BETHLEHEM, Pa. – Green Party congressional candidate Andrew Tupone is facing two separate legal challenges to bar him from the November ballot, including a petition from the Green Party.
The Green Party of Pennsylvania previously disassociated itself from Tupone, saying he is not a member in good standing and that he appeared to be "a nice Republican."
But in a court petition filed Monday, the party argued Tupone tricked supporters in Pennsylvania's 7th Congressional District by affiliating himself with a political movement he has no ties to. It's asking the Commonwealth Court of Pennsylvania to either kick Tupone off the ballot or require him to identify himself as a member of another party.
"Candidate Tupone and his agents or affiliates who circulated his nomination papers misled voters into signing the nomination papers on the mistaken belief that they were helping to place a candidate supported by the Green Party onto the ballot," the petition reads.
Meanwhile, three Lehigh Valley residents – Joyce Moore, a former Upper Milford Township Supervisor; Louise Dillensnyder of Emmaus; and Susan Baranek, a member of the Lehigh County Democratic Committee's executive board – are presenting a more traditional challenge.
Technical errors with Tupone's petition should disqualify thousands of signatures that Tupone filed last week, the women argue. The Pennsylvania Department of State said third-party candidates needed to collect 4,074 valid signatures of local voters to run in Pennsylvania's 7th Congressional District. Tupone submitted 10,586 signatures, according to court records.
Contentious from the start
Tupone, of Bethlehem Township, has drawn stern rebukes from Democrats and the Green Party since formally announcing his campaign late last month. Democrats contend Tupone, who previously ran for magisterial district judge as a Republican, is a plant by dark money groups seeking an advantage in the congressional race.
The 7th District is one of the most contested U.S. House campaigns in the country. The last three elections have been decided by less than 3 percentage points. The presence of a third-party candidate, even an uncompetitive one, could tip the scales of the race.
The November election pits Republican incumbent Ryan Mackenzie against Democratic challenger Bob Brooks. The district represents Carbon, Lehigh and Northampton counties plus a sliver of Monroe County.
The Brooks' campaign and the Green Party have noted that Tupone switched his party affiliation to the Green Party at the last possible moment to legally run as a Green in the District 7 election. They have also questioned his ability to collect so many signatures without a paid, professional staff. He has not disclosed any financial support to date and will not need to for months.
Tupone has denied having any ulterior motive to enter the race or accepting financial assistance from any outside groups.
"Why are the establishment Democrats and Bob Brooks so afraid of my candidacy?” Tupone asked in a prepared statement. “I’m running to fight for universal health care, to end the genocide in Gaza, and to stand up to the
uniparty that continues to put political insiders ahead of working people.”
He did not immediately respond to a press request addressing the Green Party's challenge to his candidacy.
Pennsylvania's tiered political classes
Pennsylvania state law creates two classes of political parties. The largest parties are entitled to hold publicly funded primaries where registered party members can select their nominees. As a result, Democratic and Republican candidates can collect signatures to make the primary ballot.
Third-party candidates need to collect more signatures but don't go through the primary system. Instead, they have a later due date and, if they collect the necessary amount of support, advance directly to the general election.
The Green Party contends this set up has allowed an outsider to game the system. Tupone, it argues, is not a true member of the party but has co-opted its name to cash in on its public standing.
The system, it argues, violates the Green Party's First Amendment right to freedom of association. In this case, it argues, that includes the freedom to disassociate itself from Tupone.
"This court should reject candidate Tupone's forced association with the Green Party and set aside his nomination papers or, in the alternative, enjoin him from using the name of the Green Party on the ballot," the petition argues.