From the courtroom to the ballot box? Wertz, Laughlin could square off in 2024 election

On May 19, U.S. Rep. Mike Kelly sat in a Pittsburgh law office to be deposed for a defamation lawsuit filed by fellow Republican, state Sen. Dan Laughlin.

Both Kelly and Laughlin in July 2022 were the subjects of an Erie Reader column that focused on their actions following the 2020 presidential election and how another GOP lawmaker had asked President Donald Trump to issue sweeping pardons for members of Congress who voted to overturn the election results in Trump's favor or anyone who signed legal briefs as part of a Texas lawsuit that attempted to do the same.

Kelly, who had voted against certifying Pennsylvania's electoral college votes on Jan. 6, 2021, and also signed a friend-of-the-court brief in support of the Texas lawsuit, had called a press conference that month to protest the Erie Reader column and call on his then-Democratic opponent in his re-election campaign to denounce the piece.

Laughlin, on the other hand, stayed mostly silent. It wasn't until later, when he filed the lawsuit, that Laughlin argued that the column had unfairly targeted him for signing a separate brief. The friend-of-the-court brief Laughlin had signed explicitly stated that the signatories were not taking sides in the Texas election lawsuit.

In other words, while Kelly, a major Trump supporter was actively trying to overturn the election results, Laughlin, who has openly criticized Trump, was not, he contended. It's also why he took the column's author to court and Kelly did not.

Still, the seven-term congressman from Butler found himself surrounded by lawyers who peppered him with questions for 90 minutes on a Friday afternoon in May.

"I don't think I've ever read it in its entirety because I thought from the beginning, this is another one of those cheap acts that someone who is not courageous enough to run for public office himself does," Kelly said at one point.

Little did he know, but the author of the Erie Reader article, Erie County Democratic Party chairman Jim Wertz, had already been considering a run for office.

In fact, five days after Kelly's deposition, Wertz established the "Friends of Jim Wertz" political action committee with the state.

On Tuesday, Wertz announced he's resigning as party chairman and seriously considering a run against Laughlin, the two-term state senator whose district covers most of Erie County.

On Thursday, Wertz admitted that Kelly's comment about running for office served as a "spark" for him. He's likely to reach a decision on entering the race by the end of the year.

A marquee local race in '24

Though 2024 is a presidential election, and Pennsylvania voters will see a U.S. Senate race on the ballot in addition to all U.S. House races, a contest between Wertz and Laughlin would be the marquee down-ballot matchup for Erie County voters.

With Laughlin challenging Wertz in court and Wertz challenging Laughlin on the ballot, the race could provide plenty of drama for being both personal and politically consequential.

As emails unearthed through the discovery process show, Wertz and Laughlin, despite their different political affiliations and political posts, were at one time casual acquaintances, exchanging friendly messages about policy matters.

High stakes

Democrats in 2022 and through special elections in 2023 gained control of the House of Representatives and maintain a one-vote advantage, holding 102 seats to the GOP's 101. With Gov. Josh Shapiro's decisive victory last year, Democrats are looking to both maintain their House majority and take over the Pennsylvania Senate.

Currently, the GOP majority is 28 to 22, meaning Democrats need to flip four seats to have a majority. The 49th District seat will likely be among the four seats that both parties invest heavily in next year.

Though Laughlin won nearly 60% of the vote in his 2020 re-election bid against Democrat Julie Slomski, the 49th District is still viewed as vulnerable for the GOP because of its voter registration.

Laughlin has taken moderate stances on a range of issues, including abortion; Laughlin does not want current state law to change. He's personally opposed to abortion, but politically in favor of a woman's right to choose.

He's also appealed to more left-leaning voters by advocating for an increase in the state's minimum wage, and he was the first Republican in the General Assembly to come out in support of legalizing recreational marijuana. His past remarks about Trump have even led to rumblings within his own party about a potential primary challenge.

Laughlin says he does not know what issue Wertz will be able to run on given his record.

But Wertz said Thursday that if he runs he'll attempt to dispel Laughlin's perceived image of being a moderate.

"Dan Laughlin has tried to present himself as this moderate elected official," Wertz said. "He walks around Erie County touting his relationships with Democrats and policy that he claims to support that are things that tend to be strong with Democrats. But as policy chair, he hasn't attempted to move any one of those bills. He can introduce them all day long, but he hasn't even moved them. He hasn't even made them a priority in his own committees. Not to mention the fact that as long as there's a Republican majority in the Pennsylvania Senate, none of those bills have a chance, have a shot at daylight."

Wertz said his feelings about Laughlin changed after the 2020 election. Even if Laughlin contends that the amicus brief he signed wasn't intended to overturn the election, the purpose of it — to ask the Supreme Court whether Democratic officeholders overstepped their bounds by issuing election-related rules without legislative approval — could have posed a significant risk to voting rights had the court sided with proponents of the so-called independent state legislature theory.

Laughlin, on the other hand, wonders if Wertz is running to "take one for the team" because, he thinks, there are no other top-tier Democrats willing to challenge the state senator.

"On the lawsuit side of this, him running against me kind of seals the malice part of it," Laughlin said, referring to one of the key components of proving defamation in court. "So I view it as a little bit of a tactical error from that standpoint, too."

Laughlin's defamation lawsuit against Wertz and the Erie Reader is being heard in Erie County Common Pleas Court. Laughlin is seeking millions in damages, claiming, among other things, that the column placed him at risk of facing a challenger in the primary or general elections (or both) and therefore forcing him to spend more to run a successful campaign.

Wertz said he spoke with his lawyers about the impact a run against Laughlin might have on the lawsuit.

"It certainly changes the nature of things a little bit," he said. "And certainly, Dan will try to make it seem like it's part and parcel with this lawsuit. But I think the legal ground that we stand on is incredibly strong."

Democrats will meet at noon Saturday to fill Wertz's post.

Also on the ballot in 2024 will be all five Pennsylvania House of Representative seats that cover Erie County. All incumbents are expected to run for reelection, including state Rep. Ryan Bizzarro, who is also running for state treasurer.

More: Laughlin's suit unearths emails about his view of Kelly; Mastriano, Trump election lies

Matthew Rink can be reached at [email protected].

This article originally appeared on Erie Times-News: Erie Dem chair Wertz to step down, might challenge state Sen. Laughlin