Bartolotta challenger files lawsuit related to election

Washington County Commissioners Nick Sherman and Electra Janis are among those named in the legal action.

The controversy surrounding Al Buchtan’s residency and voter registration during this year’s Republican primary has landed in federal court.

The 23-page civil rights complaint, filed Friday in the U.S. District Court for the Western District of Pennsylvania, names the Washington County Board of Elections, Commissioners Nick Sherman and Electra Janis and an unidentified election official as defendants, alleging they violated Buchtan’s constitutional rights during his campaign against incumbent Sen. Camera Bartolotta.

In the complaint, Buchtan alleges Sherman and Janis, who publicly endorsed Bartolotta’s campaign days before his voter registration was canceled, acted as members of the county Board of Elections to unlawfully cancel his registration in April in retaliation for his candidacy against Bartolotta, along with his criticism of what he describes as the Republican political establishment.

The lawsuit also alleges the action prevented Buchtan from voting in the May 19 Republican primary, an election in which he was a candidate, and violated the federal National Voter Regi s t r a t ion Act and Pennsylvania election law by canceling his registration without the notice and waiting period required under those laws.

The lawsuit names an unidentified election official, identified only as “John Doe,” alleging the individual falsely told others Buchtan was under investigation by the Pennsylvania Attorney General’s Office for voter fraud.

According to the complaint, those statements were later cited in campaign mailers and text messages distributed by the Senate Republican Campaign Committee during the primary campaign.

Buchtan claims no such investigation existed and accuses the unidentified official of knowingly or recklessly making false statements that were intended to damage his candidacy.

The complaint states Buchtan intends to amend the lawsuit once the official’s identity is determined.

Buchtan seeks unspecified compensatory and punitive damages, along with declaratory, injunctive and name-clearing relief, as well as attorney fees, court costs and a jury trial.

The suit asserts federal civil rights claims alleging First Amendment retaliation, along with state law claims including defamation, false light invasion of privacy and violations of Buchtan’s constitutional right to reputation.

In a statement released after filing the lawsuit, Buchtan said he believes the legal action is about exposing alleged political misconduct.

“Today marks an important step toward accountability. For too long, the corrupt Republican political establishment and the De-Weese-Bartolotta machine have operated behind closed doors without consequence,” he said. “I welcome the opportunity to expose what I believe was a corrupt backroom scheme that violated my constitutional rights and was designed to protect the political interests of those who have benefited from this system for years. The public deserves transparency, accountability and the truth.”

The lawsuit follows a residency dispute that became a central issue during the Republican primary for the 46th Senatorial District.

Earlier this year, Washington County election officials sought to remove Buchtan from the ballot after the Pennsylvania Commonwealth Court determined his legal residence was in Greene County rather than the Washington County address listed on his nomination petition.

The Pennsylvania Supreme Court later affirmed that ruling, allowing Buchtan to remain on the ballot after he amended his paperwork.

According to the lawsuit, the Commonwealth Court also found Buchtan acted in good faith, and neither court found he committed voter fraud or any other offense or ordered his voter registration to be canceled.

In the complaint, Buchtan alleges the cancellation of his voter registration came just days after Sherman and Janis publicly endorsed Bartolotta’s campaign.

In the lawsuit, he further claims the action was intended to fuel negative narratives about his campaign and that campaign mailers falsely portrayed him as being under criminal investigation, influencing voters in the closely watched Republican primary.

In the election, Bartolotta secured victories in Washington and Beaver counties to offset Buchtan’s win in Greene County.

In Washington County, Bartolotta received 9,460 votes to Buchtan’s 7,600, with 131 write-in votes cast. In Beaver County, Bartolotta narrowly defeated Buchtan 282 votes to 256, with two write-in votes recorded. Buchtan carried Greene County with 2,047 votes to Bartolotta’s 1,600.

The lawsuit comes as the race for the 46th Senate District continues to evolve ahead of the November election.

The Democrat who had been set to challenge Bartolotta, Evan Snyder of Nottingham Township, withdrew from the race June 22 after running unopposed in the May 19 primary, according to Pennsylvania Department of State election records.

Snyder’s withdrawal could allow an independent candidate to become Bartolotta’s lone challenger in November.

As of Friday, none of the defendants had filed a response in federal court.

The Mon Valley Independent requested comment Friday through Washington County’s public relations office, but a response was not provided prior to press time.