CRANBERRY TWP — Two District 12 Democrats have challenged the candidacy of Daniel Smith, calling into question the legitimacy of the signatures needed to run as a Democrat in the district.

Smith needs 300 signatures from registered Democrats in the district to run for the state House seat. Petitioners Kevin Costello and Rizwan Mahmood challenged more than 45 of his signatures, and a hearing was held last week on the matter at the Allegheny County Courthouse before Commonwealth Court Judge Patricia McCullough.

“As a result of the hearing last Thursday, he’s at 299,” said Lawrence Otter, the attorney representing the petitioners “There’s two outstanding challenges that the judge has to decide. If he gets one of those challenges, he’s at 300.”

Even if McCullough rules against both of those remaining challenged signatures, there is one more question she will have to answer.

Among the issues Otter raised was the campaign’s violation of a state law requiring petitions to be circulated only by members of the same party as the candidate. This led to many of the signatures being considered ineligible.

There is, however, the possibility that the judge will rule that requirement unconstitutional, Otter said.

“If (the judge) rules against the two (signatures), she has to rule whether the state requirement on circulators is constitutional or not,” he said.

If the law is ruled unconstitutional the Smith campaign will be in the clear.

“There is some federal court rulings that call that into question,” said Charles Pascal, attorney representing Smith.

There is also a commonwealth case that may support these claims.

“In re. Gordon, in commonwealth court two years ago, where the judge ruled signatures valid presumably that were not circulated by a Democrat,” Pascal said.

But, he added, the judge in the case “provided really no analysis and no explanation.”

Pascal is making the case that this ruling, in addition to findings in other federal cases, support a decision that the requirement is unconstitutional.

At this point, Otter said, the result could go either way.

“It’s a 50-50 proposition,” he said.

If the judge rules against Smith in all of these, he will no longer be able to run as a Democrat in this year’s election.

While Otter is unsure of the outcome, he said he does expect a ruling soon, as the primary is approaching.

Smith, of Adams Township, is seeking the Democratic nomination in the race, running against Honora Rockar. At speaking events earlier this month, Smith made it clear he believes state Rep. Daryl Metcalfe, the Republican incumbent in the district, is behind these petition challenges.

“I feel honored that he took me as a threat, to challenge my and not my primary opponent’s (petitions),” Smith said in an interview Wednesday. “I look forward to moving on in the campaign and to give this district a new direction and focus on local issues.”

Metcalfe could not be reached for comment Wednesday.