Pennsylvania Supreme Court Unanimously Overturns Lower Court That Had Removed Candidate Michael Huff From Ballot

Philadelphia-resident and candidate for judge Michael Huff, represented by Willig, Williams & Davidson’s election lawyers Ryan Allen Hancock and Samuel Datlof, won a major victory at the Pennsylvania Supreme Court this week. The unanimous Supreme Court overturned a lower court’s decision that had removed Huff from the ballot.

The Philadelphia Democratic Party challenged Huff, a fellow Democrat, by claiming that he had not been “domiciled” in Philadelphia for at least a year—in other words, that he had not lived in Philadelphia for at least a year, and that he did not intend to stay in Philadelphia indefinitely. Traditionally, courts decide where a candidate is domiciled by looking at a range of factors, including where the candidate spends his time, whether he owns or rents his Philadelphia home, where he sleeps, what personal belonging are kept in Philadelphia, where his family resides, whether he owns another home to which he is more permanently attached, and any other fact indicating that he lives in Philadelphia and intends to remain here.

But according to the Party, Huff was automatically unable to live in Philadelphia because his wife lives outside of the city. The lower court agreed with the Party, relying on a nearly 100-year-old law that was never meant to apply in these circumstances. The Supreme Court, however, categorically rejected the Party’s attack on Huff, holding: “We will not apply a provision of the Election Code that so clearly does not apply by its express terms to deny a candidate of his right to run for elective office and the electors the opportunity to cast their ballot for the candidate of their choice.”

The case has been returned to the lower court, which was directed by the Supreme Court to use the proper test to decide whether Huff is domiciled in Philadelphia. The court must now consider extensive testimony and voluminous documentary evidence, all of which is unrebutted, establishing that Huff keeps all of his personal effects and belongings in Philadelphia, that he receives his mail in Philadelphia, that all of his official documents reflect his Philadelphia address, that he sleeps in Philadelphia almost every night, that he eats in his Philadelphia home every day, that he does his laundry in his basement in Philadelphia, and that he is personally responsible for regular maintenance tasks in the Philadelphia home (taking out the trash, lawn mowing, snow shoveling, hedge trimming, etc.). The court will also consider Huff’s civic and social engagement with his Mt. Airy community, including his attendance at block parties, participation as a poll observer and in voter registration events, and involvement with the Mt. Airy Democrats. The evidence before the court was introduced at trial not just by Huff, but also by multiple neighbors, who confirmed many of the facts establishing his long-term presence in Philadelphia.

If you have questions or would like to discuss receiving representation from Willig, Williams & Davidson in election law matters in the future, please Ryan Allen Hancock at rhancock@wwdlaw.com or 215-656-3679.