Pennsylvania House Republicans Sue Over Majority-Leader Status

Pennsylvania former House Speaker Bryan Cutler (R-Quarryville) this weekend announced he filed a lawsuit in the Commonwealth Court of Pennsylvania over Representative Joanna McClinton’s (D-Philadelphia) assertion of House majority-leader status. 

McClinton has used her title as majority leader to schedule special elections to replace one deceased member and two retired members of the state House of Representatives. State law calls on the House speaker to determine special-election dates for that chamber and vests the House majority leader with that power if the speaker cannot perform that duty. 

The question is: Who can rightfully claim to be the House majority leader? 

Democrats won 102 out of 203 House seats during November’s elections. The House Democratic Caucus chose McClinton, who theretofore served as House minority leader, as its head officer. On December 7, the Philadelphia-based legislator was sworn in as majority leader. 

The problem is that, because state Representative Anthony DeLuca (D-Pittsburgh) was reelected this year despite having died in October, Democrats did not constitute a majority of House members at the time. And their caucus’s membership has actually declined by two since then: Representatives Austin Davis (D-Pittsburgh) and Summer Lee (D-Pittsburgh) resigned form their House seats earlier this month so they could respectively assume the offices of lieutenant governor and congresswoman.

Almost inevitably, Democrats will regain those seats, all of which are in deep-blue districts, once special elections are held. But for the time being, Republicans number 101 members of the state House and Democrats only total 99. This fact, Cutler asserts, prevents McClinton from holding the majority-leader title or performing duties within the special purview of that office until Democrats regain a true majority. 

That, Cutler insists, means the Pennsylvania Department of State cannot honor her decision to schedule special elections for DeLuca, Davis and Lee on February 7, 2023. The former speaker is litigating against acting Secretary of State Leigh Chapman (D) to block that decision. … (Excerpt from The Star News Network)