Valenti v. Mitchell

962 F.2d 288, 1992 WL 74799
CourtCourt of Appeals for the Third Circuit
DecidedApril 14, 1992
DocketNos. 92-1262, 92-1264 and 92-1274
StatusPublished
Cited by81 cases

This text of 962 F.2d 288 (Valenti v. Mitchell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Valenti v. Mitchell, 962 F.2d 288, 1992 WL 74799 (3d Cir. 1992).

Opinion

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

These appeals have been consolidated and their disposition expedited because the issues raised affect the Pennsylvania primary election scheduled for April 28, 1992. At this year’s primary, Pennsylvania voters will choose delegates to the major parties’ nominating conventions for President, as well as party nominees for national and state office in the November general election. On April 6, 1992, Betty Clift, Dorothy Ferebee and Louis Fante appealed to this Court from an order of the United States District Court for the Eastern District of Pennsylvania entered on April 3, 1992 which denied their request for preliminary injunctive relief to appear on the ballot in the Pennsylvania primary as Congressional or Presidential delegate candidates (Appeal No. 92-1262). They petitioned for emergency hearing and argument.

Also on April 6, 1992, Brenda K. Mitchell, Secretary of the Commonwealth and William Boehm, Commissioner of the Bureau of Commissions, Elections and Legislation (the “Commonwealth officials”) appealed from that portion of the district court’s April 3, 1992 order which granted injunctive relief to Eric Bradway, a potential delegate candidate and Stuart Kessler, a potential Congressional candidate (Appeal No. 92-1264). In its April 3, 1992 order, the district court extended until April 6, 1992 the time for Bradway and Kessler to file their nominating petitions and enjoined the Commonwealth officials from rejecting Bradway and Kessler’s petitions as untimely. Along with their appeal of the April 3, 1992 order, the Commonwealth officials filed an emergency motion for a stay of the district court’s injunction pending appeal. Faced with these emergency matters, we directed the parties to file memoranda of law and appear for oral argument on Thursday April 9, 1992.

In the meantime, the rapid approach of April 28, the scheduled date for the primary election, led to further proceedings in the district court, the intervention of addi[291]*291tional parties and the issuance of additional orders. While these orders largely eliminated . the practical effect of the district court’s April 3, 1992 order, they posed new issues that could have a significant effect on the timing and conduct of the Presidential election year’s primary in Pennsylvania. The latest of these orders was issued April 9, 1992 just prior to the beginning of oral argument before this Court at 11:00 a.m. After argument, we therefore asked any parties who wished to appeal from the district court’s April 9, 1992 order to file their appeals as soon as possible. From the bench, we also stayed all further proceedings in the district court pending our further order. Certain parties who had been denied relief filed appeals from the district court’s April 9, 1992 order on April 10, 1992 (Appeal No. 92-1274). We consolidated them with the earlier appeals at Nos. 92-1262 and 92-1264, scheduled all the appeals for expedited disposition and directed the parties to file supplemental memoranda of law no later than noon on April 13, 1992.

Having considered the parties’ arguments, we have decided to affirm the district court’s April 9, 1992 order which denied injunctive relief to ten intervening plaintiffs, denied appellant Bradway’s motion for a further extension of time to file, and also affirmed its earlier order of April 6, 1992 insofar as that order vacated the injunctive relief it had granted to appellant Kessler on April 3, 1992. We will also affirm that portion of the district court’s April 3, 1992 order which denied appellants Clift, Ferebee and Fante’s motion for in-junctive relief. Based on these dispositions, the primary election can proceed as scheduled.1 . Our reasons follow.

I.

Because of population changes shown by the decennial census, Pennsylvania Congressional districts had to be redrawn for the 1992 primary election. On December 31, 1990, Congress issued a Certificate of Entitlement to the Pennsylvania Secretary of the Commonwealth stating that the Commonwealth was henceforth entitled to only twenty-one Congressional districts instead of the twenty-three districts the General Assembly had established in 1981 following the 1980 national census. See generally Pa.Stat. Ann. tit. 25, § 3571 (Supp. 1991) (setting forth the twenty-three districts). This time, the General Assembly could not agree on boundaries for the new districts and litigation erupted.

On January 28, ,1992, the date on which circulation of nominating petitions was supposed to begin,2 eight state senators filed a suit in equity in the Commonwealth Court of Pennsylvania against the Commonwealth officials and the Pennsylvania Department of State. They sought a declaration that the existing Congressional apportionment law providing for twenty-three districts was unconstitutional. They also requested the court to enjoin implementation of the official election schedule and to adopt a valid reapportionment plan if the General Assembly continued to fail to do so.

The Commonwealth Court granted the injunction on January 30, 1992 and required all parties to submit their proposed reapportionment plans no later than February 11, 1992. Additional parties, including the Attorney General, intervened and presented plans. The plaintiffs then applied to the Supreme Court of Pennsylvania to take plenary jurisdiction. With the statutory election schedule already delayed, the high court did so in order to expedite the matter and designated the President Judge of the Commonwealth Court as Master to conduct hearings and report to it with a recommended decision not later than [292]*292February 26, 1992. The state election officers then agreed to file a proposed election schedule with the Commonwealth Court by February 19, 1992.

On February 24, 1992, the Master filed his Findings, Recommended Decision and Form of Order. In recommending “Plaintiffs Plan 2” for adoption, the Master considered the equality of the redistricting plan under the one person, one vote principle, along with enhancement or dilution of racial minorities’ political power, regional concerns and community interest. The new plan called for twenty-one Congressional districts.3

Because of the General Assembly’s failure to adopt a reapportionment plan and the ensuing litigation, the Master also recommended revisions to the Pennsylvania election calendar made necessary by the delay in reapportionment up to that time. The suggested revisions were proposed in a Memorandum filed by the Commonwealth officials. The Master recommended that the Supreme Court also adopt the suggestion of the Commonwealth officials that the calendar for electing delegates and alternate delegates to the national conventions be revised along with the Congressional election calendar because delegates to the party conventions are selected in Pennsylvania from the Congressional districts. Exceptions to the Findings, Recommended Decision and Form of Order were filed with respect to the reapportionment issue, but not with respect to the revised election schedule.

In a per curiam Order dated March 10, 1992 the Supreme Court of Pennsylvania adopted the Master’s Findings, Recommended Decision and Form of Order and dismissed all exceptions. See Mellow v. Mitchell, No. 7 M.D. Misc. Dkt.1992, — Pa. —, 607 A.2d 204 (1992).

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962 F.2d 288, 1992 WL 74799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valenti-v-mitchell-ca3-1992.