Opinion
CIVIL ACTION NO. 03-3077.
May 15, 2003.
MEMORANDUM AND ORDER
The pro se plaintiffs, Bill O'Neill and Tom Lingenfelter, are candidates seeking the Republican nomination for the office of Bucks County Commissioner, at the primary election scheduled for May 20, 2003. On May 14, 2003, plaintiffs filed a pleading designated as "Emergency Petition for Immediate Injunctive Relief," naming as defendants the Chairman of the Bucks County Executive Committee and 600 "John and Jane Does," described as members of the Bucks County Republican Executive Committee and/or Republican Committee-persons in Bucks County.
Plaintiffs assert that their constitutional rights, both as citizens and as candidates, are being violated by the defendants by reason of the fact that the defendants are causing Republican Party funds to be expended exclusively in support of endorsed candidates; since plaintiffs did not receive the endorsement of the Republican County Committee, they are not featured in the defendants' advertisements, posters, sample ballots, etc., and are not being included in the guest list at campaign meetings. Plaintiffs seek an order enjoining the defendants from omitting plaintiffs' names from their advertising, especially the sample ballots which will be distributed at the forthcoming primary election, and ordering the defendants "to adopt a constitutionally correct set of party procedures regarding political advertising and support of all nominated candidates."
Plaintiffs' emergency petition is accompanied by a certification that the petition was served upon the defendants yesterday (time not specified). In view of the imminence of the forthcoming primary election, and since it is entirely clear that plaintiffs are not entitled to the relief sought, their application will be disposed of without holding a hearing.
Political organizations, their committees and members, all have an absolute constitutional right to decide which candidates they wish to support, and how campaign expenditures should be allocated among competing candidates. Plaintiffs have alleged nothing which could possibly amount to a violation of plaintiffs' legal rights. From a legal perspective, this lawsuit is patently frivolous. Plaintiffs' application for immediate injunctive relief will therefore be denied; and, unless plaintiffs succeed in amending their complaint to state potentially meritorious claims, this action will be dismissed in its entirety.
An Order to that effect follows.
ORDER
AND NOW, this 15th day of May 2003, IT IS ORDERED:
1. Plaintiffs' application for "Immediate Injunctive Relief" is DENIED.
2. Unless plaintiffs file an amended pleading, within 20 days, setting forth a potentially meritorious claim, this action will be dismissed with prejudice.