It’s not easy being Green.
Yes, that’s an easy lede. But it holds true as hearing dates for Anthony Tupone approach.
On Thursday, the self-described Green Party of Pennsylvania (GPPA) candidate in PA-07 faces two hearings on his nomination petitions in Harrisburg in an attempt to disqualify him from the ballot.
But a question arises … why is an attorney affiliated with the Republican National Lawyers Association representing him as a candidate for the GPPA?
Wally Zimolong, who represented President Donald Trump and the Republican National Committee in multiple election-related matters, including obtaining emergency injunctive relief involving voting access issues in Bucks County, is representing Tupone. Zimolong also assisted in coordinating statewide recount and ballot canvassing efforts on behalf of the NRSC and Sen. Dave McCormick.
The Villanova University graduate and member of the Federalist Society has also appeared on donor lists for Republican Rep. Ryan Mackenzie, as well as McCormick.
If that was not enough, Zimolong is also the attorney of record for Gov. Josh Shapiro’s neighbors in a federal lawsuit against him in a property dispute.
A request for comment from Zimolong went unanswered.
Tupone submitted 10,586 signatures on his nomination petition, according to court records, well over the 4,074 required valid signatures of local voters in the Lehigh Valley district.
But a legal challenge by three women – Joyce Moore, Susan Baranek, and Louise Dillensnyder – says “is not truly affiliated with the Green Party but is, in fact, a spoiler candidate to distract progressive voters with that party label in an effort to reelect Congressman Ryan Mackenzie. While this fact is not directly relevant to the outcome of this objection, it provides important framework for the irregularities associated with this nomination paper.” They also call into question a number of technical errors could disqualify a large number, putting the requirement in jeopardy.
Democrats are contending that Tupone is a being propped up by dark money groups seeking an advantage in the highly-watched 7th District contest. Tupone ran as a Republican in a 2015 magisterial district judge race, finishing second behind Patricia Broscius.
Bob Brooks, the Democratic challenger to Mackenzie, as well as the Green Party noted that Tupone’s late switch to affiliate with the Greens brings into question his ability to gather more than 10,000 signatures, especially without a paid, professional staff.
The Pennsylvania Election Code states that, unlike major political parties (i.e., Republican, Democrat), minor political parties and political bodies such as the Green Party are not entitled to nominate candidates in primary elections. The Code also allows these political bodies to nominate “[m]ore than one candidate … by one nomination paper and candidates for more than one office may be nominated by one nomination paper.”
According to the lawsuit, “the GPPA’s determination as to whether to field a candidate for a given race is based on numerous considerations, including whether it is worthwhile to focus the GPPA’s name, brand, and resources on that race, and whether a candidate who authentically represents the GPPA’s values and platform is interested in competing in that race. In the case of the race for Representative in Congress from Pennsylvania’s Seventh Congressional District, after evaluating these considerations, the GPPA declined to field a candidate.”
It is notable that despite the Code allowing for any nomination paper to include the candidates for Governor and Lieutenant Governor, Tupone’s papers did not.
The Green Party also says that Tupone is not a true member of the party but is co-opting the name to his benefit. He switched from Republican to Democrat on February 18 and made the change to the GPPA on April 20, disaffiliating “from a major political party on the very last day to remain eligible to run for office under a political body.”
“This court should reject candidate Tupone’s forced association with the Green Party and set aside his nomination papers or, in the alternative, enjoin him from using the name of the Green Party on the ballot,” the petition argues.”
Tupone explained his reasoning to run as a Green Party candidate in his campaign announcement, condemning both Democrats and Brooks.
“After the Democratic National Party put their thumbs on the scale in the primary for Bob Brooks as the nominee, I believe local grassroots voters deserve another choice and that’s why so many are backing my candidacy,” he wrote. “That’s why I’m running – to offer an independent progressive voice focused on the issues that matter most to the people of Pennsylvania’s 7th District – affordability and ending corruption, but also stopping the fascist in the White House, fighting climate change, ending the genocide in Gaza and elsewhere.”
The 7th Congressional District is one of the true “battleground” districts in the country with the last two elections decided by less than 6,000 votes.
2024. Ryan Mackenzie (R) d. Susan Wild (D), 50.5-49.5% (4,062 votes)
2022. Susan Wild (D) d. Lisa Scheller (R), 51.0-49.0% (5,877 votes)
2020. Susan Wild (D) d. Lisa Scheller (R), 51.9-48.1%
A “Green Party” candidate offering “an independent progressive voice” would most certainly take votes away from Brooks and possibly making the difference in an election that could be decided by a small margin.
With PA-07 as one of the cornerstones of the Democratic Party’s strategy to take back majority of the U.S. House, it should come as no surprise that these challenges were made and the decisions made will have an impact not only around the Lehigh Valley but also nationwide.