The Lackawanna County Democratic Committee and Democratic Commissioner Brenda Sacco are withdrawing a lawsuit filed in September challenging the lawfulness of Tuesday’s commissioner special election, removing a potential legal hurdle that could have stymied Democratic commissioner-elect Thom Welby’s path to office.
Welby, who finished ahead of Republican Chet Merli of Blakely and independent candidate Michael Cappellini of Jessup to win the special election, will replace Sacco as commissioner when the election results are certified and serve for the remainder of former Democratic Commissioner Matt McGloin’s unexpired term running into early January 2028.
Sacco’s tenure began last month after a state Supreme Court ruling in a separate legal fight enabled her to accept a temporary appointment pursuant to a process established by the county Home Rule Charter involving the county Democratic Committee and the judges of the county Court of Common Pleas. That litigation, initiated by Democratic Commissioner Bill Gaughan and the county in March, challenged the Home Rule Charter process and long delayed filling the vacancy McGloin created by resigning in late February.
Gaughan and county Judge Terrence R. Nealon, sitting as members of the county Board of Elections, voted to declare the commissioner special election in late August, with Republican Commissioner Chris Chermak abstaining from that vote. A provision of the Home Rule Charter on filling vacancies reads: “A special election according to the Laws of the Commonwealth of Pennsylvania shall be held at the next primary municipal or general election to permanently fill the vacancy.”
Lackawanna County Commissioner Brenda Sacco speaks during the commissioners meeting held at the county government center in Scranton Wednesday, Nov. 5, 2025. (SEAN MCKEAG / STAFF PHOTOGRAPHER)
The Democratic Committee, Sacco and two other potential commissioner appointees subsequently sued seeking an injunction to block the special election on legal grounds. They argued state law doesn’t provide for special elections to fill commissioner vacancies — a position county officials originally held in the immediate wake of McGloin’s resignation — and that the election board lacked the authority to declare the special election.
Prior to a hearing in the civil case, the county court judges moved to appoint Sacco to fill the vacancy but her appointment was stayed pending resolution of Gaughan and the county’s separate, then-ongoing legal challenge.
A panel of county Judges Mary Walsh Dempsey, James Gibbons and Michael Barrasse ultimately denied the injunction, noting in a Sept. 12 order that the plaintiffs had “failed to produce any evidence of a danger of immediate and irreparable harm which would result from a special election taking place.”
The Democratic Committee subsequently appealed in state Commonwealth Court, where Judge Anne E. Covey issued an order Sept. 26 affirming the county panel’s order.
Sacco took the oath of office as commissioner on Oct. 22, after the state Supreme Court ruling ending Gaughan and the county’s monthslong legal challenge enabled her to accept the temporary appointment. Her brief tenure has been contentious, partly due to her having expressed hope that she, not the special election winner, would hold the seat for the remainder of McGloin’s term.
Welby, the Democratic Committee’s nominee in and ultimately the winner of the special election, and the other two candidates in the race, had all said they expected to serve if elected and vowed to defend their victory in court if need be. The committee and Sacco withdrawing the lawsuit suggests Welby won’t have to.
“The democratic committee decided to withdraw its lawsuit challenging the validity of this week’s special election,” committee Chairman Chris Patrick said in a statement Thursday. “Given our party’s registration advantage and the likelihood that we will continue to see the majority of the board of commissioners occupied by Democrats, having special elections occur under our Home Rule Charter is what is best for the Democratic Committee in Lackawanna County. In short, it’s a better fight for the Republicans to wage because I can see a future scenario where we pick up all 3 commissioner seats in a special election.”
The county’s form of government establishes a majority/minority dynamic on the Board of Commissioners, with two majority commissioners from one party serving alongside a minority commissioner from the other. In theory a future special election to fill a vacancy could result in three commissioners from one party.
Asked about the lawsuit’s viability in the context of the earlier rulings by the county court panel and Commonwealth Court Judge Covey that allowed the special election to proceed, attorney Adam Bonin, who represented the committee in the matter, said there was nothing left to litigate in county court.
“The goal would have been to appeal to Commonwealth Court, which on the merits as a full panel might have arrived at a different decision than the single judge ruling,” Bonin said in a text message.
The lawsuit’s withdrawal ends the matter and clears the path for Welby to take office once the board of elections, currently composed of Nealon and two other county judges, certifies the election results later this month. After he won Tuesday, Welby expressed “100 percent” confidence that he’d fill the seat.
“I so look forward to just doing what I’ve done all of my life, and that is just trying to work together with people and make the community a better place,” he said at the time.
The newspaper requested but did not receive from Sacco a statement about withdrawing the lawsuit she apparently sent to other local media outlets. Sacco said in a social media post last week that she would honor the “lawful result” of the special election.