Hall joins congressional map dispute appealed to SCOTUS

Susquehanna County Commissioner Alan Hall has joined Pennsylvania Congressional candidates Jim Bognet and Aaron Bashir, and state voters William Toth Jr. and William Hall, in asking a federal court to block the Pennsylvania Supreme Court from choosing a congressional district map and changing the primary election calendar. The plaintiffs claim those powers are held solely by the state legislature – not the courts.

Bognet and Bashir claim suspending the election calendar causes “irreparable injury” by hindering their campaigns, according to motion for a temporary restraining order and preliminary injunction filed Feb. 11 in U.S. Middle District Court, Williamsport, with an amended complaint filed Feb. 20.

Hall claims suspending the election calendar threatens his ability to fulfill his obligations as a member of the Susquehanna County Board of Elections. When not running for office, the county commissioners also comprise the Board of Elections.

In the filing with the US Supreme Court, the suit alleges that the implementation of the Carter Plan will force Hall to conduct an election under an “unconstitutional map, in contravention of Mr. Hall’s oath of office.”

The state Supreme Court selected a congressional district map – called The Carter Plan – on Wednesday, Feb. 23 in a 4-3 vote (see story and map on page 2); and nomination petitions for congressional and statewide offices began circulating Friday and can be collected through Tuesday, March 15.

The plaintiffs’ efforts to obtain immediate injunctive relief were unsuccessful, according to an emergency application to the United States Supreme Court filed Monday.

“A belated injunction that pronounces the congressional map unconstitutional after the candidates have gathered the needed signatures and organized their campaigns in reliance on the court-selected map will lead to chaos,” reads the filing.

Candidates for Congress were to begin circulating nomination petitions on Feb. 15, with March 8 as the final day to obtain signatures.

The Susquehanna County Commissioners were asked about an Associated Press report citing that a member of the Susquehanna County Board of Elections was part of the suit. Commissioner Alan Hall answered that he was part of the lawsuit and did not provide any further comment at the meeting.

Hall also declined to comment on the lawsuit on Monday but stressed it was himself as an individual – not the county – that is part of the lawsuit.

The plaintiffs are asking the court to “order state officials to adhere to the General Primary Election calendar that the legislature enacted – as the Constitution requires” and called the PA Supreme Court’s suspension of the calendar an “unconstitutional edict.”

On Friday, Feb. 18, the PA Supreme Court heard oral arguments on the drawing of a new congressional map for this year’s elections, but the request for the temporary restraining order also calls that “flatly unconstitutional,” citing the state’s elections clause that says the legislature must “prescribe” the manner of electing representatives, holding that the PA General Assemble did not authorize the state’s courts to draw the maps or participate in the redistricting process.

The plaintiffs’ request puts forth that a remedy is already contained in the state’s code and calls for representatives to be elected from the state at large.

The request for injunction filed in federal court stated that Hall, as a member of the election board, is unable to prepare for the upcoming May primary and would interfere with Hall’s ability to comply with military and overseas absentee voting requirements.

The plaintiffs are represented by Jonathan Mitchell of Mitchell Law PLLC, Walter Zimolong III of Zimolong LLC, and Gene Hamilton, vice president and general counsel of the America First Legal Foundation.