed by the GOP voter, John R. Jandrasits of Tredyffrin, it is alleged that Mercogliano held a seat on the Tredyffrin Republican Committee as a committee member while she was circulating petitions for inclusion on the May ballot. He attached a copy of an undated web page for the committee showing Mercogliano as being the current female committee member for the West-2 ward in the township.

He cited Rule 4.1 (a) of the state law concerning conduct by magisterial district judges prohibiting judicial candidates from holding a party office “during the pertinent times of circulating the petition and at the time of filing the nominating petitions.” He alleged that Mercogliano’s nominating petitions were filed on March 6 and 7.

Jandrasits also alleges that Mercogliano personally solicited money for her campaign on social media and through personal email, and that she cited a political committee that did not exist as recently as last week. The petition states that judicial candidates cannot ask for or raise campaign funds directly, and that Mercogliano by allegedly doing so was in violation of Rule 4.1 (a) (7) of the code of conduct.

As of Wednesday, the Tredyffrin GOP Committee’s website no longer lists Mercogliano as being the W-2 committeewoman. It instead lists the position as vacant. Her Twitter account, @citizensforliz, however, still has a notice of an upcoming fundraiser at Devon Bowling Lanes on April 6.

In the challenge filed by Democratic committee members Kathleen Keohane of Tredyffrin, the Tredyffrin Democratic Chairwoman, and Robert Eshleman of East Whiteland, a committee member, the allegation about Mercogliano’s violations of the state Stand of Conduct are included, as well as allegations that 39 of the 136 signatures on her Democratic nominating petitions are invalid.

The signatures came from either registered Republicans, who are not permitted to sign Democratic petitions, or have addresses where no current voter is registered, the pair allege. If the 39 signatures are stricken from the petitions, Mercogliano wold fall below the threshold of 100 signatures needed to be listed on the Democrat ballot.

To contact staff writer Michael P. Rellahan call 610-696-1544.