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TOM GRALISH / Staff Photographer
Carl Romanelli, on the phone in Wilkes-Barre, must pay what it cost his opponents to force him off the ballot during the ’06 Senate race.
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Twice a loser in Pa. 2006 Senate race

He may have been starry-eyed, but he wasn't a fool.

Carl Romanelli, a divorced father of two grown sons from Wilkes-Barre, knew that as the Green Party candidate for the U.S. Senate in 2006, he'd have a hard time beating the big boys in the race: Republican incumbent Rick Santorum and Democrat Bob Casey. But he hoped to focus on his issues: an end to the Iraq war, health insurance, the rights of women and gays.

He did not foresee that, first, he'd get knocked off the ballot and, three years later, both he and his lawyer would be facing a $80,407 bill for the expenses incurred by foes who challenged Romanelli's nominating petition.

An election expert says this is only the second time in U.S. history that a candidate has been assessed the cost of efforts to remove him from a ballot.

After lengthy appeals, Romanelli may have run out of options. The state Supreme Court refused on Oct. 17 to reopen the case and ordered him to pay immediately.

Romanelli, 50, who works in the office at a locomotive repair shop, said his experience should make anyone think twice about running for office.

He doesn't know how he'll pay, he said:

"I make about $40,000 a year. I don't own a home. I don't have stocks and bonds. I still owe money on my car."

The 2006 Senate race in Pennsylvania was one of the most closely watched in the country.

Santorum, seeking a third term, had a target on his back. In Casey, the Democrats had put up their top candidate. Two years earlier, winning a second term as state treasurer, Casey had gathered the most votes in Pennsylvania history - 3,353,489.

The major-party candidates needed only 2,000 voter signatures to get on the ballot. But a minor-party candidate, such as Romanelli, has to meet a much higher standard of electoral credibility.

The candidate has to obtain a number of signatures equal to 2 percent of the votes received by the most popular candidate in the last statewide election.

Ironically, that was Casey, in his treasurer's race. Because of the historic size of Casey's victory, Romanelli needed to obtain a record 60,070 signatures.

As he set out going door to door, the task seemed impossible. The Green Party had volunteers who could help, but not enough.

Other eyes, however, were on his effort. The political calculus was that if Romanelli could get on the ballot, he might grab some liberal votes from Casey. In a tight election, that might tip the result to Santorum.

So the Republicans helped Romanelli. Donors from around the country contributed funds to his effort. He was able to hire a company to help him gather signatures. In the end, by his count, he collected 99,802.

He figured that was far more than enough.

As the yards-tall petition landed with a thud at the Pennsylvania Department of State, the Democrats were planning their countermove.

They pored over Romanelli's papers and concluded that many of his signatures were not valid under Pennsylvania's tight election rules.

Some of the signers appeared not to be registered voters. Others had changed addresses, but had not reregistered at their new homes.

Some, too, had signed their names the wrong way. If you're registered as Abraham Lincoln but sign as Abe Lincoln, your signature can be ruled out. The name has to be the same as on the registration form.

The Democrats challenged Romanelli's petition in Commonwealth Court.

Day by day, for six weeks starting on Aug. 14, the two sides sat with court officials in Harrisburg and went over suspect names on computers. Thousands, then tens of thousands, were struck out.

When the remaining number dropped below the 60,070 threshold, Senior Judge Michael R. Kelley judge signed an order:

Romanelli was gone from the ballot.

That might have been the end of the case, except for one thing.

As the winners, the Democrats asked the judge to require Romanelli to reimburse them for legal costs.

Judge Kelley wasn't happy with Romanelli and his lawyer, Lawrence M. Otter, of Perkasie, Bucks County, to begin with. With the election looming, he said, they had dragged their feet in going over signatures and had defied court orders aimed at speeding the process. Their conduct had "crossed the line into bad faith," he said.

Kelley later ordered Romanelli to pay the $80,407. Otter also got stuck with the bill, in whole or in part.

Richard Winger of California, publisher of Ballot Access News, which tracks third-party efforts to gain ballot access, said only former presidential candidate Ralph Nader had ever run into the sort of costs imposed on Romanelli.

After being struck from the Pennsylvania ballot for a shortage of valid signatures in 2004, Nader was ordered by a Commonwealth Court judge to pay $81,102.

Last Friday, the Pennsylvania Supreme Court refused to reconsider the order against Nader, also perhaps bringing that case to an end.

Barry Kauffman, of Pennsylvania Common Cause, said his public-advocacy group has pushed for a loosening of the stiff requirements for a third-party candidate to get on a ballot.

"If [Romanelli] did not have the signatures to be on the ballot, the law is the law," Kauffman said. "But at some point, the punishment has to fit the crime."

In July 2008, not quite two years after the Senate election - which Casey won - Romanelli woke up to a story in the newspapers that stunned him.

The state Attorney General's Office, in the Bonusgate indictments, had charged several Democratic employees of the state House with doing political work on government time. Some of that political work allegedly had been identifying bad signatures on Romanelli's petition.

Romanelli and Otter tried to appeal the $80,407 payment order on the argument that it was the Democrats, not they, who had showed the bad faith.

The courts turned them down.

Otter said Romanelli isn't the only one who can't pay the bill. He said he can't either.

At age 61, sitting in the dinette of a comfortable house in a comfortable suburb, he looked the picture of suburban affluence. But he said that his one-man law practice hadn't made money in the last two years - and wouldn't this year, either.

He said he and Romanelli had not even discussed who might pay how much of the money they owe jointly. The point, he said, is moot.

"I got whacked," he said. "For what? For defending somebody?"

Over a plate of fried fish in a diner near Wilkes-Barre, Romanelli said he'd always wanted to run for office. He'd been involved in local politics for years. But he hadn't been on a ballot since his 20s, when he ran as a Democrat for prothonotary of Luzerne County.

He still had the palm card he gave to voters in 1981. It showed him in a wide-lapel suit with a massive cloud of black hair.

His hair is receding now.

He tries not to be nervous about what could happen in his case. The lawyer for the Democrats sent an e-mail this week to a lawyer now representing both him and Otter. In it, he proposed a "reasonable resolution" of the payment amount, but also warned: "This is a very serious situation and may involve a contempt-of-court order."

In a court paper he himself wrote in May, Romanelli called the $80,407 "cruel and unusual punishment for a candidate simply attempting to run for office and to speak to issues."

He said at the diner: "I don't think I should be criminalized for that."

 


Contact staff writer Tom Infield at 610-313-8205 or tinfield@phillynews.com.

 

Comments   
Posted 07:29 AM, 10/30/2009
meteo30
This is a bad joke.
Posted 10:41 AM, 10/30/2009
smendler
Please contact Senator Casey and urge him to intervene.
Posted 10:57 AM, 10/30/2009
djmatt
I was a volunteer for the Green Party in that court case and a paid employee from Casey's office told me that they were doing this specifically to LIMIT OUR ELECTORAL CHOICE. I do not forgive the Democrats for that and I will never give them my "lesser of 2 evils" vote like they tried to force me to do.
Posted 11:17 AM, 10/30/2009
smendler
And for that matter, let's get Gov. Rendell to intervene as well.
Posted 11:19 AM, 10/30/2009
smendler
Also, we need the Voters Choice Act to be passed - that would make ballot access easier and fairier, and keep this kind of debacle from happening again.
Posted 12:19 PM, 10/30/2009
rpeters
I too was a Green Party volunteer for those weeks and many of the signatures that were marked by Dem's/Casey's PAID workers as 'not found' in the SURE voter registration system WERE FOUND by us - but were not allowed to be reinstated, although we were told they would be. Why then did we bother doing all that checking? One of the discarded signatures was another Green Party candidate who lived on a corner in Philly and in the SURE system the address was listed as the other street. Her sig was discarded. The SURE system was full of inconsistencies: numbered streets as "second" or "02" or "2" or "2nd"; signatures were missing or only partially showing; wrong signatures showing (a totally different name); old address (there is no requirement for updating address in a timely manner)... all of which were discarded. Using that system, as it was then, one could technically eliminate thousands and thousands of legitimate signatures. And apparently charge the 'victim' candidate for the costs. It was (still is) very wrong, and needs to be fixed (Voter's Choice Act). Romanelli is a victim and should not be held responsible for those costs. His ordeal has scared off many good third party candidates, and the voters have limited choice.
Posted 02:50 PM, 10/30/2009
Fascinated
While I'm certainly not a supporter of the Green party, this whole circus simply turns my stomach. The fact that Casey and the Democratic Party are pursuing this effort to discourage anyone from forming a third party is simply another indication of their basic dishonesty and disregard of the wishes of the voters.
Posted 04:21 PM, 10/30/2009
johduk
Its amazing how corrupt our government is.
Posted 05:04 PM, 10/30/2009
daveschwab
The second time in US history that a candidate has been fined for being kicked off the ballot... and the first was also in Pennsylvania. That helps to explain why PA is the only US state ever cited in the annual Helsinki Report of voting rights for its anti-democratic laws. Even if you look past the staggeringly "separate but equal" signature requirements and the fact that Democrats in state government were illegally getting taxpayer-funded bonuses to target Romanelli, the stubborn attempts of the PA courts to bankrupt this man for the crime of trying to run for office are outrageous. What's next - will they throw him in jail, or simply ban him from taking part in politics? No matter your political affiliation, anyone who cares about democracy should recognize this as an injustice. PA is now known as the state where judges trade kids for cash and the state persecutes citizens who try to run for office. My advice is to do something about it, while you still can.
Posted 05:58 PM, 10/30/2009
EVA9601
Shame the signatures could not be electronic somehow, so if they used a nickname as long as they were identified , it would be no big deal. This just proves what a racket politics is and with more transparency, it should weed out some of this baloney and give the average guy a shot.
Posted 12:19 AM, 10/31/2009
EdG
I was also a Green Party volunteer for parts of those weeks validating those signatures. What happen behind those closed doors of our State Government was nothing short of what appeared to me as possibly criminal, especially now in the light of the news about bonusgate. Committed against the very principles we once believed we all held true as our right to democracy. Rights that I held true then as a Registered Republican Voter. This news article does not begin to tell what was experienced as a group of ordinary people tried to defend that Right against a group of paid professionals in showing that those signatures were or were not valid and collected in good Faith. There is no doubt in my mind that there had been enough valid signatures, collected honorably and well over the required amount legitimately and legally to have placed Mr. Romanelli on the ballot. Signatures from both registered Republicans and Democrats alike. No matter what you and I are being lead to believe in the reporting of this ongoing American tragedy. You would of needed to be there then to understand what I am knowing now. I often wonder since then what would of had been the reactions of those thousands of Republican and Democratic registered Voters that if they knew that their signatures had became invalid. If they knew individually, after they had taken the time to stop and sign those petitions, that they did not count! What they would say to realize that the system failed, their government failed and those that they had elected to protect those principles they believed True failed! This all goes beyond the obvious of what party I or You are registered with, what party won, what party out maneuvered the other, who was on the ballot, who was not and even Bonusgate. This is about it continues! Are you next?
Posted 12:19 AM, 10/31/2009
EdG
I was also a Green Party volunteer for parts of those weeks validating those signatures. What happen behind those closed doors of our State Government was nothing short of what appeared to me as possibly criminal, especially now in the light of the news about bonusgate. Committed against the very principles we once believed we all held true as our right to democracy. Rights that I held true then as a Registered Republican Voter. This news article does not begin to tell what was experienced as a group of ordinary people tried to defend that Right against a group of paid professionals in showing that those signatures were or were not valid and collected in good Faith. There is no doubt in my mind that there had been enough valid signatures, collected honorably and well over the required amount legitimately and legally to have placed Mr. Romanelli on the ballot. Signatures from both registered Republicans and Democrats alike. No matter what you and I are being lead to believe in the reporting of this ongoing American tragedy. You would of needed to be there then to understand what I am knowing now. I often wonder since then what would of had been the reactions of those thousands of Republican and Democratic registered Voters that if they knew that their signatures had became invalid. If they knew individually, after they had taken the time to stop and sign those petitions, that they did not count! What they would say to realize that the system failed, their government failed and those that they had elected to protect those principles they believed True failed! This all goes beyond the obvious of what party I or You are registered with, what party won, what party out maneuvered the other, who was on the ballot, who was not and even Bonusgate. This is about it continues! Are you next?
Posted 02:47 PM, 10/31/2009
ebbortz
A friend of mine thought that my characterization of the injustice in Harrisburg against Carl Romanelli was too strong. After spending nearly 6 weeks in the "situation room" in Harrisburg as a Green Party volunteer, I characterized it as a kind of "torture." How else can we describe Democratic Party lawyers brow-beating and at times screaming at the Green volunteers? And what about the flagrant disregard of democratic process when told by the court that "time was up" and that no further signature review could continue? What about the unjust RULES imposed by Commonwealth Court on the review process (more on this in my article: http://ebbortz.blogspot.com/2006/11/green-roots-harrisburg-blues.html)? The Casey machine and the PA Democratic Party had millions of dollars in its coffers to conduct an honest, transparent campaign for the office...their choice instead was to fight the Green Party's right to be on the ballot...and their method of coersion, threats, and fines...well if you don't like the word "torture"...come up with your own term. Carl Romanelli is not a two-time loser...he's a hero in the fight for democracy.
Posted 01:01 AM, 11/01/2009
Natalia Martinez
What a total OUTRAGE. There are so many fronts to this war... We desperately need election reform, but in the meantime, we have to play hard and take care not make any mistakes next time around - not give them ONE SINGLE OUNCE of ammunition against us.
Posted 01:17 PM, 11/13/2009
EdG
Natalia... see I don't think you get it! Sorry to put it that way, yet you need to understand the system and the rules that were set up in that situation room. First, the SURE System was corrupt! So you see if even anyone was perfect in collecting signature, the system is set up to FAIL them! These possible bonusgate employees knew that from the get go. So the tragedy is that this story is not what you read or even what you may think is the obvious. You don't get it. No one gets it, unless you were there. I will agree, yes it is an outrage! Someone wishes to run for office and instead everything in twisted all around and used against them in a court of law, and now we find out funded possibly with BONUSGATE! I guess I would not get it either if I was not there and read that someone is a two time loser. I was there and if I wrote this article, I would of titled it... TWO TIME VICTIM! Here is one last thought. What do you think would happen if you filled a room up with ordinary people, some traveling great distances, every day, for 6 weeks, all day, some with very little time ever even setting in front of a computer, some never, all volunteer and put them against trained employed paid professionals to defend a person's right to be on the ballot, do you think they have a fair chance? This is what happen and they did an amazing effort trying and that is what amazes me. What else amazed me was that these people were just not green party, they were from all parties that believed in our right to a democracy!
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