Pennsylvania Supreme Court Upholds Ban on Most Types of Fusion by 4-3

Posted on by June 16, 2019

On June 5, the Pennsylvania Supreme Court upheld a state law that does not permit unqualified parties to engage in fusion with qualified parties. Working Families Party v Commonwealth of Pennsylvania, 34 EAP 2017. Pennsylvania does permit the nominees of parties that nominate by primary to engage in fusion with each other. The Working Families Party sued, saying that equal protection should permit unqualified parties to also engage in fusion with a party that nominates by primary. Here is the decision.

The vote was 4-3. Justices David Wecht and Debra Todd, both Democrats, each wrote dissents. Justice Christine Donohue, also a Democrat, joined both dissents. The Wecht dissent is 35 pages, longer than the majority opinion.

Ironically, one justfication mentioned by the court was to protect unqualified parties from being forced to engage in fusion against their will. There are other methods the state could have used to solve this problem, but the court did not mention them.

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Pennsylvania Supreme Court Upholds Ban on Most Types of Fusion by 4-3 — 6 Comments

  1. Equal Free Speech and Equal Treatment
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  5. I’m sorry, but I agree with the Working Families Party on this. A party should be able to nominate whomever it wats, as long as that person is eligible for the office.

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