Embrescia said he and his attorneys will appeal the ruling.
In a recent court ruling, a state appellate court ruled that At-large Allegheny County Councilman Mike Embrescia must run for reelection this fall.
Embrescia, a Republican, said he and his attorneys will appeal the ruling to the state Supreme Court.
State appellate court judges Patricia A. McCullough, Anne E. Covey, and Lori A. Dumas heard the case. The opinion was written by Judge McCullough, a Republican.
The judges’ opinion explained that Embrescia and his attorneys were unable to prove that the Allegheny Court of Common Pleas was incorrect in its findings concerning the county home rule charter and administrative code. The state constitution and other laws do not say Embrescia does not need to run “at the next available municipal election”, as stated in county law.
“As our Supreme Court has stated, ‘a home rule municipality’s exercise of legislative power is presumed valid, absent a specific constitutional or statutory limit,” the court wrote.
Embrescia recently told reporters that he and his attorneys disagree with the ruling. He believes the county charter says he does not need to run.
Republicans are given an at-large seat and spot on the county’s Board of Elections, according to county law, Embrescia said.
The court’s recent ruling means Embrescia will likely face off against Alex Rose, an independent, and Theron Gilliland Jr., a member of the Green Party, in November.
Rose and Gilliland must gather valid signatures from at least 4,859 registered county voters to appear on November’s ballot. Their deadline is 5 p.m. on August 1st.
Rose wrote on social media after the court’s ruling was made, “After my opponent tried and failed to illegally cancel this election earlier in the summer, he went on to try again. Well, today the courts told [Embrescia] – again – that democracy is not optional. This election is happening.”
In February, Embrescia was appointed to County Council to replace former At-large Councilman Sam DeMarco, who now works for U.S. Senator Dave McCormick.
“I think any strategist would tell you if there’s going to be an opponent, you would like two of them… so the more the merrier at this point,” Embrescia said of his November odds.
