Two Pennsylvania voters and the Green Party of Pennsylvania are suing to remove congressional candidate Andrew Tupone from the November ballot, arguing that he is a “spoiler candidate to distract progressive voters” who was neither endorsed nor nominated by the state party.
Tupone submitted signatures to run as a Green Party candidate in Pennsylvania’s 7th Congressional District, where he will face Democratic nominee Bob Brooks and Republican incumbent Rep. Ryan Mackenzie (R-PA). Voter records showed Tupone was registered as a Republican for years and regularly voted in GOP primaries before changing his registration.
The party argued Tupone misled voters into believing he was a Green Party-backed candidate.
“Tupone and his agents or affiliates … misled voters into signing the Nomination Papers on the mistaken belief that they were helping to place a candidate supported by the Green Party onto the ballot,” the objection reads. “Many of the voters who signed Candidate Tupone’s Nomination Papers would not have done so had they been aware that Candidate Tupone was not actually affiliated with or endorsed by the GPPA.”
GPPA Co-Chairwoman Colleen Schmotzer said the party only endorses candidates who align with its core principles.
“Since 2000, the Green Party’s brand identity has been our Four Pillars: non-violence, ecological wisdom, democracy and social justice,” Schmotzer said. “We only endorsed candidates who agree with the Green Party. Andrew Tupone did not seek our endorsement because he is a life-long Republican.”
The objection notes that Tupone was registered as a Republican until February 2026, when he switched to the Democratic Party. He changed his registration again to Green in April.
Tupone has rejected criticism of his party history, arguing that his political positions have remained consistent.
“My political beliefs always remained the same,” Tupone told the Capital-Star. “It doesn’t matter what party I was registered to. I am trying to buck the establishment of both parties. … I’m running for universal healthcare, ending the genocide in Gaza and standing up to the establishment parties.”
Tupone has also framed his campaign as an alternative to both major parties, arguing that Mackenzie must be defeated while criticizing Democrats’ handling of their own primary.
“Congressman Mackenzie has been in lock step with Trump and he must be stopped,” he said. “After the Democratic National Party put their thumbs on the scale in the primary for Bob Brooks as the nominee, I believe local grassroots voters deserve another choice and that’s why so many are backing my candidacy.”
The legal challenge comes as the race is emerging as one of the more competitive House contests in Pennsylvania. Sabato’s Crystal Ball recently shifted the district from “leans Republican” to “toss-up.”
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The outcome could have implications beyond the district. With Democrats seeking to reclaim the House majority, a third-party candidate could affect the vote totals in a closely contested race.
The Green Party’s challenge now puts Tupone’s place on the November ballot in question.