Heidelbaugh provides clarity on PA voter law

PHOTOS: Tom Marino, Lycoming County District Attorney Candidate,

U.S. 112th Congress Photo (left),

Indian County Florida Logo (top right), Lycoming County Pennsylvania Logo (bottom right).

By Todd Bartley, TalkWilliamsport.com


Former Pennsylvania Republican Attorney General candidate, Heather Heidelbaugh was reached for comment on the Marino voting matter.

When asked about the fact pattern of Tom Marino, Lycoming County District Attorney candidate stating he was a resident of Florida on his Florida Driver License application and subsequently registering to vote in Florida on November 7, 2022; she said, “if he (Marino) declared he was a Florida resident on November 7, 2022, he then cannot vote in Pennsylvania in any form (absentee, mail-in or in-person) on November 8, 2022.”

When asked why that is the case, Heidelbaugh added; “if you reside in Florida, you cannot vote in another state.”

Regarding the question of qualification to run for elected office in Pennsylvania; is it your understanding for a candidate to run for elective office in Pennsylvania the standard to follow is 16 P.S. § 1401 (a), including residency of one year in the county the candidate is seeking office in prior to an election?

“That is my understanding of the law.”

And based on your knowledge of the law, there is no “30-day residency prior to an election” provision or language in the law?

“That is my understanding of the law.”


On background, Heidelbaugh is a Partner in the law firm Leech Tishman Fuscaldo & Lampl LLC with offices in Pittsburgh, Pennsylvania as well as Sarasota, Florida and other cities across the country.

She represented the Republican State Committee of Pennsylvania in their voter fraud lawsuit against ACORN. In 2009, she testified before the United States House Committee on the Judiciary regarding her work on the ACORN lawsuit. She is a member of the executive board of the Republican National Lawyers Association.

Heather is a member of the Academy of Trial Lawyers and a Charter Senior Fellow with the Litigation Counsel of America, a national legal honorary society. Heather is a well-known public commentator on issues related to politics, law and elections. She appears frequently on local television and radio regarding public affairs in Pittsburgh and has been quoted by a number of national and local television shows and publications.

She received her B.A. in Economics and Political Science from the University of Missouri-Columbia and her J.D., from the University of Missouri-Columbia School of Law.

She is a member of the Allegheny County Bar Association (Past President, Young Lawyers Section; Past Chair, Civil Litigation Section; Past Editor, Civil Litigation Newsletter), Allegheny County Bar Foundation (Fellow), Academy of Trial Lawyers, Diversity Law Institute (Member, Board of Directors), Republican National Lawyers Association (Former Co-Chair) and Trial Law Institute.

Her professional accolades include:

Allegheny County Bar Association Pro Bono Award (First Recipient)

Allegheny Health Network Woman of Achievement (2015)

Republican National Lawyers Association Betty Murphy Award (2015)

University of Missouri School of Law, Notable Alumni


Litigation Counsel of America

Charter Senior Fellow

Barrister, Order of Veritas

Advocate, Order of Certus

Former Co-Chair, Board of Directors



Martindale-Hubbell AV Preeminent Peer Review Rated Attorney


Best Lawyer

The Best Lawyers in America, Government Relations Practice (2020-2023)

Best Lawyers Pennsylvania, Government Relations Practice (2020-2022)

Best Lawyers Pittsburgh, Government Relations Practice (2020-2022)


Super Lawyers

Pennsylvania Super Lawyer, Pennsylvania Super Lawyers Magazine

(2004, 2005, 2007, 2008, 2010-2022)

Pennsylvania Super Lawyer, Business Litigation, Pennsylvania Super Lawyers Magazine Corporate Counsel Edition

(2008, 2010, 2014)

Top 50 Women Pennsylvania Super Lawyers, Pennsylvania Super Lawyers Magazine


Top 50 Pittsburgh Super Lawyers, Pennsylvania Super Lawyers Magazine



City and State PA

City and State PA, Law Power 100 (2022)



Heidelbaugh, Heather S. “Protecting the Integrity of the Polling Place: A Constitutional Defense of Poll Watcher Statutes,” Harvard Journal on Legislation, Logan S. Fisher & James D. Miller, Volume 46, Number 1, Winter 2009.

Author, “Product Liability for Off Label Use of Drugs or Medical Devices – Pennsylvania,” State by State Survey of the Law Regarding Potential Liability for off Label Use of Drugs or Medical Devices, ABA Section of Litigation, 1999.



On Monday, March 6, 2023, a “PETITION TO SET ASIDE NOMINATION PETITIONS” of Thomas A. Marino, candidate for the office of District Attorney of Lycoming County, Pennsylvania was filed by OBJECTOR: TODD BARTLEY in the Court of Common Pleas of Lycoming County, Pennsylvania.

The filing in its entirety is provided below:






  1. Thomas A. Marino has filed his candidacy affidavit to have his name appear on the official ballot for the office of District Attorney of Lycoming County, Pennsylvania on February 24, 2023, which was signed by Mr. Marino on February 14, 2023.
  2. Todd Bartley is a citizen of Lycoming County and resides in Loyalsock Township, Lycoming County, Pennsylvania.
  3. Pursuant to 16 P.S. § 1401 (a), to be a proper candidate for district attorney, the candidate must be at least twenty-five years of age, a citizen of the United States, shall have been admitted to the practice of law as an attorney before the Supreme Court of the Commonwealth of Pennsylvania for at least one year prior to taking the oath of office and shall continually hold an active law license during the period when the individual is in office and shall have resided in the county for which the district attorney is elected or appointed for one year next preceding the election or appointment.
  4. On his candidacy affidavit, Mr. Marino attests his residency is 1825 Homewood Avenue, Williamsport, Lycoming County, Pennsylvania.
  5. The objector, Todd Bartley, believes and so avers that Thomas A. Marino does not meet the requirements for district attorney as set forth in 16 P.S. § 1401 (a), specifically the county residency requirement of residing in Lycoming County one year prior to the election for district attorney.
  6. Although Marino purchased a home in Lycoming County on July 20, 2022, he also purchased a home in Vero Beach, Florida on September 29, 2022.
  7. On November 7, 2022, Marino applied for a Florida drivers’ license, listing his residence to be 870 Lake Orchid Circle, Apt. 204 Vero Beach, Florida, and he surrendered his Pennsylvania drivers’ license the same day.
  8. On November 7, 2022, Marino also registered to vote in Indian River County, Florida and remained on the active voter roles until he resigned his voter registration on February 1, 2023 (processed February 3, 2023.

WHEREFORE, the objector, Todd Bartley, petitions this court to set aside Thomas A. Marino’s nomination petition to appear on the ballot for the office of District Attorney of Lycoming County, Pennsylvania because Marino does not meet the requirements to serve as District Attorney of Lycoming County, Pennsylvania.

Respectfully submitted,


Todd Bartley, pro se


A hearing on the matter has been set for Wednesday, March 15, 2023 in the Court of Common Pleas, Lycoming County, Pennsylvania before visiting Senior Judge Reibman.

Lycoming County President Judge Nancy Butts issued an Order yesterday recusing all of the Lycoming County judges from the case.

This is an exclusive and developing story on TalkWilliamsport.com.