Tonkin faces new threat
By Nathan Mayberg
MILFORD — Pike County District Attorney Ray Tonkin might not get on November's ballot over a $100 bill.
A group of Democrats have filed a petition with the Pike County Board of Elections and in county court to have Tonkin tossed for allegedly not paying a $100 filing fee.
Eric Hamill, an attorney representing the Democratic Party petitioners, said the fee was supposed to be paid by Aug. 10 to the board of elections.
At a special meeting Monday, the board — Chairman Karl Wagner, Vinnie Accordino and William Gilpin — decided against scheduling a hearing on the petition. They're leaving the matter up to a judge to decide.
Tonkin wants to run on the Democratic Party line against fellow Republican Kelly Gaughan, who defeated him in the May primary. But Tonkin won a write-in campaign to be on the Democratic line.
The Pike County Democratic Committee decided not to endorse Tonkin because he remains a registered Republican.
Jay Rose, attorney for the board of elections, said he couldn't comment on "pending litigation."
He said Tonkin paid a $100 filing fee when he filed his nomination papers in March to run as a Republican. The question is: Should Tonkin have filed a separate fee to be on the Democratic line?
Hamill said state election law requires the board of elections to vacate the spot if the fee isn't paid.
Tonkin released a statement on the matter.
"It is disappointing that supporters of my opponent are attempting to deny Pike County voters the opportunity to have a choice in the November election by attempting to limit ballot access through the courts," he said.
Gaughan: It's their rightGaughan said Democratic voters were "exercising their right" to challenge his candidacy.
Tonkin said he asked the board of elections whether he would have to pay a separate filing fee to run on a different party line, and was no.
Attorney Larry Otter, who represented Tonkin on Monday, said state election law doesn't call for a separate filing fee as long as a new office isn't being sought. If Tonkin decided to run for county coroner, for example, a new filing fee would need to be paid, Otter said.
Since Tonkin is still running for district attorney, Otter doesn't believe a new fee is required.
He said there hasn't been a prior case like it in Pennsylvania, making it new legal ground for whichever judge hears the case.
Judge Joseph Kameen is presently scheduled to hear the case, though it's possible another judge could hear the matter because it's so political.
Accordino and Gilpin are on the board of elections because it's an election year for county commissioners Rich Caridi and Matthew Osterberg, who sit on the board in non-election years, Rose said.
The petition was filed by Democrats Gregory Hoeper of Shohola, Milford attorney Robert Reno, Pike County Democratic Committee member Kimberly Reno of Milford, Jennifer Hamill of Shohola, and Pike County Democratic Committee member James Slevin of Hawley.
The petition is scheduled to be heard in the Pike County Court of Common Pleas on Sept. 2.
"I intend to fully defend this attempt to have the courts change an election and am confident that once all of the facts and law are reviewed, I will prevail," Tonkin said in a statement.
Reporter Nathan Mayberg can be reached at comm.reporter@strausnews.com or by calling 845-469-9000 ext. 359.