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New candidate could upend Pa.'s high court race

The Nov. 3 general election for three open seats on the Pennsylvania Supreme Court was already shaping up as a doozy.

Paul Panepinto has an Aug. 3 deadline to get signatures.
Paul Panepinto has an Aug. 3 deadline to get signatures.Read more

The Nov. 3 general election for three open seats on the Pennsylvania Supreme Court was already shaping up as a doozy.

A Philadelphia Common Pleas Court judge appears ready to turn that race even more on its ear.

Paul Panepinto, a judge for 24 years, left the Republican Party on March 26, registering to vote as an independent. That makes him eligible to run for the state's highest court without a party label.

The race already includes three Democrats and three Republicans.

Pennsylvania doesn't make it easy for independent candidates. They must file nomination petitions by Aug. 3 with signatures from at least 16,639 registered voters to appear on the fall ballot.

Republicans and Democrats needed 1,000 signatures to get on the May 19 primary election ballot.

"I am engaged in the process of collecting signatures to appear on the general election ballot, with the help of my friends, family, and supporters across the state," Panepinto said Friday. "Obtaining upwards of 17,000 signatures is no easy task for independent candidates, but I am dedicating my efforts to doing so."

In truth, Panepinto will need far more than 17,000 signatures to stay on the ballot. Candidates typically file more signatures than needed, with the expectation that some foe will challenge the nomination petitions in court.

Consider the reaction by Rob Gleason, chairman of the state Republican Party, to Panepinto's efforts.

Gleason was dismissive, noting that Panepinto sought but did not get the GOP endorsement when he ran for the Supreme Court in 2007 and 2009 and for the state Commonwealth Court in 2011.

"I don't think Paul will make any difference," Gleason said when asked about Panepinto's impact as an independent.

As for Panepinto's nomination petitions, Gleason said, "You can bet we'll be watching that closely."

Jim Burn, chairman of the state Democratic Party, was more welcoming, noting Panepinto's conservative political positions.

An early glimpse of Panepinto's campaign materials shows he is promoting himself as "Pro-life, for family values and integrity, and guided by the U.S. Constitution."

"He comes from the Republican Party and he does have some following," Burn said. "I certainly feel that he will be a drag on the three nominees for the Supreme Court for the Republican Party."

Republicans and Democrats have good reason to consider how Panepinto could upend the race.

The seven-member state Supreme Court has been controlled for years by a Republican majority. That control is up for grabs in the general election.

At 331 years old, the state Supreme Court is the oldest appellate court in the nation. There haven't been three openings at once on the court since 1704, when the governor made appointments to what was then known as the Provincial Court.

A storm of special interest and partisan advertising is on the horizon from outside groups not connected to the candidates.

State Supreme Court races across the country have been drawing more and more outside money in recent years. Pennsylvania has the only Supreme Court race in the 2015 general election.

Joe Sterns, a political consultant working for Panepinto, is casting the judge's previous party endorsement losses as a newfound political strength.

"He's independent at heart," Sterns said. "He's not there to do anyone favors. He's there to apply the law fairly."

Panepinto is likely to focus his efforts to defeat one of the nominees.

Commonwealth Court Judge Anne Covey, a Republican from Bucks County, won the third and final spot for Republicans in May's primary. She pulled the lowest number of votes among the six winners.

Covey was endorsed by the Republican Party but received a "not recommended" rating from the state Bar Association, which said she violated a pledge to not run misleading advertisements in 2011 when she campaigned in the general election for Commonwealth Court.

Covey, in the 2011 Republican primary election, took 70 percent of the vote. Panepinto, her opponent, took 30 percent.

So Panepinto can have a rematch against Covey - if he can get on the ballot and then stay there.

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@ByChrisBrennan