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[ Thursday, April 8, 2004 ]

Benninghoff's name will remain on ballot

Collegian Staff Writer

The state Supreme Court ruled to overturn the Commonwealth Court decision that removed state Rep. Kerry Benninghoff, R-Centre, from the April 27 primary ballot.

This decision comes on the heels of a decision by the State Ethics Commission that Benninghoff, along with state Reps. William Gabig, R-Cumberland, and Chris Ross, R-Chester, had not violated election codes in their nomination papers.

"We really did what we were supposed to do," Benninghoff said. "I don't know how they could rule against us. For me, I'm going to be positive and be thankful that there is an appeal process."

In the 2-1 Commonwealth Court decision last month, Judge Dan Pelligrini wrote that the three representatives had violated election code by not listing their incomes as state legislators under block 10 of the statement of financial interests.

Pelligrini ultimately allowed the representatives to stay on the ballot until the cases were appealed to the state Supreme Court.

On April 4, the State Ethics Commission, on an order from the state Supreme Court, held a public meeting to consider the issue. The commission then issued an opinion stating that Benninghoff's lack of information on the nomination papers did not warrant removal from the ballot because the Public Official and Employee Ethics Act excludes governmentally mandated payments from the definition of income.

"Frankly, I think the Commonwealth Court was wrong. Ironically, the chair of the Commonwealth Court filled out the form the same way we did. I'm pleased that the Supreme Court asked the ethics commission to review this," Benninghoff said.

Vince Dopko, chief counsel for the ethics commission, said in his 17 years with the ethics commission, this is the first time a case of this nature has been before the ethics commission on a directive by the state Supreme Court.

Benninghoff said there are many other matters facing the judicial branch.

"I'm sorry to see our court system tied up with a case that should have never gone to court. Some kind of silly political shenanigans is taking up the court time," he said.

Before the order to reverse the Commonwealth Court's decision, Centre County Bureau of Elections made the decision to print ballots containing Benninghoff's name.

Joyce McKinley, director of elections for Centre County, said the elections bureau was forced to make a decision about the ballots because of the short time frame.

"We had no inkling of what would happen [in the court case]," she said.

 



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