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The Insider - December 22, 2008

December 22, 2008 | Insider

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INSIDER INFO -- DECEMBER 2008

Argall and allies prevail
It took two ballots but 12-term state rep and ex-Eagle Scout from Tamaqua beats son-in-law of late senator to become GOP nominee in special election for state Senate

Feeling the heat early
Sen. Specter already facing pressure to vote the "right way" on looming unionization issue

Holding the line
Scarnati plans to impose fiscal discipline on a caucus known for small but potent break-away voters

A late-breaker?
Can Scarnati in forcing a no-tax-hike state budget construct his own platform to run for governor?

Pa. Society tidbits
The annual black-tie hobnob up in New York remains the ultimate staging ground for 2010 candidates

Corrections
It would seem we were a victim of Murphy's Law (If anything can go wrong, it will) in our posting of a photo of Congressman Patrick Murphy, a Bucks County Democrat, as a potential U.S. Senate candidate. In some editions of our last issue, another Pennsylvania congressman named Murphy was featured instead – Tim Murphy, a Republican from Allegheny County. We run the correct photos of each Congressman Murphy below:


Patrick Murphy
   
Tim Murphy

Also, another careful reader pointed out that indeed Auditor General Jack Wagner won a landslide re-election but it was against Republican Chet Beiler, not Tom Ellis, the losing Republican for state treasurer. We regret both errors.




Editor: 
Al Neri

We welcome and appreciate any feedback you may 
have concerning

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The views contained in The Insider are those exclusively of its editor, Al Neri, unless an article is specifically authored by another writer.

Insider's Stories
Argall and allies prevail
It took two ballots but 12-term state rep and ex-Eagle Scout from Tamaqua beats son-in-law of late senator to become GOP nominee in special election for state Senate

In Pennsylvania politics, sweat equity tends to pay off. In most campaigns, the candidate who works the hardest and charms the most voters tends to win.

And that appears to be the way the GOP process to pick a nominee for the 29th Senate District Special Election played out, as 24-year House veteran and former House Republican Appropriations Committee Chairman and Whip David Argall, R-Schuylkill, won narrowly on Saturday.

Argall, who used his prominent leadership positions in the House the past six years to get mentioned frequently in the district's two major newspapers – the Reading Eagle-Times and the Pottsville Republican, won on a second ballot, 30-27.

David Argall, speaking, with James Rhodes

Republican Party committee members from the 29th Senatorial district were charged with selecting a candidate to be the GOP nominee when regular voters go to a special election March 3 to choose the successor to longtime senator, James Rhoades who died from a car accident in late October. The winner will serve until 2012 because voters, in a tribute to Rhoades, re-elected him to a new four-year term after his untimely death.

Attorney Chris Hobbs, Rhoades' son-in-law led on the first ballot, 27-26, of the Republican conference committee. But a key role was played conservative attorney Gretchen Sterns who scored four votes on that same ballot. (Three second-tier candidates got zero first-ballot votes and were eliminated: Ed Balkiewicz, 41, a North Schuylkill school board director, Willard Dellicker, 63, of New Tripoli, and Joseph Gattone Jr., of Hamburg.)

Rhoades' widow, Mary Edith wrote a letter to committee people stating that when Rhoades pondered retirement before deciding to run again in 2008, he wanted Hobbs to succeed him. Champ Holman, Rhoades' close friend and long-time aide, said he was not running because Sen. Rhoades wanted Chris Hobbs to succeed him.

But this contest had particular appeal to Argall. A special election is one of the few times that a House member can make the leap to the upper chamber without having to forfeit the seat he now holds. And even if he loses on March 3, he still is a state representative, serving his 13th term.

The Hobbs/Rhoades family connection did not intimidate Argall. The 50-year-old lawmaker is well-known for his cheerfulness, industry and intelligence. He often gets teased about being a Boy Scout (he was an Eagle Scout and now is an adult troop leader) but he has kept up that boyish but smart persona for 24 years and it has paid off for him, even now that he has gray hair.

Sterns was also a strong candidate, but was considered by the still-fairly-moderate GOP committee members to be too conservative for this district, which consists of all of Schuylkill County, and parts of Berks, Monroe, Northampton, Lehigh and Carbon counties.

And like the old EF Hutton commercials, committee people, asked about Argall, said he had positioned himself for this moment: "He's Eahhhhhned it."

On Thursday, an anonymous letter began to circulate, attacking Argall as one of the "authors" of the 2005 pay raise, since he was a member of the Conference Committee that produced it late one night. The mailer also pummeled him on votes for taxes, pension hikes and other matters that generally don't sit well with GOP committee members and the public.

So Argall was still in the lead, but Hobbs was still competitive enough to lead on the first ballot 27-26, with 29 votes needed for nomination and four votes coming in for Sterns, mostly from Lehigh and Monroe counties. On the second ballot, apparently all of Sterns votes, guided by their state lawmakers who are Argall allies, went to the veteran Schuylkill County lawmaker.

Argall told the Capitolwire news service: "24 years in the state House helped me make the friends I needed and had today, it was just very, very helpful, in terms of my relationship not just with delegates, but the other House members in the district and region, and their help was very valuable."

Argall told Capitolwire that "it may take me some time to sort things out as to what happened, but I believe I will be the nominee of a united party. I spoke to Gretchen, I spoke to Chris, and we have all been friends for years. I don't believe it will be difficult for us to unify and win on March 3rd and work together to help the 29th District."

Rhoades was elected in 1981, defeating a one-term-Democrat who had ended the 10-year tenure of Fred Hobbs, the father of Chris Hobbs.

At a candidates' debate on Wednesday night, the Pottsville Republican reported that Argall touted his experience, Hobbs said he had the "Rhoades machine" working for him, and Sterns said too many Republicans had abandoned conservative principles for Harrisburg deal-making.

Sterns said small business is the real driver of the economy but Argall and Hobbs said government can play a role.

The special election is March 3, with the Democrats nominating six-term Schuylkill County Clerk of Courts Steve Lukach.

Which is why this election may get even more interesting. Lukach is a popular, well-liked county row officer and when Democrats or Republicans from Schuylkill County are asked about Lukach, the most common comparison is to Congressman Tim Holden, the popular congressman who won a long-time Republican district in 2002 over Republican George Gekas who had earlier been favored.

Given the Democratic trend of this district in the fall elections, and Lukach's popularity, this could be a very competitive special election.


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Feeling the heat early
Sen. Specter already facing pressure to vote the "right way" on looming unionization issue

Remember, Star Wars, the original. Not any of the sequels or prequels.

There is a scene in the movie where our heroes Hans Solo, Luke Skywalker and Princess Lea are trapped in a giant inter-galactic trash compactor with death pressing in from each side.

Well that cinematic metaphor might also apply to a current hero of cancer survivors everywhere, U.S. Sen. Arlen Specter, 78, of Philadelphia who is a member of an endangered species – moderate Republicans, a breed that is rapidly dying out.

(Editor's Aside: In a Waldorf-Astoria elevator, Sen. Specter asked the editor, a fellow cancer survivor, how he got back his head of full hair. The response was: "That's how it turned out after my chemotherapy" to which Specter replied, "It didn't (happen) for me.")

As Specter traveled from event to event surrounding Pennsylvania Society weekend, Dec. 13, you could not help hearing the conversations in his wake, some whispered, some said out loud: "He'd better vote the right way on card check next year."

Card check is expected to be a major vote in Congress early next year and it has been labeled by some in organized labor as "the most important congressional vote in the past 50 years."

Under current law, if enough employees of a business sign a petition, the company has to allow a secret ballot election to be held and if a majority vote for a union, then the employees are unionized.

 
Arlen Specter

Now, unions want to change that process so that if a majority of employees sign cards staying they elect to unionize, the union is installed. It skips the secret ballot election step and thus, an opportunity for management to make its case against unionization, after a majority of workers have signed. Also, the signed cards are evidence of who did and did not vote for a union so the secrecy of the ballot is compromised for workers.

Companies and conservatives maintain card check – the generic name for the Employee Free Choice Act – will give an unfair advantage to union organizers who will apply pressure directly or use peer pressure to get wavering or non-signing employees to vote to unionize.

In an economic climate where union membership is generally dwindling and unions are trying to hold the fort on contracts that give its members better health care and higher-than-average wages when companies are cash-strapped, card check has become the new rallying cry of the business community.

Specter, who will turn 80 in 2010 when he is next up for re-election, has stated emphatically he will seek an unprecedented sixth term in the U.S. Senate from Pennsylvania two years from now. He has vowed to raise upwards of $30 million just for a potential primary fight.

In 2004, Specter faced his greatest electoral challenge ever in the Republican primary when conservative Pat Toomey, a former congressman from the Lehigh Valley, came within 14,000 votes of upsetting Specter in the spring primary. It was Specter's closest call ever.

Toomey, now the national president of the conservative Club for Growth, has hinted he may challenge Specter again next year and has theorized his chances, if anything, have improved because many moderate specter-loving Republicans, especially in the Philadelphia suburbs, left the party earlier this year to vote for Barack Obama or Hilary Clinton in the Democratic primary.

Also in 2004, Specter had significant backing from President George W. Bush and conservative U.S. Sen. Rick Santorum, who are both off the political radar screen this time around.

Toomey said it is unlikely this year's party-switchers will return to the GOP fold simply to help Specter.

After his near-death primary with Toomey, Specter in 2004 won an easy general election against Democrat Joe Hoeffel, now a Montgomery County commissioner. So it's generally held that Specter's greater challenge is from the right (Toomey or a Toomey-like Republican) rather than the left (a Democratic challenger). In past general elections, many Democrats and many unions have supported Specter.

Capitolwire, the Harrisburg-based Internet news service, reported this week that one Specter donor and GOP power broker said this on an anonymous basis:

"If Sen. Specter votes with business on card check, he may not get a real primary opponent at all. And if he does, big business will be with Arlen, right down the line, $30 million worth, just as he planned. Without the right vote on card check, that Arlen plan for $30 million is in a little trouble. That is how big the issue is shaping up to be."

Capitolwire columnist Pete DeCoursey raised this question: Who can Specter best afford to enrage? The unions or the companies? Does he want to make his primary tougher or his general election?

For the moment, Specter is staying neutral. He told DeCoursey: "…the topography changes so much, it is a good idea to wait and see what develops. I am keeping an open mind."

Since his primary challenge is harder, some speculate that Specter may decide to antagonize the unions, since he would still have nearly two years to woo them back in his fold.

But some union leaders are not inclined to give Specter such slack. "For us, this is the single most important piece of legislation in 50 years," Andy Gaffney, of the AFL-CIO Southeastern Pennsylvania labor federation told Capitolwire. "Any senator that votes against the Employee Free Choice Act (card check) is not going to have the support of organized labor."

Gaffney said that this spring the labor movement will mount one of its greatest grassroots campaigns to get card check through a Congress, greater controlled by Democrats than at any time in recent history. But some Democrats who hail from non-union states, such as the South, or conservative regions of union-friendly states, may not be able to vote for card check so some Republican support will likely be needed.

Some Democrats interested in Specter's Senate seat, such as MSNBC commentator Chris Matthews, may get in the race, hedging their bets that Toomey or another conservative Republican will upset Specter in the primary this time. Their thinking is that a moderate Democrat will have a better than 50-50 chance of prevailing against any Rick Santorum clone in a general election.

So back to the giant trash compactor: Does Sen. Specter prefer to squeezed in the primary or the general election?


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Holding the line
Scarnati plans to impose fiscal discipline on a caucus known for small but potent break-away voters

Senate President Pro Tem Joe Scarnati, R-Jefferson, says the state's up to $2 billion budget hole for this year, and maybe a bigger one next year, is not going to solved by a tax hike.

Not an income tax hike or a sales tax hike, or "loophole-closing" like "combined reporting" on businesses which Gov. Ed Rendell favors to end a tax benefit that corporations now get for having headquarters outside the state (most likely, Delaware) but operations and employees within Pennsylvania.

"If we are going to vote to spend more, and to raise taxes, why would people vote Republican?" Scarnati told the Harrisburg-based news service Capitolwire. "Why would they? We saw that in the last few elections, so we have to govern like Republicans, and cut spending."

Of Senate Republicans, Scarnati said: "There is no litmus test to be in our caucus, but we are unified in fiscal conservatism. I think we've established ourselves as a caucus that is not going to take a tax increase."

Since Pennsylvania adopted the income tax nearly 40 years ago, every fiscal crisis or revenue shortfall of even half this size has been met with a tax hike.

Scarnati plans to change that history, and already has severely limited his room to maneuver in solving the current revenue crisis or the larger one expected in the next fiscal year that starts on July 1.

 
Joe Scarnati

Gov. Ed Rendell says this year's budget alone will probably bring in $1.6 billion less than expected. House and Senate Appropriations Committee staffers from both parties say $2-billion-plus is more like it.

House Appropriations Chairman Dwight Evans, D-Philadelphia, responded to Scarnati's plan by asking "How long has he been in leadership?"

Two years is the answer. Just to remind you, nine years ago, Scarnati lost a primary bid to former Sen. William Slocum. Then the feds indicted Slocum for illegal sludge-dumping while he was a borough manager and Scarnati ran as a third-party candidate against Slocum as well as a Democrat and won in a three-way general election scrap.

Then, two years ago, Senate President Pro Tem Robert Jubelirer, R-Blair, lost his primary re-election bid and the Senate had to cast about for a successor to the man who had run that caucus for almost 26 years.

Scarnati defeated Sen. Jeffrey Piccola, R-Dauphin, by a single vote for that post, and then earned the respect of his colleagues by his handling of the Senate elections in 2008, keeping all of the seats they previously held and adding a surprising one in Beaver County that Democrats had controlled for decades.

Who funded most of that effort? Joe Scarnati, with almost $2 million he raised over the past two years and largely spent in a two-month election spree leading up to Nov. 4. And who pitched in the money to save Piccola's seat against a strong late challenge? Scarnati did it.

Then Scarnati gave Piccola a chairmanship Piccola will enjoy: the Education Committee, where Piccola, a trenchant critic of the public education establishment, will have lots to review and criticize and highlight. That kind of ability to put past battles behind and to mend fences has strengthened Scarnati in the caucus. And it didn't hurt when USA Today pointed that the Pennsylvania Senate is the only legislative chamber in the Northeast Corridor north of Virginia that is controlled by the GOP.

Then, this fall, Lt. Gov. Catherine Baker Knoll died and Scarnati succeeded to that post. So internally and externally, Scarnati starts off the year in as strong a position as he could ever hope to be.


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A late-breaker?
Can Scarnati in forcing a no-tax-hike state budget construct his own platform to run for governor?

Look at his history. It was unlikely he could win as a third-party candidate, but he did. It was unlikely that he could win Senate President Pro Tempore in the middle of his second term against a veteran lawmaker. But he did.

So there is no reason to think that Joe Scarnati can not make history again. And he knows that to do that he has to stand firm and force the other caucuses and Gov. Rendell to abide by his no tax-hike policy.

Does that mean the Jefferson County Republican will succeed? No, but it does mean Scarnati is deadly serious about going for deep state budget cuts instead of any kind of general tax increase on businesses or individual taxpayers.

Dwight Evans, who is now the only Appropriations Committee chairman of more than two decades vintage, notes "there are ways these things (tough budgets) happen that you only know if you have been through a few of them."

And he says: "I don't say months before the budget what we will do when we write it, and I have done a few of these," he notes, in his 18 years as chairman and 28 years on the committee. "I let the data drive the decisions. That is what you learn on this committee and in this body. … And look, Schweiker did a tax package. Ridge did a tax package, Thornburgh did a tax package. You won't hear me make Patton-like statements about what I will do and what I won't do."

Former Senate GOP leaders admire Scarnati's boldness and goal-setting, but are unsure if he can surmount a problem that kept them from adopting a goal like his, much less achieving that goal -- the moderate wing of the caucus make up of southeastern (Philadelphia suburban) Republicans.

The history of the Rendell policy agenda has been that most of the House and Senate GOP fight it, but in the end, the southeastern caucus in the House and Senate break ranks or threaten to do so, and the Rendell measure passes, in some lightly-diluted or amended form.

That has been especially true on tax measures, and many Republicans wonder if Scarnati will be better at keeping those southeasterners as interested in fiscal conservatism when the budget is done, especially if a tax-hike-free budget means their money for pet projects and programs is disappearing.

He told Capitolwire, the Harrisburg-based Internet news service: "I have confidence in our southeast members and our caucus as a whole that we will stay together, and remain united against taxes and for fiscal conservatism.

"And we will do the right thing and we will do it differently. If that means bucking a trend, well we have bucked trends before. … I didn't come here in a traditional way; I ran as an independent candidate, I'm not here to spend 30 years here. When I leave, I want to be able to go back home and tell people I did the right thing. That is the most important thing to me. So if Dwight wants to imply that I am naïve, that's fine. I want to do things the right way and I believe we will, in the Senate Republican Caucus and the Legislature as a whole.

"I am not going out of this Senate by casket and neither by the ballot box, but when I am ready to go do something else."

If he can succeed at this bold goal, Scarnati would not only have made modern legislative history, he also very well could catapult himself into the front ranks as a gubernatorial contender for 2010.

The business leaders and politicos at the Pennsylvania Society Weekend kept adding his name to the list of gubernatorial contenders, even though Scarnati has failed to do so far (although he hasn't ruled it out, either).

But he is the only one who has to make legislative history first, and then get into the governor's race – perhaps later than other gubernatorial hopefuls such as Attorney General Tom Corbett, former U.S. Attorney Pat Meehan and U.S. Rep. Jim Gerlach, R-Chester County.

But look at Scarnati's career. It won't be the first time he's defied probability.


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Pa. Society tidbits
The annual black-tie hobnob up in New York remains the ultimate staging ground for 2010 candidates

A political event as amorphous as the Pennsylvania Society lends itself not to one major story but several mini-ones. This is how the Insider saw it:

1. Chris Matthews a No-Show. In December of 2004, it was Lynn Swann, in his run-up to seeking the governorship in 2006. A year later, it was Bob Casey Jr., just before he ran successfully for U.S. Senate and won. And back in December of 2000, it was Casey and ex-Philadelphia Mayor Ed Rendell, back when they were vying for governor. In December of 1993, it was Tom Ridge and Ernie Preate going for the gubernatorial gold.

This year, it was MSNBC TV political analyst Chris Matthews who has been flirting with running for Senate in 2010 as a Democrat against U.S. Sen. Arlen Specter, R-Pa. Even though Matthews would have been the "peacock at the party" in the words of his brother, Montgomery County Commissioner Jim Matthews, he did not attend.

Matthews instead has the rest of the holiday season before he has to tell his employers at NBC if he wants to stay as a TV star or start running for the Senate. Jim Matthews says his brother loves his job as the host of MSNBC's "Hardball," but top Democrats say he is already telling him the house number on DeLancey Street that he plans to buy when he moves to Philadelphia to run for Senate.

 
Chris Matthews

One thing is for sure: the state's business and political class missed one of the main joys of that weekend in Manhattan, a chance to get a preview of the coming political attractions. Matthews' no-show, especially when his brother told him of the importance of being there, is being viewed as a sign that he will remain a broadcaster and stay off the playing field.

2. Other Democratic Specter challengers playing it quiet. While Matthews did not appear, several other possible Democratic challengers were there, but none would confirm they would run. Auditor General Jack Wagner would only say that he would likely, but not certainly run for senator or governor in 2010, and would decide later. U.S. Rep. Allyson Schwartz, D-Montgomery, isn't ruling it out, but is hardly chasing it with the ardor or all-but-announced gubernatorial candidates Dan Onorato or Don Cunningham, who respectively are the executives of Allegheny and Lehigh counties.

The candidate pursuing the Democratic Senate nomination most fervently at this point is state Rep. Josh Shapiro, D-Montgomery, but he isn't talking about it publicly either and he could run for lieutenant governor or some other office. Oddly, the general feeling is that Matthews won't get a clear field in the primary, if he runs, but the field might clear if he does not.

And the secret wish among the Democrats considering a Senate run is that Specter will either not run or get beaten by a right-wing candidate in his own party primary and then the Democratic nominee can run center-left of the wing-nut and win.

3. Radio silence on Supreme Court. With six appellate court seats to be filled in 2009, Pennsylvania Society should have been a hotbed of rumors about who will run. Instead, the power-brokers of Pennsylvania politics, when asked even about the Supreme Court this past weekend, changed the subject, mostly out of lack of interest. Only a few even bother to mention the candidates: state judges Joan Orie Melvin, Jackie Shogan, Cheryl Allen and Philadelphia Judge Paul Panepinto on the GOP side, and state judges Jack Panella and Christine Donahue on the Democratic side. With only weeks to go before both parties endorse, that just shows you how much political oxygen the 2010 races are drawing away from 2009.

4. GOP Governor hopefuls circulate. The biggest draws at the receptions and parties were the candidates for governor: Attorney General Tom Corbett and U.S. Attorney Patrick Meehan and late-announcing surprise addition to the field, U.S. Rep. Jim Gerlach, R-Chester. As with the other offices, much attention was given and much notice made to the non-appearance of former Congressman Pat Toomey, who is pondering a run for Senate or governor in 2010. As with most no-shows, Toomey's refusal to appear was read as lack of interest in running. This is especially true since unlike most who want to run against the establishment, the business titans who attend Pennsylvania Society include a fair share who would back Toomey even though a majority will likely favor Specter (See accompanying story).

But while Corbett is ranked as the front-runner, Gerlach's entry into the race means 2009 is essentially an eastern power broker primary for Gerlach to become the eastern candidate against former U.S. Attorney Pat Meehan. Corbett is definitely going to run, and the question is, by the end of this coming year, which of Gerlach or Meehan will emerge as his eastern rival going into the 2010 Republican State Committee endorsement process and primary?

Meehan has the support, at least for now, of much of the old guard party chairmen in the east, while Gerlach is a Lawrence County native who moved east and then won elections for successively state House, state Senate and Congress. A guy with western Pennsylvania roots and a proven electoral record in eastern Pennsylvania is a combination that can not to be lightly dismissed. But Meehan starts with an edge.

And don't forget, while Gerlach's staff likes to remind people that he won a tough Congressional district four times in a row, it is also true that Corbett won it twice, while running for attorney general.

So watch this race as Meehan and Gerlach duel for the east and Corbett tries to cement his alliances in the rest of the state and pick off key eastern fund-raisers and power brokers. Of course, none of these are "official" candidates, but all spent so much time talking frankly to prospective supporters that all talked more like candidates at Pennsylvania Society than they have or will in public for months.

5. Democratic governor candidates. Allegheny County Executive Dan Onorato and Lehigh County Executive Don Cunningham held fancy parties at the Waldorf-Astoria. Millionaires Tom Wolf of York and Tom Knox of Philadelphia were omnipresent, as was Auditor General Jack Wagner, who also held a well-attended reception. Wagner is still not saying whether he will run for governor or Senate in 2010. Onorato and Cunningham are, all but announced candidates. Knox and Wolf are more circumspect and Wagner just smiles and waits.

Onorato says he will exceed the $3.5 million he was expected to have in his campaign kitty by the end of the year, Cunningham will be far behind in dollars but is working hard to position himself as the socially-liberal, but fiscally-sound alternative to Onorato, and the rest are lining up supporters.

6. Specter's suspect joke telling. By telling a Polish joke at a Republican reception the Rainbow Room in New York, U.S. Sen. Arlen Specter, R-Pa., got into the pages of the New York tabloids, when some of those who were listening were offended. (Specter: "Did you hear the one about the Polish person?" "I'm Polish." "Oh, let me tell it slowwwwly.")

According to those who attended a second speech he gave at the Saturday morning seminar of the Pennsylvania Manufacturer's Association that was only one of the off-color jokes he told to large crowds during the weekend. During that meeting, he told the crowd that Dan Quayle's worst mistake wasn't misspelling potato by adding an "e" to the end, it was thinking "harass" was two words. One of his female audience members said she was offended, and some of Specter's supporters have asked him to shelve the comedy, at least until after the 2010 election. But to be honest, Specter is 78, and if he loses next time, it will take something more than a risqué or politically incorrect joke.


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