SMETHPORT – Dan Costello remains on the ballot for the mayoral
race for the City of Bradford.
A hearing was held Tuesday in McKean County Court for Judge John
Cleland to consider a challenge by Tom Riel to remove Costello’s
name from the ballot for flaws on his nominating petitions.
Costello, represented by Greg Henry, first presented a motion to
quash Riel’s petition. Riel, representing himself, asked that any
potential witnesses be sequestered while a hearing was held on the
motion. Cleland agreed.
Riel expressed concern over Henry’s representation of Costello;
Henry also serves as special counsel to the Bradford City
Council.
“I am a member of council, as is Mr. Costello,” Riel said,
adding he was concerned over a potential conflict of interest.
“I represent city council as a body,” Henry argued. “I do not
represent any given council member.”
He added that he felt the hearing Tuesday had “no bearing” on
any actions he would undertake as special counsel for the city.
“I won’t disqualify Mr. Henry,” Cleland ruled.
Henry explained that his motion to quash was based on a lack of
specificity in part of Riel’s complaint.
Referring to a section of Riel’s petition where he challenges
petitions circulated by Dan and Susan Costello, Henry said, “It
only says the circulator’s affidavit is false. This is not specific
enough. Hence, this is fatal.”
He said the election law requires challenges to be specific
because there is a strict time line which must be adhered to and
the candidate facing the challenge must be afforded the opportunity
to defend the challenges against him.
Riel disagreed with Henry’s argument.
“The only way to prove (the affidavits) were false is to listen
to testimony,” Riel said, adding he had subpoenaed witnesses who
could substantiate his claim. “This 11th hour motion to quash …
it’s Dan Costello’s defense because he has no defense. Mr. Costello
had no regard for the electoral process.
“He cannot rely on his own innocence because he has none,” Riel
argued. “I ask you to deny the motion to quash.”
“This is not an argument made by Mr. Henry which surprises me in
the least,” Cleland said. He explained when he first read Riel’s
petition, he also had doubts as to whether the argument alleging a
false affidavit could continue as it was written.
“My concern is whether that is sufficiently specific to merit
proceeding,” Cleland said. He cited a state Supreme Court decision
which details that a challenge to a nomination petition must be
specific to be allowed to continue.
“The statute does not allow amendments,” he said. He granted
Costello’s motion to quash the parts of Riel’s petition challenging
the affidavits of Dan and Sue Costello.
Cleland then explained that only 26 signatures remained in
question, which was not enough to remove Costello from the ballot.
One hundred signatures are needed; Costello had 142.
He asked Riel if he wanted to continue.
After a brief conference with Henry, Riel stood and said, “Mr.
Henry has agreed to concede that 26 signatures are indeed
invalid.”
Henry agreed, and pointed out the 26 signatures in question were
those spelled out in Riel’s petition as not being members of the
Republican Party or who had already signed another person’s
petition for mayor.
“We would not dispute they should be removed to leave 116 valid
signatures,” Henry said.
Cleland asked Riel if that was what he was asking for at that
point – to have those signatures removed.
“That’s about all I have left to ask, isn’t it?” Riel said.
“I just wanted to make sure,” Cleland said before dictating an
order to that effect.
