HARRISBURG — The Pennsylvania Democratic Party told a state judge this morning that former House speaker Bill DeWeese should be removed from the fall ballot so the Democrats can replace him with a candidate who is eligible to serve.

The case before Commonwealth Court Judge Bernard McGinley arose after DeWeese was sentenced to state prison on corruption charges in April on the same day primary voters in his southwestern Pennsylvania district renominated him.

Lawyer Cliff Levine, representing the state party and the three people who sued to remove him, says DeWeese became ineligible after a jury in February found him guilty of five felonies for using state workers and resources to campaign.

The state constitution prohibits those convicted of infamous crimes from holding public office.

DeWeese's lawyer, Courtney Powell, told McGinley that removing DeWeese would be premature since he's pursuing appeals, and that if he is not able to serve when the new term starts in January, the state can hold a special election to replace him.

Powell said the Democratic Party and the other plaintiffs lack legal authority.

Powell said the court should hold off for five months to see what happens with the appeals.