Can an MDJ cross-file at primaries, and then file third-party in November?

**MDJschool** · January 6th, 2011, 07:37 AM

Let's say a pro-gun kind of guy is looking into running for MDJ, so we can keep this thread in the PA subforum.

The potential candidate will be a continuous resident of his magisterial district for over 1 year as of Nov. 1. To be elected (and I don't know the extent of that term), "Qualifications of Justices, Judges and Justices of the Peace
Section 12. (a) . . . Other judges and justices of the peace, for a period of one year preceding their election or appointment and during their continuance in office, shall reside with their respective districts, except as provided in this article for temporary assignments."

Does a future judge need to reside continuously for one year preceding election in a primary, or does he just need to be a resident of one year by the time he is elected in fall?

Can a judge cross-file in the primary and file a third-party candidacy in the fall regardless of whether he wins any or all of the primaries?

If anyone can direct my reading, thank you. Otherwise I will post answers as I find them.

**MDJschool** · January 6th, 2011, 07:55 AM

Originally Posted by FFEMT128

I'm not 100% certain, but I believe you would need to be a resident in your district for one year as of the date of the primary. You could confirm this by calling the boarrd of elections in your county or the state board of elections.

I believe the following already resolves that question. "as of the beginning of the term of office for which the candidate runs" indicates to me that residency of 1 year counts back from at least the election date, if not the installment date.

42 Pa.C.S.A. § 3131
(a) Judges and magisterial district judges generally.-- . . . [M]agisterial district judges shall be elected for a regular term of office at the municipal election next preceding the commencement of their respective regular terms of office by the electors of this Commonwealth or the respective districts in which they are to serve. A candidate for judge or magisterial district judge shall not be placed upon a ballot in any primary or municipal election unless that person will meet the qualifications set forth in section 3101 (relating to qualifications of judicial officers generally) as of the beginning of the term of office for which the candidate runs.

**MDJschool** · January 6th, 2011, 08:17 AM

Originally Posted by MDJschool

Can a judge cross-file in the primary and file a third-party candidacy in the fall regardless of whether he wins any or all of the primaries?

Is the ability to cross-file in a primary dependent upon first being registered to one of the two major parties? If not, is there a sore-loser/happy-winner distinction to get on the ballot as non-affiliated along with, for wins, and in lieu of, for losses, in primaries (RE: In re Zulick, 832 A.2d 572 (Pa.Cmwlth 2003))?

**FFEMT128** · January 6th, 2011, 08:43 AM

I'm not 100% certain, but I believe you would need to be a resident in your district for one year as of the date of the primary. You could confirm this by calling the boarrd of elections in your county or the state board of elections.

**MDJschool** · January 6th, 2011, 08:44 AM

Is one who cross files required to get the number is signatures as required for the party in which he files, or the party/body in which he is registered?

**MDJschool** · January 6th, 2011, 08:46 AM

Originally Posted by FFEMT128

I'm not 100% certain, but I believe you would need to be a resident in your district for one year as of the date of the primary. You could confirm this by calling the boarrd of elections in your county or the state board of elections.

I believe the following already resolves that question. "as of the beginning of the term of office for which the candidate runs" indicates to me that residency of 1 year counts back from at least the fall election date, if not the installment date.

42 Pa.C.S.A. § 3131
(a) Judges and magisterial district judges generally.-- . . . [M]agisterial district judges shall be elected for a regular term of office at the municipal election next preceding the commencement of their respective regular terms of office by the electors of this Commonwealth or the respective districts in which they are to serve. A candidate for judge or magisterial district judge shall not be placed upon a ballot in any primary or municipal election unless that person will meet the qualifications set forth in section 3101 (relating to qualifications of judicial officers generally) as of the beginning of the term of office for which the candidate runs.

**Big Kahuna 19547** · January 6th, 2011, 09:10 PM

If you are cross filing, you will need petitions with the appropriate party member signatures for every party in which you intend to cross file. (i.e. Democrat or Republican) I would urge you to pay for the political affiliation lists that cover your geographic area. You'll be amazed how many people will lie to you about their party affiliation, or whether they are registered.

Each signer may sign petitions for as many candidates for each office as he/she is permitted to vote for and no more.
No nominating petition requiring a filing fee will be accepted for filing unless it is accompanied by the filing fee.
The top portion of the petition must be filled out prior to obtaining any signatures.
Type or print the name of the candidate on the face of the petitions exactly as you wish it to appear on the official ballot. If a married woman is proposed as a candidate her first name must be used on the petition; e.g., Mary Jones and not Mrs. John Jones. Nicknames are allowed only if they are a derivative of the legal name given. If you wish to have your name printed on the ballot other than your given name, you must have completed an Affidavit for Ballot Name Change Request, have it notarized and attached to your petition.
Make certain that each signer and circulator of a petition is a Registered and Enrolled Member of the Party Referred to in the Petition.
Each signer must personally insert the information concerning residence and date of signing. Each signer should list his/her address exactly as it appears on his/her registration affidavit. In the case of those electors having a rural route or RD number, the township must be listed. The date of signing may be expressed in numbers or words; e.g., February 16, 2010 or 2/16/2010. The given name of a married woman must be used by signer; e.g., Mary Jones not Mrs. John Jones. A candidate may sign his own petition.
No ditto marks are permitted on petitions. Any signature containing ditto marks will be disallowed.
Be sure the proper office title is set forth in your petition, including the term of office.
The candidate's affidavits that appear on the back of the petition must be signed and notarized. The circulator's affidavit must not be signed and notarized until after the petition has been circulated. A candidate may circulate his own petition.
Candidates for District Judge who choose to cross file cannot have the same person circulate both party petitions. The circulator must be an enrolled member of the party indicated on the front of the petition.
A petition for offices requiring a statement of financial interest will not be accepted unless a copy has been attached to the petition.

As far as third party chances: Pennsylvania election code has requirements for third-party candidates that differ from the requirements for Democrats and Republicans. Third-party candidates in Pennsylvania, cannot cross file like Republican and Democrat can. To cross file, candidates have to receive a party's endorsement in the primary, and only the two major parties have primaries aka Democrats and Republicans.

So if you miss out on the two big parties endorsements in the primary then I personally don't see a big shot of success in the fall election... If your going down this road, get a good campaign manager, get those lists and get a crew of true friends to knock on doors every night and spread the word. You also need to be out there and make sure you show up at the fire house breakfasts etc... not just now but every time until you retire. Best thing is to beat them all in the primary then you are the choice in November. Good Luck...

**MDJschool** · January 7th, 2011, 05:14 AM

Originally Posted by Big Kahuna 19547

As far as third party chances: Pennsylvania election code has requirements for third-party candidates that differ from the requirements for Democrats and Republicans. Third-party candidates in Pennsylvania, cannot cross file like Republican and Democrat can. To cross file, candidates have to receive a party's endorsement in the primary, and only the two major parties have primaries aka Democrats and Republicans.

In my reading, a third party elector can cross-file under both D and R at a primary but cannot sore-loser as a third party candidate later. I have not come to a conclusion as to whether there is a "happy-winner" prevention to getting on the fall ballot as nonaffiliated after winning one or more 2-party primaries. An elector under any party can cross-file and withdrawl by whatever deadline and then file to access the ballot under a political body for the fall. "Political Party and Politicial Body" candidates cannot cross-file into other parties included D and R.

I assume the above is a restatement of your quote and not contrary to any of it, and in that case I understand.