Tony Payton And The Democratic Voters Of The 179th Legislative District V. Emilio Vazquez And 20 Democratic Voters And Electors
Oct 25, 2006OUTCOME: Payton is the State Rep in the 179th
On May 16, 2006, primary elections were held throughout Pennsylvania, including for State Representative in the Pennsylvania General Assembly. Tony Payton was the lone, duly registered Democratic cand ... idate for State Representative for the 179th District (i.e., for Philadelphia County). Payton duly ran for the Democratic candidacy for State Representative in that primary election. Payton was listed on the ballot as number 13, appearing immediately below box number 12, which was completely covered by a sticker stating Removed by Court Order. Numerous write-in campaigns were launched in the 179th District, including one for Emilio Vazquez by Margaret Tartaglione, Tina Tartaglione, and Carlos Matos. Payton received 947 election machine votes at the May 16th Primary Election. There were also a total of 976 write-in votes, 51 provisional ballots, 18 absentee ballots, and 2 alternative ballots cast in the May 16th Primary Election. There were a total of 60 eligible Democratic voters who signed the book and were allowed to cast votes in the 19th Division of the 23rd Ward. After the election, and pursuant to the Election Code, a hearing before the Philadelphia County Board of Elections was commenced on May 19, 2006. A review of the write-in votes revealed numerous blank entries, illegible names, and names other than Emilio Vazquez. The Commissioners reviewed the 976 write-in votes and determined that 48 should not be counted for Emilio Vazquez. On May 31, 2006, the Commissioners determined that Payton received a total of 962 votes (one alternative, eight absentee, six provisional, and 947 voting machine), and that Vazquez received a total of 943 votes (one alternative, five absentee, ten provisional, and 927 voting machine write in votes). Thus, the Commission found Payton earned a nineteen vote victory over Vazquez. On June 5, 2006, Appellees Vazquez and Democratic Voters Of The 179th Legislative District, by and through their Counsel, Ralph Teti, filed a Petition in the Court of Common Pleas, contesting the election and Democratic nomination of Payton as State Representative in the 179th Legislative District. In their Petition, Appellees requested that 52 write-in votes in the name of Emilio Vazquez for Ward Committee Person in the 23rd Ward, 19th Division be moved and counted for Emilio Vazquez for State Representative in the 179th District. There is, however, a fundamental problem with the relief requested by Vazquez, which was ultimately granted by the Trial Court. There were only 60 voters who voted in the 179th Legislative District for State Representative. Counting 52 write-in votes for Emilio Vazquez for State Representative, while simultaneously maintaining the 20 machine votes for Payton, creates an anomaly of more votes -- 72 -- than voters -- 60. Thus, if Vazquez was granted the relief requested in his Petition, the total number of votes for the 179th Legislative District State Representative exceeded the number of signed-in, eligible democratic voters. Despite the foregoing anomaly, on September 14, 2006, the Honorable C. Darnell Jones, II, President Judge, entered an Order and Opinion moving the 52 write-in votes for Emilio Vazquez for Ward Committee Person in the 23rd Ward, 19th Division to be counted for Emilio Vazquez for 179th Legislative District State Representative, thereby bringing the total number of votes for the 179th Legislative District State Representative Office to 72, exceeding the number of eligible votes. The trial courts ruling, therefore, allowed some voters to cast two votes for the same office. The Pennsylvania Supreme Court affirmed the Commonwealth Court's overruling of Judge Jones' Order. Shortly thereafter, Tony Payton, Jr. was confirmed as the 179th District's State Representative.
