SCRANTON, LACKAWANNA COUNTY (WBRE/WYOU)— A court hearing was held at the Lackawanna County Courthouse to hear arguments from both sides regarding the empty commissioner's seat.
28/22's Connor Coar has new updates on this litigation.
A three-judge panel listened to arguments from the Lackawanna County Democratic Committee and the Board of Elections.
The Democratic Committee is looking to appoint Brenda Sacco to fill out the remainder of the term.
This comes after former Commissioner Matt McGloin officially resigned back in March.
The Democratic Committee believes Sacco should fill the seat for the remainder of the term until 2027, but the Board of Elections says that the Home Rule Charter dictates that the appointment would only be to temporarily fill the vacancy, not to serve the entire term.
"That appointment would only be until the next general election of an odd-numbered year, which was always November 4, 2025, of this year. So had they read the code, they read the home charter, which applies to this appointment, they would realize this is temporary," Attorney for Lackawanna County Attorney Christopher Caputo explained .
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"They've had months and months and months to make that argument. Ever since this vacancy occurred, the board of elections could have issued a special election. 55 days before an election, when no one knows who the candidates are and no one has spent a dime. How is that possibly in the public's interest?" Attorney for Lackawanna County Democratic Committee, Adam Bonin, stated.
Brenda Sacco testified on Wednesday. During cross-examination from Caputo, Sacco did say that she would take her name out of consideration for the vacant seat if there is to be a special election.
That date is just 55 days away from the date of this hearing.
"What we want to do at the earliest possible moment is, which is why we are here now, is to determine, as a matter of law, whether there can be a special election for this position or not. We don't believe that the law allows it," Bonin stated.
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"I think they tried to argue that there are several statutes applicable in this instance, and I don't think that they're correct about that, but we're gonna wait for the court to make their decision," said Caputo.
If there is a special election, Michael Cappellini from Jessup will be running as an Independent candidate.
When Commissioner McGloin resigned in March, Cappellini put his name in the running to replace McGloin, but ultimately did not get chosen.
"We are ready to go. We are 100% ready to go. All of the paperwork will be filed the second we hear from the courts. Let the litigation stay with the litigators. Let the courts decide what is realistic. Today was a powerful show of the voice of the people of Lackawanna County," commented Cappellini.
Cappellini says he has the amount of signatures needed to be placed on the ballot.
While this issue is being battled out in court, September 15 is the deadline for those wishing to run in the special election to file.
