The Potential Train Wreck in Pennsylvania

Doug Mastriano is the Republican nominee for Governor in Pennsylvania. Set aside the issue of whether you think that he would be a good or bad Governor. The deeper problem is that it's unclear whether he is eligible to serve as Governor. 

There are serious allegations that Mastriano engaged in insurrection under Section Three of the Fourteenth Amendment before and during the January 6th violence. Pennsylvania election law, though, may not have a process under which these allegations can be evaluated. (I'm no expert on that state's election law, there is at least no obvious challenge process at this stage.) This means that Pennsylvania voters cannot be sure on Election Day if Mastriano can serve. Only if he wins can that question be answered. For instance, the Pennsylvania Constitution can be read to say that an election contest for Governor can be resolved by the State Legislature. Or perhaps a quo warranto action can be brought against the Governor to test whether he is, in fact, the legal Governor.

Needless to say, this is a bad scenario. Pennsylvania would be better off knowing Mastriano's status before the election, not after he wins. Doubts about the eligibility of a legislator are not as time sensitive because no individual legislator matters that much. The same is not true for a state executive officer, especially one with broad powers like a Governor, a State Attorney General, or a Secretary of State.