Judge unseats Stinson; Marks to fill vacancy

Alum holds balance in senate In an unprecedented move, U.S. District Court Judge Clarence Newcomer ruled that Democrat William Stinson must vacate his State Senate seat and be replaced by University alumnus Bruce Marks, a Republican. Newcommer ruled that Stinson's election to the State Senate for the Second District is invalid because a significant number of absentee ballots were found to be fraudulent. In his 37-page decision, Newcomer said that fraud was so extensive that none of the 1,757 absentee ballots cast in the predominantly black and Latino wards of the District could be counted. In votes cast on election day last year -- before any absentee ballots were cast -- Marks defeated Stinson 52 percent to 48 percent. In his ruling, Newcommer alleged that Democratic City Commissioners Margaret Tartaglione and Alexander Talmadge, Jr. and Elections Supervisor Dennis Kelly were directly involved in the effort to fraudulently round up absentee ballots. "There was a massive conspiracy on the part of the Stinson campaign and the Democratic Political machine, as administered by the city commissioners to steal the election," Marks said in a telephone interview last night. "I think it's pretty obvious that there were a lot of people involved in the scandal. "I think it's a dramatic victory when voters are given the opportunity to prove fraud in an election," he added. "[The voters and I] have developed a real bond as a result of this." Marks said he is currently designated as senator-elect and should be sworn in before the senate reconvenes on March 14. The senate decided earlier this month to adjourn until a ruling had been made in the case. When Marks is sworn in, he will tilt the party balance in the senate, and yield control to the Republicans. With control of the senate also comes control of the committee chairpeople, who are currently Democrats. This means, among other things, that the Democrats will lose control of the powerful appropriations committee, of which Sen. Vincent Fumo is the chairperson. Because Fumo heavily lobbied for the University in Gov. Robert Casey's most recent budget, the decision could spell trouble for the proposed $35 million in state funding given to the school. "I'm certainly supportive of Penn," Marks said. "I am supportive of higher education in Pennsylvania." Marks, who graduated from the College of Arts and Sciences in 1979 and the Law School in 1984, said the Veterinary School is particularly important because it is the only one in the state. "I will do what I can to encourage the Republican members of the Senate to look at Penn," he said. Although Marks was relieved yesterday, he said he is disappointed that city leaders, such as Mayor Ed Rendell, do not support him. "It was a deep disappointment that [Rendell] would be condoning this behavior," Marks said. As of last night, Rendell had no comment, according to his spokesperson, Kevin Feeley. The Philadelphia Inquirer contributed to this story.