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March 16, 2016

Penn student withdraws petition to scratch Kasich from Pennsylvania primary ballot

Kasich's attorney says Commonwealth Court should still clarify legal questions surrounding ballot challenge

University of Pennsylvania sophomore Nathaniel Rome has formally withdrawn his Commonwealth Court petition to remove Republican presidential candidate John Kasich from the ballot in Pennsylvania's April 26 primary election.

Rome, who serves as chairman of the Pennsylvania Students for Rubio network, had alleged that the Ohio governor did not meet the statutory requirement of at least 2,000 valid signatures on his nominating petition, a contention even Kasich's lawyer had acknowledged in court was truthful by a count of eight signatures.

RELATED ARTICLE: Accessible Kasich impresses students at Villanova

With Rubio out of the Republican race and Kasich building on the momentum of a primary victory in his home state, Rome withdrew the petition Wednesday afternoon amid calls from the Kasich campaign to drop the challenge.

Rome's attorney, John C. Bravacos, confirmed the decision but declined to say exactly what led to the withdrawal, particularly given the outstanding legal issues surrounding whether or not Rome filed the petition thirteen minutes too late.

Lawrence Otter, the Bucks County attorney representing John Kasich in Pennsylvania, told PhillyVoice that despite the dropped challenge, he intends to ask the Commonwealth Court to clarify whether or not the petition is legally invalidated by late filings.

"I would still like the court to decide the case on the basis of facts," Otter said. "The court was concerned because it's an unprecedented situation. The petition was late on the secretary to the Commonwealth service and late in its filing with the court. It's a double-whammy."

Otter added that the outcome will be important in determining future administrative standards for all 67 counties in Pennsylvania.

"Ultimately," Otter said, "we're getting into the metaphysics of 'what is a day?'"

Bravacos, whose brother Chris served as chairman of Marco Rubio's Pennsylvania campaign, said only that he doesn't see eye to eye with Otter on the legal matter in question.

"I have disagreed with Mr. Otter on the interpretation of the law and that disagreement continues," Bravacos said.

With neighboring Pennsylvania a potential bright spot for Kasich, the Ohio governor visited Philadelphia Wednesday afternoon for a town hall at Villanova University. Before a crowd of about 600 people, most of whom were students, Kasich promised fiscal responsibility, a conservative approach to the economy and an aggressive strategy to defeat Islamic State.

Still, with just one primary victory to date, Kasich's best hope at the nomination – rather than catching up to divisive frontrunner Donald Trump and Texas Sen. Ted Cruz – could turn out to be a brokered convention in Cleveland.

Otter, who attended Kasich's town hall, said he had a chance to meet the governor for the first time, prior to learning that Rome's petition would be withdrawn. 

Kasich's words: "Make sure you win this one!"

With that box now checked off, Otter says the Pennsylvania ballot challenge is really secondary to the eventual political outcome and the important issues facing the country in 2016.

"It's up to voters to decide who they want their president to be," Otter said. "The only poll that counts is the one on April 26."

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