2010 Pennsylvania's 12th congressional district special election

Background

Though the late Representative, Murtha, the longest serving congressman in the history of Pennsylvania, was consistently re-elected to his seat by large margins, the special election was expected to be competitive.

The 12th district is predominantly rural, and represents the coal and manufacturing industries, which have suffered in recent decades. It was the only congressional district in the United States which gave a majority of its vote to Republican nominee John McCain in 2008 after voting for Democratic nominee John Kerry in 2004. A poll conducted by Public Policy Polling (PPP) in May 2010 found President Obama with an approval rating of 35 percent, with 55 percent disapproving. A PPP poll conducted in April found Speaker of the House of Representatives Nancy Pelosi, U.S. Senator Arlen Specter, and Pennsylvania Governor Ed Rendell (all Democrats) to be "exceptionally unpopular", though 55 percent of the district identify as members of the Democratic Party.

The special election result was considered likely to have ramifications on the national political environment, as an opportunity for Republicans to follow up their victory in the U.S. Senate special election in Massachusetts in January 2010 in a district of the sort they intend to target in the November 2010 elections. National issues, including health care, government spending, cap-and-trade legislation and the role of government.{{cite news|url=http://voices.washingtonpost.com/thefix/house/why-pennsylvanias-special-elec.html|archive-url=https://web.archive.org/web/20120927060444/http://voices.washingtonpost.com/thefix/house/why-pennsylvanias-special-elec.html|url-status=dead|archive-date=September 27, 2012|title=Why Pennsylvania's special election matters more|date=May 5, 2010|access-date=May 8, 2010|newspaper=The Washington Post|first=Chris|last=Cillizza|author-link=Chris Cillizza

On election day, CQ Politics, The Rothenberg Political Report, The Cook Political Report, and Tom Jensen of Public Policy Polling all characterized the race as a tossup.

Democratic nomination

Candidates

Ran for nomination

• Ryan Bucchianeri, United States Navy veteran
• Ed Cernic Jr., Cambria County Controller
• Mark Critz, Murtha's district director
• Barbara Hafer, former Pennsylvania Auditor General and Treasurer

Declined to run

• Tom Ceraso, Westmoreland County Commissioner, endorsed Ed Cernic Jr.
• Jack Hanna, chair of the Pennsylvania Democratic Party's southwest caucus
• Joyce Murtha, Murtha's widow, endorsed Mark Critz
• Albert Penksa, former Cambria County Controller, endorsed Mark Critz
• Mark Singel, former Lieutenant Governor of Pennsylvania announced his intention to run on February 19, 2010, but withdrew from the race on February 25 and endorsed Mark Critz.
• John Wozniak, state Senator

Campaign

On March 6, 2010, a panel of Democratic officials from the 12th district recommended Mark Critz as their preferred Democratic nominee. Critz received 46 of 83 votes cast, while Barbara Hafer received 22, Ed Cernic Jr. received 14, and Ryan Bucchianeri received one vote. The Pennsylvania Democratic Party's Executive Committee will make the final decision on their party's nominee on March 8; however, they are expected to follow the non-binding recommendation of Critz made by local officials. T.J. Rooney, chair of the Pennsylvania Democratic Party, said "The members of the Executive Committee will certainly take these results under consideration this Monday when they decide our nominee." On March 6, the Democratic committee of Washington County declared that it would hold its own separate straw poll.

In early March, Hafer criticized the nominating process used by the state Democratic Party, describing the vote by 12th district Democrats as "flawed and non-transparent and non-democratic". She also criticized Critz over his ties to controversial earmarks obtained by Murtha, and questioned Critz's electability against the Republican nominee.

Bucchianeri and U.S. Air Force veteran Ron Mackell Jr. ran for the Democratic nomination for the general election; it was therefore possible that Critz could win the special election but lose the primary for the November general election. Hafer had initially planned to run for the Democratic nomination in the general election, but withdrew on March 10, 2010, saying "He won both nominations, and I just think that it's time for me to step aside and let him go forward. There's no sense in me beating him up."

Results

On March 8, the Pennsylvania Democratic Party Executive Committee followed the recommendation of the district officials by nominating Mark Critz. Of the 49 votes cast by the Committee members, Critz received 30, Hafer received 18, Bucchianeri received one and Cernic received zero. Critz said "I'm honored to have the state committee's endorsement," while Rooney described Critz as "a phenomenal candidate".

Republican nomination

Candidates

Ran for nomination

• Tim Burns, businessman
• Bill Choby, three-time former candidate for the 12th district
• Ron Robertson, businessman
• William Russell, 2008 Republican nominee
• Luke Summerfield

Declined to run

• Diana Irey, Washington County Commissioner and 2006 Republican nominee, endorsed Tim Burns
• Mark Pasquerilla, chief executive officer of Crown American, endorsed Democratic candidate Mark Critz
• Jeff Pyle, state Representative
• Dave L. Reed, state Representative
• Kim Ward, state Senator

Campaign

Businessman Tim Burns began his campaign for the Republican nomination on March 3 at the Surf & Turf Inn in Johnstown, the site of his first job. Burns said "We have to get Congress to focus on creating jobs, lowering taxes and fixing Washington for the future of our children."

Results

Republicans from the 12th district met on March 11, 2010, in Latrobe, to choose their nominee. In a speech prior to the nomination vote, Burns referred to his support for the Tea Party movement, articulated his positions on the current plans for health care reform, United States energy independence and the national deficit, and described his nomination as "an opportunity to put a common-sense conservative in a seat that has long been held by a political insider". Russell said that "The party doesn't want a candidate that's connected to the people, they want one with money. While unfortunate, this is what we expected."

Libertarian nomination

Demo Agoris, a businessman, former Houston borough councilman and unsuccessful candidate for the Pennsylvania House of Representatives, received the Libertarian Party nomination. Michael Robertson, the chair of the Libertarian Party of Pennsylvania, said Agoris "offers real change" for residents of the 12th district. Agoris has said he is running "To bring to light the agenda of the Libertarian Party and how the left and right agenda is destroying America and selling out America to foreign investors."

General election

Campaign

The fact that the special election coincided with contested Democratic gubernatorial and U.S. Senate primaries may have led to increased voter turnout among Democrats, benefiting Critz; however, Jack Hanna, the chair of the Pennsylvania Democratic Party's southwestern caucus, said "There's going to be a lackluster turnout in part because of the governor's race not generating the kind of interest that usually occurs, especially with an open seat." The special election coinciding with the primary also meant that Critz and Burns were running against one another, while also running against opponents from within their own parties in the regularly scheduled primary. On March 19, 2010, Republican candidate William Russell, who lost the Republican nomination to Burns and also ran against Burns in the regularly scheduled primary, stated that he would not directly support Burns as a protest against the process by which Burns was selected, saying "I won't support a process that is not open and free." Russell also said he would vote for himself as a write-in candidate in the special election. Burns's campaign manager said that Burns would focus on the special election rather than the simultaneous primary, saying "If we can get enough support going in the special then we'll have the primary too." The candidacy of Libertarian Party nominee Demo Agoris may also have detracted from Burns's share of the vote.

In March 2010, Robert Gleason, chair of the Republican State Committee of Pennsylvania, described a Republican victory as "doable".

Burns announced his opposition to the Patient Protection and Affordable Care Act at a "Kill the Bill Rally" on March 19, describing the bill as "probably the worst piece of legislation in American history". He went on to tell the crowd that he had asked Critz to "simply state his position" on the bill, but had not yet seen a statement from Critz.

On March 30, Critz received the endorsement of the Pennsylvania AFL-CIO. The next day, Burns received the endorsement of Minnesota Governor Tim Pawlenty. Former Speaker of the House Newt Gingrich campaigned for Burns on April 22, while Vice President Joe Biden campaigned for Critz on April 23. On April 26, Burns received the endorsement of former Governor of Alaska and 2008 vice presidential candidate Sarah Palin; while on April 28, Critz received the endorsement of the United Steelworkers. On May 3, 2010, Burns announced that Republican U.S. Senator Scott Brown of Massachusetts would campaign with him in Washington, Pennsylvania on May 14. The same day, Critz announced that Democratic Governor Joe Manchin of West Virginia would join him at a campaign event.

Burns' first television advertisement began airing on March 31, while Critz's first advertisement was launched a day later. On April 9, the National Republican Congressional Committee (NRCC) reported having spent $200,000 on Burns's campaign. Critz's campaign also ran advertisements stating his opposition to "tax breaks for companies that outsource jobs overseas", while Burns criticized Critz's relationship with Murtha's ethics scandals. to which Critz responded by releasing an advertisement stating he had opposed the legislation. Critz also described himself in the advertisement as "pro-life and pro-gun." Critz later said he would not support repeal of the legislation, following which Burns accused him of "playing both sides of the issue" on health care.

Burns was criticised for having served as an executive in a healthcare company which deferred taxes on income earned overseas. Critz was criticised for his record as John Murtha's director of economic development, in which unemployment rates rose in every county within the 12th district.

In an interview with RealClearPolitics on April 22, Burns referenced a controversial comment made by then-presidential candidate Barack Obama in April 2008, in which Obama said people in rural Pennsylvania "get bitter, they cling to guns or religion … as a way to explain their frustrations." Burns said "People do cling to their Bibles and their guns here. And I wouldn't apologize for it and people are not embarrassed by it."

Burns's campaign website crashed on April 23, during a moneybomb focusing on Joe Biden's visit to the district. Spokesman Kent Gates initially cited "a problem with the hosting company", Gates told The Hill ""it is true that the site was hacked at some level" and that a "disgruntled employee" may have been responsible.

As of May 7, 2010, Burns had a cash on hand advantage over Critz, with US$308,000 to Critz's $73,000. The National Republican Congressional Committee has spent $728,000 on Burns' behalf, while the Democratic Congressional Campaign Committee has spent $341,000 in support of Critz.

Debates

Burns and Critz attended a debate held on May 5, 2010, in Johnstown, Pennsylvania. The candidates addressed issues including Social Security privatization (which Burns promised to oppose), the FairTax proposal (which Burns said would not be practical), and Critz's relationship with the "liberal agenda" (Critz reiterated his opposition to the health care reform legislation passed by Congress, while Burns advocated repeal).

Polling

Results

By county

Aftermath

On election day, Critz prevailed over Burns by a greater than expected margin of 52.6 percent to Burns's 45.1 percent. Critz's election was the eleventh straight Democratic victory in special elections to the House of Representatives.

Burns, in his concession speech, said "I didn't get in this race to win an election, I got in this race to play my small part in helping to save this country. This isn't a loss – this is a setback."

The Pennsylvania Republican Party and Burns's campaign planned to file a complaint in response to allegations that Critz was campaigning inside polling places on election day, and that "about 170" voters in Fayette County were given two ballot papers for the special election.

Michael Steele, chair of the Republican National Committee issued a statement saying Burns had "pushed his Democratic opponent to the wire by campaigning against the liberal agenda of national Democrats … This race should serve notice to Democratic officeholders everywhere that no seat is safe and that voters will not accept business-as-usual." Former Republican U.S. Representative Tom Davis, however, asked "If you can't win a seat that is trending Republican in a year like this, then where is the wave?"

Stuart Rothenberg of the non-partisan Rothenberg political report, however, has stated that even though Democrats were able to win a competitive race to hold on to Murtha's former seat, "But the road doesn't necessarily get easier for Democrats. Critz was pro-life, pro-gun, and opposed the health care reform bill that many vulnerable Democratic incumbents supported." Rothenberg still predicts that Republicans will make substantial gains, which suggests that this could be a pyrrhic victory for Democrats comparable to the Republican win in 2006 special House election in California's 50th congressional district in which the ruling party managed to hold onto a district in a special election, but still lost control of Congress months later.

Critz and Burns each received their parties' nomination for the regularly scheduled general election for the seat and faced each other again in November 2010 for a full two-year term, with Critz beating Burns for a second time.

Notes

:1. Poll conducted on behalf of the Democratic Congressional Campaign Committee. :2. Poll conducted on behalf of Mark Critz's campaign. :3. Poll conducted on behalf of the American Action Network, a conservative organization. :4. Ulm is a Republican strategist and pollster.

References

References

1. Worden, Amy. (May 19, 2010). "Murtha aide wins his seat". [[The Philadelphia Inquirer]].
2. Kraushaar, Josh. (February 9, 2010). "Pa. seat is latest Democratic worry". [[Politico]].
3. Condon, Stephanie. (February 9, 2010). "Murtha's Death Leaves a Toss Up Race, One Less Dem Health Care Vote". [[CBS News]].
4. (February 9, 2010). "Murtha's Death Turns Seat Into Likely Battleground". [[Fox News Channel.
5. Becker, Bernie. (March 8, 2010). "Dems Choose Nominee for Murtha Seat". [[The New York Times]].
6. (February 9, 2010). "Murtha's death sets stage for marquee House race".
7. (May 16, 2010). "PA-12 close at the finish". [[Public Policy Polling]].
8. Jensen, Tom. (April 20, 2010). "Burns leads Critz 44-41". [[Public Policy Polling]].
9. Kraushaar, Josh. (March 12, 2010). "Pennsylvania race could go national". [[Politico (newspaper).
10. Kaplun, Alex. (February 26, 2010). "Pa. Special Election Shaping Up as Another Early Test of 2010 Climate". [[The New York Times]].
11. (May 7, 2010). "Republican Burns Running For Murtha's Vacant Seat". [[KDKA-TV]]}}{{Dead link.
12. Cillizza, Chris. (May 14, 2010). "Pennsylvania special election could be 2010 pivot point". [[The Washington Post]].
13. Schaller, Tom. (May 17, 2010). "What PA-12 Means for PA-Sen, Pelosi's Majority -- And, oh, PA-12". [[FiveThirtyEight]].
14. Miller, Sean J.. (May 18, 2010). "Dems play expectations game in PA-12". [[The Hill (newspaper).
15. Fifield, Anna. (May 6, 2010). "Burns' rhetoric sets Democrats on edge". [[Financial Times]].
16. Toeplitz, Shira. (February 10, 2010). "Special to Replace Murtha Highly Competitive". [[Congressional Quarterly.
17. Rothenberg, The. (July 5, 2010). "The Rothenberg Political Report". Rothenbergpoliticalreport.blogspot.com.
18. Weigel, David. (May 13, 2010). "Cook: GOP chances up in Hawaii's 1st, down in Pennsylvania's 12th". [[The Washington Post]].
19. Catanese, David. (February 17, 2010). "Murtha special election set". [[Politico]].
20. (February 22, 2010). "Cambria County Official To Run For Murtha's Seat". [[WPXI]].
21. Hirschhorn, Dan. (February 23, 2010). "Critz: 'I kept my aspirations private'". pa2010.com.
22. O'Toole, James. (February 16, 2010). "Hafer to enter race for Murtha's U.S. House seat". [[Pittsburgh Post-Gazette]].
23. Cholodofsky, Rich. (February 26, 2010). "Westmoreland commissioner Ceraso won't fill Murtha's 'big shoes'". [[Pittsburgh Tribune-Review]].
24. (February 16, 2010). "12th District notes: Hanna, Irey not interested". [[Dan Hirschhorn.
25. Zito, Salena. (February 22, 2010). "Joyce Murtha won't be running for John's vacant congressional seat". [[Pittsburgh Tribune-Review]].
26. Kraushaar, Josh. (February 26, 2010). "Mark Critz gets Joyce Murtha endorsement". [[Politico]].
27. Reabuck, Sandra. (February 19, 2010). "Former Lt. Gov. Mark Singel will run for seat held by John Murtha". [[The Tribune-Democrat]].
28. Hirschhorn, Dan. (February 25, 2010). "BREAKING NEWS: Singel drops out of 12th District race (Updated)". pa2010.com.
29. Wereschagin, Mike. (February 28, 2010). "Singel supports Critz for Murtha's House seat". [[Pittsburgh Tribune-Review]].
30. Roarty, Alex. (February 17, 2010). "PoliticsPA: Wozniak won't run for Murtha's seat". [[PoliticsPA]].
31. Johns, Arlene. (March 6, 2010). "NEW - 12th district Democrats recommend Critz for special election". [[The Tribune-Democrat]].
32. Romm, Tony. (March 6, 2010). "12th District Dems recommend Critz to run for Murtha's seat". [[The Hill (newspaper).
33. Kraushaar, Josh. (March 7, 2010). "Advantage: Critz". [[Politico]].
34. Roddy, Dennis B.. (March 6, 2010). "Washington County Democrats split with others over Murtha successor". [[Pittsburgh Post-Gazette]].
35. Roddy, Dennis. (March 3, 2010). "Hafer attacks opposition in bid for Murtha seat". [[Pittsburgh Post-Gazette]].
36. Singer, Paul. (March 10, 2010). "Critz Requests Release of Ethics Transcripts". [[Congressional Quarterly.
37. Wereschagin, Mike. (March 10, 2010). "Hafer backs out of race to replace late Murtha". [[Pittsburgh Tribune-Review]].
38. (March 21, 2010). "Cernic drops out of race for Murtha's congressional seat". [[Pittsburgh Tribune-Review]].
39. Toeplitz, Shira. (March 6, 2010). "Ex-Murtha Aide Gets Democratic Nod for Special Election". [[Roll Call]].
40. Faher, Mike. (March 8, 2010). "State Dems back Critz". [[The Tribune-Democrat]].
41. Roarty, Alex. (March 11, 2010). "UPDATED: Republicans pick Burns; Russell vows to fight on". [[PoliticsPA]].
42. Toeplitz, Shira. (February 22, 2010). "Pennsylvania: Pasquerilla Backs Murtha Staffer". [[Congressional Quarterly.
43. Roarty, Alex. "PoliticsPA: Republican field taking shape for Murtha's seat". [[PoliticsPA]].
44. Sojak, Frank. (March 3, 2010). "Burns launches campaign at site of first job". [[The Tribune-Democrat]].
45. Reabuck, Sandra K.. (March 1, 2010). "Parties set to make House picks". [[The Tribune-Democrat]].
46. Faher, Mike. (March 12, 2010). "GOP chooses Burns for special election in 12th". [[The Tribune-Democrat]].
47. Faher, Mike. (April 11, 2010). "House race has 3rd hopeful". [[The Tribune-Democrat]].
48. Cillizza, Chris. (March 12, 2010). "Five days in May". [[The Washington Post]].
49. Manganaro, John. (March 24, 2010). "For PA-12 hopefuls, not being the special election nominee means a daunting path". [[Dan Hirschhorn.
50. Toeplitz}}{{Dead link, Shira. (May 4, 2010). "Gubernatorial Turnout May Affect Murtha Special". [[Congressional Quarterly.
51. Wilson, Reid. (March 12, 2010). "Tim Burns' Awkward Position". [[The Hotline]].
52. Manganaro, John. (March 22, 2010). "GOP wants party unity, but Russel's not budging; will write-in himself for special". [[Dan Hirschhorn.
53. Manganaro, John. (March 29, 2010). "Hit on both sides, Burns focuses on one". [[Dan Hirschhorn.
54. Miller, Sean J.. (April 12, 2010). "Libertarian may cause GOP headaches in Pennsylvania special election". [[The Hill (newspaper).
55. Kiely, Kathy. (March 8, 2010). "PA Democrats pick candidate for Murtha's seat". [[USA Today]].
56. Johns, Arlene. (March 19, 2010). "Health bill foes rally". [[The Tribune-Democrat]].
57. Hirschhorn, Dan. (March 30, 2010). "AFL-CIO backs Pike, others in contested House primaries". pa2010.com.
58. Scheck, Tom. (March 31, 2010). "Pawlenty announces endorsements". [[Minnesota Public Radio]].
59. (April 20, 2010). "Gingrich to stump for GOP in race for Murtha seat". [[The Beaver County Times]].
60. Sherman, Jake. (April 13, 2010). "Biden will campaign for Murtha aide". [[Politico]].
61. Davis, Susan. (April 26, 2010). "Palin Endorses in Pa. Special Election". [[The Wall Street Journal]].
62. (April 28, 2010). "Steelworkers back Dem. in race for Murtha seat". [[WHP-TV]]}} {{Dead link.
63. Faher, Mike. (May 3, 2010). "Outsiders join in 12th district House race". [[The Tribune-Democrat]].
64. Ganassi, Michelle. (May 4, 2010). "Doo Wop icon campaigning for Critz". [[Daily American (Pennsylvania newspaper).
65. Hirschhorn, Dan. (March 31, 2010). "Burns launches first TV ad". pa2010.com.
66. Hirschhorn, Dan. (April 1, 2010). "Critz says he's on the air". pa2010.com.
67. Sahd, Tim. (April 10, 2010). "NRCC Playing In PA". [[The Hotline]].
68. Hendin, Robert. (May 13, 2010). "Tim Burns, Mark Critz Battle as Pennsylvania House Special Election Goes Down to the Wire". [[CBS News]].
69. Kraushaar, Josh. (April 12, 2010). "GOP ties Critz to health care". [[Politico]].
70. (April 17, 2010). "Pennsylvania Democrat denies supporting health care reform". [[CNN]].
71. Ponnuru, Ramesh. (April 30, 2010). "The Repeal Debate in PA-12". [[National Review Online]].
72. Miller, Sean J.. (April 12, 2010). "Corporate taxes become an issue in Pennsylvania's special election". [[The Hill (newspaper).
73. Ganassi, Michelle. (April 8, 2010). "Burns, Critz spar over job creation". [[Daily American (Pennsylvania newspaper).
74. Smith, Ben. (April 11, 2008). "Obama on small-town Pa.: Clinging to religion, guns, xenophobia". [[Politico (newspaper).
75. Memoli, Mike. (April 22, 2010). "Burns Aims For First GOP House Pickup". [[RealClearPolitics]].
76. Miller, Sean J.. (April 23, 2010). "Tim Burns website crashes amid fundraising push". [[The Hill (newspaper).
77. Miller, Sean J.. (April 30, 2010). "House candidate Tim Burns says website 'attacked'". [[The Hill (newspaper).
78. Toeplitz, Shira. (May 7, 2010). "Burns Flush With Cash With 12 Days To Go". [[Congressional Quarterly.
79. Faher, Mike. "Burns, Critz spar over campaign issues". [[The Tribune-Democrat]].
80. (May 6, 2010). "Mark Critz and Tim Burns debate in PA-12". [[The San Francisco Examiner]]}}{{Dead link.
81. "2010 Special Election for the 12th Congressional District". [[Pennsylvania Department of State]].
82. Schaller, Tom. (May 19, 2010). "Does Critz Victory Mean That Much?". [[FiveThirtyEight]].
83. Weigel, David. (May 19, 2010). "Tim Burns: The day after". [[The Washington Post]].
84. (May 19, 2010). "Controversies Surround Aftermath Of 12th District U.S. Rep. Election". [[WJAC-TV]].
85. (May 18, 2010). "Steele responds to GOP loss in Pennsylvania special election". [[CNN]].
86. (May 18, 2010). "Blogging the Primaries". [[The New York Times]].
87. Rothenberg, The. (May 19, 2010). "The Rothenberg Political Report: PA 12 Moved to Lean Democratic". Rothenbergpoliticalreport.blogspot.com.
88. Cillizza, Chris. (April 20, 2010). "Republicans tout new poll showing Pa. special election competitive". [[The Washington Post]].
89. "Gene Ulm (VA)". Public Opinion Strategies.