Judge rules Green Party candidate accused of being GOP plant can be kicked off ballot in PA-07

A Commonwealth Court judge ruled Friday afternoon that Andrew Tupone, a hopeful Green Party candidate in the 7th Congressional District, can be removed from the ballot despite collecting sufficient signatures to appear on it.

The decision marks a turning point in a dispute between Tupone and the Pennsylvania Green Party itself, which challenged Tupone’s nomination papers and accused him of being a Republican plant.

“The Election Code vests with political parties and political bodies the right to ‘nominate’ — i.e., ‘select’ — the candidates they wish to place on the ballot in the General Election,” Judge Stella Tsai wrote in her order. 

Why is the Green Party trying to kick a Green Party candidate off the ballot in the Pa.?

Tupone, she noted, never got such a sign-off from the state Green Party, which actively opposed him appearing on the ballot under their banner.

The Green Party’s objection to his nomination papers noted Tupone was a registered Republican until earlier this year, and that they had never heard of him until he began collecting signatures. He was represented in court by Wally Zimolong, an attorney who has worked on high-profile election issues in Pennsylvania with Republicans, including U.S. Sen. Dave McCormick and President Donald Trump.

Tupone previously told the Capital-Star that he was “trying to buck the establishment of both parties … I’m running for universal healthcare, ending the genocide in Gaza and standing up to the establishment parties.”

He added, “My political beliefs always remained the same.”

The 7th Congressional District is among the most competitive in the country, and the outcome of November’s election there could prove pivotal in determining whether Democrats or Republicans control the U.S. Congress next year.

Republican incumbent U.S. Rep. Ryan Mackenzie will face Democratic challenger Bob Brooks, who is backed by Gov. Josh Shapiro and a number of prominent figures in Democratic politics like Sen. Bernie Sanders (I-Vt.) and former Transportation Secretary Pete Buttigieg. The race is rated a “toss up” by Cook Political Report.

The Tupone campaign did not immediately respond to a request for comment.

Zimolong, the attorney who represented Tupone, did not immediately respond to questions from the Capital-Star, including whether they planned to appeal the order.

Chris Robinson, a spokesperson for the state Green Party, said when reached that he was unaware of the order, but would “read it tomorrow.”

A separate objection to Tupone’s nomination papers, filed by Democratic voters in the 7th Congressional District, has not been ruled on. It challenged many of Tupone’s signatures on technical grounds.