Tuesday, some York County voters will step up to a polling machine and simply cast a ballot for judge.
Others will take part in a proxy war.
Officially, the contest is between two cross-filed Republicans, Todd Platts, who represented York County in Congress for six terms, and Michael Flannelly, the former county solicitor who was appointed to the Court of Common Pleas in July to fill out the term of deceased Judge Chuck Patterson.
And many, particularly in York's legal community, are treating it as such.
However, there is also the proxy war between Platts and the his chief antagonists his last few years in office, the members of his own Republican party who felt Platts was never conservative enough, or not conservative at all. Those antagonists are led by Scott Wagner, the Penn Waste owner, who has spent money failing to beat Platts before, and invested heavily to beat him this time.
When he walked away from Washington in January, Platts was relatively anonymous on the national political stage. His soft-spoken nature, his passion for wonky government oversight, his aversion to raising money, his moderate views on climate change and gay rights, and his refusal to sign Grover Norquist's no-tax pledge ensured he didn't rise in the House hierarchy.
But Platts never faced a nervous election night in York County.
That could change Tuesday.
Flannelly has hammered away at Platts with the argument that someone who spent the last 12 years in Washington, and in Harrisburg before that, is ill-prepared to make split-second decisions in a child custody case or a rape trial. With less than two years practicing law, Flannelly has argued, how will Platts know which choice won't be overturned on an appeal?
Flannelly has backed up that line of attack with Wagner's money, airing TV commercials and blanketing York and surrounding roadways with "Keep Judge Flannelly" yard signs, a less than subtle reminder which candidate has nearly a year on the bench.
His campaign team raised more than $147,000, according to the latest campaign finance report. Wagner donated more than $131,000. By contrast, Platts has raised about $35,000. The three candidates running for judge in Dauphin County collected less than $90,000 put together.
How strong is Wagner's relationship with Flannelly? The last time Flannelly ran -- he has lost three times before -- Wagner gave to two of Flannelly's opponents, both of who received better rankings in the county Bar Association's poll.
"He has an interest in a strong bench in York County," Flannelly said.
After Platts entered the race, Flannelly said he considered not running, since he was unsure how he would compete against such an electoral juggernaut.
"Mr. Wagner contacted me and indicated he would be happy to help me overcome my name recognition deficit," Flannelly said.
Wagner went beyond sending money. He posted on his personal website "facts" about Platts' Congressional service and pension, which were inaccurate. Platts said he contacted Wagner privately to inform him about the problem, but the inaccuracies remained until Platts mentioned them during a debate with Flannelly before a newspaper editorial board. Wagner did not return calls seeking comment.
"What the motivations of others, I really can't speak to," Platts said referred to Wagner. He then called the amount Wagner has donated -- and Flannelly is spending -- outrageous and unprecedented for a judicial race.
The smaller donations on both financing reports tell stories too.
Platts' biggest donors -- giving $2,000 each -- are Louis Appell Jr. and William Shiply III, two of the biggest philanthropists in York County, who's contributions and investments helped jump-start York's downtown renaissance. (Appell did give Flannelly $250).
Many of Flannelly's smaller contributors are prominent lawyers in the county. Some of those lawyers surely participated in the Bar Association's poll, which this time backed Flannelly overwhelmingly. In that poll, 82 percent of respondents said Flannelly was "highly qualified." Only 4 percent felt the same way about Platts. Three voters, less than 1 percent, said Flannelly was "not presently qualified," while 247 voters, or 77 percent, said that about Platts.
Joe Korsak, a York attorney and "dyed in the wool Democrat," said most lawyers he knows have no confidence that Platts could be ready from his first day. Judges have to make split-second decisions, Korsak said. They don't have time to consult legal texts every time they face a new issue.
Flannelly said his three decades of making motions mean he will be prepared in any circumstance.
"I see this race as what is the future of the bench?" Flannelly said. "Is it for people who have put in the time honing their craft over the years, or is it for someone who has name recognition and no meaningful legal experience?"
Platts was quick to object to the characterization.
"I would never seek a position in the community where I live, where I raise my family, if I was not qualified to do it," Platts said.
He notes that he finished in the top 10 in his law school class. He says that he's maintained his law license and attended the mandatory annual training. He knows civil and criminal procedure. The legal system, he said, will not confuse him. And he pointed to to sitting Judges Michael Bortner and Gregory Snyder, both of whom went from the careers in state government to the courtroom.
He counters Flannelly's support from the Bar Association, a group to which he does not belong, with the endorsements of the county's two police lodges.
His career as a legislator is actually a benefit, Platts said. In Congress, he had to assess every issue dispassionately, much like a judge has to dispassionately preside over a case. Not having come from a life of trial law, Platts said he would bring a fresh perspective to the bench.
"I've used my legal education and training in a different manner than my opponent, but I used my legal education every day in my state and federal legislative work," Platts said.
In his vision, as judge Platts would use his skill to advocate for a better community outside the courtroom.
Flannelly said getting the basic job right is hard enough. If a conviction gets overturned because a judge made the wrong ruling, the victim will have to suffer all over again.
Of course, both Platts and Flannelly are cross-filed. What happens if one ends up as the Democratic nominee, and the other the Republican?
Expect the proxy war to continue all the way to November.
