The Independent View: Kasich's Battle Over Signatures on PA.Primary Ballot

Ohio Gov. John Kasich’s own lawyer agrees the Presidential campaign submitted fewer valid signatures than are required for the candidate to appear on Pennsylvania’s Primary ballot.

But he argued in court that it doesn’t matter because an objection to Mr. Kasich’s nominating petitions was filed 13 minutes too late.

At issue is whether challenges to Pennsylvania nominating petitions are due by 5 p.m. or 11:59 p.m. on the last day to file.

Attorneys for Mr. Kasich and the objector have stipulated that the campaign filed no more than 2,184 signatures with the state, and that 192 of those signatures were not valid. Republican and Democratic candidates for President must submit 2,000 signatures to appear on the ballot.

But the objection to Mr. Kasich’s nominating petition was filed at 5:13 p.m. on the last day to challenge nominating petitions, and his attorney argues that makes it 13 minutes too late to be considered. The objector’s attorney disagrees, saying there is no requirement that the filing be received by 5 p.m.

Both sides appeared in Commonwealth Court, where Judge Bonnie Leadbetter said the matter may go to a three-judge panel. She set deadlines of next Monday and Wednesday for additional briefs.

Judge Leadbetter said the case is “a matter of significance,” because Mr. Kasich is running for president and because there does not appear to be a legal precedent determining whether the deadline is 5 p.m. or midnight.

Lawrence Otter, the attorney for Mr. Kasich, said nominating petitions must be received no later than 5 p.m. on the due date, and that the 5 p.m. deadline begins the seven-day period for filing objections. “A full seven days is 5 o’clock, seven days later,” he said.

John Bravacos, the attorney for objector Nathaniel Rome, said the General Assembly could have set the deadline for challenges for 5 p.m., but instead did not specify a time.

Mr. Otter and John Bravacos said the case could go to the Pennsylvania Supreme Court.

Mr. Nichols said the Kasich campaign gathered enough signatures. “We submitted well in excess of the necessary number of signatures in Pennsylvania, a fact that was certified by the Pennsylvania Secretary of State,” Mr. Nichols said. “If it’s good enough for him, it’s good enough for us.”