Two weeks after a Common Pleas Court judge upheld T. Milton Street Sr.’s right to run for mayor as a Democrat despite questions about residency and party affiliation, the 73-year-old candidate again finds himself fending off a challenge on those same grounds.
An appeal brief filed Monday (PDF) by attorney Kevin Greenberg on behalf of Joseph L. Coccio Jr. — secretary-treasurer of a Transit Workers Union that has endorsed mayoral candidate Tony Williams — claims:
Senator Street was a registered Independent on March 10, 2015, when he filed a petition and affidavit to run for the Democratic nomination for Mayor of Philadelphia.
The Court ruled that Senator Street’s affidavit was false in that it said he was registered and enrolled Democrat and that Senator Street was ‘beyond neligent’ if he believed he was a Democrat.
For each of these separate reasons, Senator Street should be removed from the ballot:
Because Independents may not petition their way onto a party’s ballot;
Because Senator Street’s affidavit was false when he filed and has never been corrected;
Because of the falsity of the affidavit is to an objective fact not associated with a candidate’s intent’
Because the falsity of the affidavit was a direct result of Senator Street’s negligence as found by the finder of fact; and
Because Senator Street never filed, or even sought to file, a corrected affidavit.
For his part, Street brushed off the appeal for which oral arguments won’t be heard.
“I personally believe,” he said, “that the law’s on my side.”
A decision is expected within a week.