Republican Kimberly Wheeler’s bid to appear on the Democratic ballot for Souderton school board director in the upcoming May primary came to an end on Thursday.
In March, Souderton residents Melanie Lees and Mike Pipe challenged Wheeler’s Democratic petition that would have allowed her to cross-file on both the Republican and Democratic ballots.
Wheeler needed a Democrat to circulate her petition and collect signatures from registered Democrats. By circulating the petition herself, she violated Pennsylvania’s Election Code and is precluded from appearing on the Democratic ballot.
Montgomery County Court of Common Pleas Senior Judge Cheryl Lynne Austin had ruled in favor of Lees and Pipe, however Wheeler appealed that ruling.
In her opinion, Commonwealth Court President Judge Emerita Mary Hannah Leavitt, wrote: “We conclude that the same party requirement for circulators in Section 909 of the Election Code is constitutional under the First Amendment as applied to candidate. We affirm the trial court’s order of March 17, 2023.”
