HomeMy WebLinkAbout01-06250
'Ill
IN RE: PETITION OF THE
COUNTY BOARD OF ELECTIONS
TO CORRECT THE PENN TOWNSHIP
BALLOT FOR TOWNSHIP AUDITOR,
SIX YEAR TERM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
NO.OI-G..261>CIVIL 2001
ELECTION MATTER
ORDER
AND NOW, this Fday of November, 2001, upon consideration of the above captioned
Petition it is ordered and decreed that the Cumberland County Board of Elections is directed to
prepare corrected ballots for the Penn Township 2001 Municipal Election.
1.
Date: I' I, (() (
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IN RE: PETITION OF THE
COUNTY BOARD OF ELECTIONS
TO CORRECT THE PENN TOWNSHIP
BALLOT FOR TOWNSHIP AUDITOR,
SIX YEAR TERM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, P A
NOo!. P 'j1J CNIL 2001
ELECTION MATTER
PETITION OF THE CUMBERLAND COUNTY BOARD OF ELECTIONS FOR THE
CORRECTION OF THE PENN TOWNSIDP BALLOT FOR TOWNSIDP AUDITOR,
SIX YEAR TERM, FOR THE 2001 MUNICIPAL ELECTION.
PETITION
TO THE HONORABLE JUDGES OF SAID COURT:
The Petition of Nancy A. Besch, Earl R. Keller and Richard L. Rovegno, the County
Board of Elections, through its County Administrator, Dennis Marion respectfully represent:
1
Pursuant to section 2872.1 of the Election Code, 25 P.s. 2872.1, candidates for
nomination for the office of township auditor must obtain at least 10 signatures of registered and
enrolled members of the proper party, copy attached.
2
There were no Nomination Petitions filed with the Cumberland County Board of
Elections for the office of Penn Township Auditor, six year term. Therefore, no candidates
appeared on the 2001 Republican or Democratic Primary ballots for the office of Penn Township
Auditor, six year term.
3
No candidates were certified by the Cumberland County Board of Elections for the office
of Penn Township Auditor, six year term, in the 2001 Municipal Primary. Therefore, no
candidates appear on the 2001 Penn Township Municipal Election ballot for the office of
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Township Auditor, six year term. A copy ofthe ballot is attached hereto and made a part hereof
and marked as Exhibit A.
4
On October 30,2001, the Board of Elections staff received an inquiry from Mr. Jeffrey
Danner regarding write-in votes in the 2001 Municipal Primary for Marlene Spangler for the
office of Penn Township Auditor, six year term. Mr. Danner stated that he thought that Marlene
Spangler had received enough write-in votes to appear on the 2001 Municipal Election ballot for
the office of Penn Township Auditor, six year term.
5
Pursuant to section 3155 of the Election Code, 25 P.S. 3155, the County Board shall not
certify the votes cast on irregular ballots for any person unless the total number of votes cast for
said person is equal to or greater than the number of signatures required on a nomination petition
for the particular office, copy attached.
6
After receiving the inquiry the Board of Elections staff reviewed the Cumberland County
official result books. Said books did not show any write in votes for Marlene Spangler for Penn
Township Auditor, six year term. However, after reviewing the tally sheets used by the official
Return Board and the official ballots, it was discovered by the Board of Elections staffthat a
clerical mistake had been made and that Marlene Spangler actually had received 25 Republican
write-in votes and 9 Democratic write-in votes.
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7
Pursuant to section 3155 ofthe Election Code, the name of Marlene Spangler should
have been printed as the Republican nominee on the 2001 Penn Township Mnnicipal Ballot for
the office of Auditor, six year term,
8
The BO'ard of Elections files this Petition pursuant to section 2970 ofthe Election Code,
25 P.S. 2970, copy attached.
WHEREFORE, Your Petitioner respectfully prays your Honorable Court to direct the
Cumberland County Board of Elections to prepare corrected ballots for the Penn Township 2001
Municipal Election.
Respectfully submitted,
2'7" ~ J
ennis Marion
County Administrator
Date: /)#1.). / ()!
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VERIFICA TION
I, Richard L Rovegno, being duly sworn according to law, deposes and states that he is a
Commissioner of Cumberland County, Pennsylvania; that it is his information and belief that the
facts set forth in Petition of the Cumberland County Board of Elections for the Correction of the
Penn Township Ballot for Township Auditor, Six Year Term, for the 2001 Municipal Election
attached hereto are true and correct to the best of his knowledge, information and belief.
This Verification is made subject to penalties of 18 Pa.. C.S. Section 4904, relating to
unsworn falsification to authorities.
~/?o
Rich d L Rovegno
County Cumberland Commissioner
Date: 11j,/(J/
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RETURNS
11, Certificate of election-Persons en.
titled
If for any reason the candidates having
the majority of the votes cast are not
entitled to certificates of election, the mi-
nority candidates cannot be returned as
elected. Com. v. Cluley, 56 Pa. 270,
1866; Twenty-ninth Ward Election, 1
W,N,C, 114, 1874: Wier's Case,l3 Phila.
579,34 L.L 214, 1877. .
A petition to open a ballot box under
S 3263 of this title will be dismissed
where filed more than five days after the
computation has been completed and the
fact ,of such completion orally announced,
even though the certification required by
this- section was not executed until within
the five-day period. Appeal of McClos-
key, 32 D. & c. 242, 1939,
12. - Sufficiency of certificate of
election
A certificate which states that the can-
didates received a certain number of
votes respectively, "but that fraud and
bribery appearing to have been used, they
declined to certify the election of either,"
is not a proper certificate. Com. v. Em-
minger, 74 Pa, 479, 187L
13. - Effect of certificate of election
In case of a disagreement between the
certificate of election and the return filed
25 P.S. ~ 3155
in the prothonotary's office the 'former
must prevail. Mann v. Cassidy,,1 ,B::r~wst.
11, 1856: Timlin's Case, Op,Atty,c;en,,4
C,C. 535, 1887: Com. v. Jenkins, 6 Kulp,
17, 1890.
And equity will not enjoin an offi<;-er
from acting under a certificate of 'elec'.
tion. Rink's Appeal. 3 Walk, 337', 1882;
but see Miller v. Lowry, 5 Phila. -202;
1863; nor determine the rights - of _tym
persons, each holding a certific~te- 'of
election to the same office. Goldsworthy
v, Boyle, 34 A. 630, 175 Pa, 24~,1896.
The certificate of the election officers,
under act of 1840, June 13. P,L. 683;' 9' 1.
repealed, is the legal and prim'S. _ facie
evidence of the title to a tOwt;lship,- pI'
borough office; and the only way:.of set-
ting it aside is by _ ~ contest. Coni. v.'
Baxter, 35 Pa, 263, 1860,
The certificate of election is primaJa~ie
evidence of title to the office and- -Soan:, be
set aside only in a proceeding to - cOt}test
the election; it is conclusive on quo'war.
ranto. Com. v. Baxter, 35 Pa. 26~, 1860:
14. - Mandamus to compel'signbig
certificate of election .
Return judges may be compel1~d by
mandamus to sign certificates of election.
Com. v. Emminger, 74 Pa. 479,' 1873.
@ Biliilll;.; ;..Miaifli'eti;iffit~p;iliingi;iQguIQlt;lISl'!IlQ:\f$"i
The county board, in computing the votes cast at any prilT\ary or
election, 'S.~hfi~~';and.'ceptjfY'~Qtes;:.east'HOnll;pe~llii'illhal!lliits:.
exactly as such names were written, stamped, affixed. to the ballot 'by
sticker, or deposited or affixed in or on receptacles for that purpose,
and as they have been so returned by the election officers: . In'. the
prilllary the Secretary of the Commonwealth shall not certify the
votes east on irregular ballots for any person for a national office
including that of the President of the United States, United ,- States
Senator and Representative in Congress; or for any State. office
including that of Governor and Lieutenant Governor, Auditor Gener-
al, State Treasurer, Senator and Representative in the General As-
sembly, justices and judges of courts of record or for any party office
including that of delegate or alternate delegate to national conven-
tions and member of State committee unless the total number of
Votes cast for said person is equal to or greater than the number of -
signatures required on a nomination petition for the particular office. ':
In 'tlte':pi'imaFy:t;he -ColMil~,J:'€lard."hallnot:.-c~rtilo/ ,the votesdast'.(ih
Irregular 'ballots, for any person: fora justice'. of the peace;. c0l'lstable.
597
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~5 P.S. S 2-872:.:t
Dl) OHicc of clisrn.::t council ITlcml:- 'i iil
Seven hundred fifty
(3 i. 1) Office of district council men beT OJ,
class: One hundred,
(32) Office of district justice: One hundred,
(33) Office of judge of election: Ten,
(34) Inspector of elections: Five,
(35) All other public and party offices: Ten,
1937, June 3, P,L 1333, No, 320, Ij 912,1, added 1984, Dee.
No, 190, Ij 2, eff. Jan, 1, 1985, Amended 1989, Feb, 13, P,L.
imd. effective.
Historical and Statutory Notes
The 1989 amendment added the office 1951, May 16, P.L 302, 91', '"
of district council.membe~ in a city ~fthe 1949, April 20, P.L. 619, S 1.'
second class, whIch required 100 slgna- 1937, June 3, P.L. LB3, S 5)'
tures, Ii 2872), <.'
Prior Laws:
1978, April 28, P,L. 202, ~o, 53, Ii 2(a)
[1\93],
Law Review Commentaries
Constitutionality 'of nominating petition
signature requirements. 50 Temp.L.O.
911 (1977),
An excursion into the une
of the Seventeenth Ameiid
E. Little, 64 Temp.L.Rev. .
Elections ~144.
WESTLAW Topic No, 144,
Library References
c.J,S, Elections ~ \08,.1
P.L.E. Elections S 4~3~,;'"
In general 2
Actions 5
Number of !iigners 3
Validation of signatures 4
Validity 1
Notes of Decisions
Statute requmng th
statewide judicial offiEC
petition with 1,000 sign
be placed on ,ballot did
sanable burden in viola,
due process. Trios,'
A.2d 49, 533 Pa,330, '.
This section of EJect "
that a candidate "~.~:.
signatures from each,;,
not unconstitutiO~~11,:
equal protection ~ a
Amendment (U,s:C':, '
because that requi '}
cross filing or :lnd,c
able to cand~d~ " "i'
preciable iJn~a:~"
voters in stat~, :~)
insuring senous L
1. Validity
Pennsylvania statute which increased
the number of party members' signatures
required to place a candidate' 5 name on
primary ballot, in combination with other
provisions of the Pennsylvania election
code, was unconstitutional as applied to a
political party and its members because it
made it effectively impossible for the par-
ty to place candidates on the general elec-
tion ballot. Consumer Party v. Davis,
E.D,Pa,1986, 633 F,Supp, 877.
344
NOMINATION OF CANDIDATES
25 P.S. ~ 287: 1
1
(11) For any other office to be filled by the vote of the elector "f
the State at large or for any other party office to be elected by 1e
electors of the State at large: One thousand including at least' 'le
hundred from each of at least five counties,
(12) Representative in Congress: One thousand.
(13) Senator in the General Assembly: Five hundred.
(14) Representative in the General Assembly: Three hundr~d,
(15) Public or party offices to be filled by a vote of the electors in
counties of the first class at large: One thousand,
(16) Public or party offices to be filled by a vote of the electors in
counties of the second class at large: Five hundred.
(17) Public or party offices to be filled by a vote of the electors in
, cities of the first class at large: One thousand,
(18) Public or party offices to be filled by a vote of the electors in
counties of the second class A at large: Two hundred fifty,
(19) Public or party offices to be filled by a vote of the electors in'
counties of the third class at large: Two hundred fifty.
(20) Public or party offices to be filled by a vote of the electors in
counties of the fourth class at large: Two hundred fifty.
(21) Public or party offices to be filled by a vote of the electors in
cities of the second class at large: Two hundred fifty.
(22) Public or party offices to be fiUed by a vote of the electors in
cities of the second class A at large: One hundred,
(23) Public or party offices to be filled by a vote of the electors in
cities of the third class at large: One hundred.
(24) Public or party offices to be filled by a vote of the electors in
counties of the fifth class at large: One hundred.
(25) Public or party offices to be filled by a vote of the electors in
counties of the sixth class at large: One hundred.
(26) Public or party offices to be filled by a vote of the electors in
counties of the seventh class at large: One hundred,
(27) Public or party offices to be fiUed by a vote of the electm;s in
counties of the eighth class at large: One hundred,
(28) Office of judge of any court of record other than a State-
wide court or a court in a county of the first or second class: Two
hundred fifty.
(29) District delegate or alternate district delegate to a National
party convention: Two hundred fifty.
(30) Member of State committee: One hundred,
343
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l'cui\::'-> nr Decl:iions
PurpOS',: 1~1' LI\\,
~,lJ l" ' ,,> I ) i - ( I, I ;1 ,
\igning is I:;:t:
to :,lgll OCJ'lllll 1):1
of p;)tenl'J] 1;'\1
menL if h: I du
theil' slgnj'lg ;,11" P('t l!
tary of C"m, Jr l\,
Pa.Cnnvltj-l. :Jo.-! I ~n3 I
;1 \,11
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L Purp{'se of t.'-IW
Purpose uf n:quinng hat cum't'nliOll
delegate's statell'k"l1l be On t.'ach nomina-
tion ,petition form and be signed on all
:,.1,'5';1 I'!; :'111
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\\'iids 1 S'
_1 i,~ -\.:'d ',:1::
~ 2872. Repealed, 1984, Dec. 12, P.L %8, No, 190, Si I, err"c,
live Jan. 1, 1985
Historical and Statutory Notes
The repealed section related to num- 1951, Ma\' L6, P.L. 302, -3 1.
hers of signers needed for nomination 1978, Ap'ril 28, P.L 202, No, 53,
p.etitions for various offices and was de. 9- 2(a) [\ 1931
nved from:
1937, June 3. P.L 1333, S 912,
t949, Apri120, P,L 619, S I.
For subject matter of repealed section,
see, now, S 2872.1 of lhis title.
~ 2872.1. Number of signers required for nomination petitions
of candidates at primaries
Candidates for nomination of offices as listed below shall present a
nominating petition containing at least as many valid signatures of
registered and enrolled members of the proper party as listed below:
(I) President of the United States: Two thousand,
(2) United States Senate: Two thousand,
(3) Governor: Two thousand including at least one hundred
from each of at least ten counties.
(4) Lieutenant Governor: One thousand including at least one
hundred from each of at least five counties,
(5) Treasurer: One thousand including at least one hundred
from each of at least five counties.
(6) Auditor General: One thousand including at least one hun-
dred from each of at least five counties.
(7) Attorney General: One thousand including at least one hun-
dred from each of at least five counties.
(8) Justice of the Supreme Court: One thousand including at
least one hundred from each of at least five counties,
(9) Judge of the Superior Court: One thousand including at least
one hundred from each of at least five counties,
(10) Judge of the Commonwealth Court: One thousand includ-
ing at least one hundred from each of at least five counties,
342
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Cumberland Count
OFFICIAL MUNICIPAL ELECTION BALLOT
November 6 2001
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INSTRUCTIONS TO VOTER
1. TO VOTE YOU MUST
BLACKEN THE OVAL ( - )
COMPLETELY. An oval ( - )
blackened to the left of the name
of any candidate indicates a
vote for that candidate,
2. To vote for a person whose
name is not on the ballot, you
must blacken the oval to the left
of the line provided, and write,
print or paste the name in the
blank space provided for that
purpose,
3. If you wish to vote Straight
Party, completely blacken the
oval ( - ) to the left of the party
name of your choice.
4. If you wish to vote for an
individual candidate after voting
a Straight Party, completely
blacken the oval ( - ) to the left
of the candidate's name.
5. If you make a mistake, DO
NOT ERASE. Ask for a new
ballot.
6. USE ONLY THE MARKER
PROVIDED.
7, DO NOT FOLD THE BALLOT
UNLESS VOTING BY
ABSENTEE.
STRAIG HT PARTY
C:) Republican
C:) Democratic
JUSTICE OF THE SUPREME COURT
VOTE FOR ONE
C:O (1)Mike Eakin
Lancaster County Rep
C) (2)Kate Ford Elliott
AlleghenyCounly Oem
C:O
B
Commonwealth of Penns Ivania ' C
CLERK OF THE CRIMINAL COURT
4 YEAR TERM
VOTE FOR ONE
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(20)Dennis E Lebo
Wesl Pennsboro Twp.
Re,
JUDGE OF THE SUPERIOR COURT
VOTE FOR NOT MORE THAN THREE
c;;o (3)Mary Jane Bowes
AlleghenyCounly Rep
c;;o (4)Richard B, Klein
Philadelphia County Rep
C:) (5)John T, Bender
AlleghenyCounly Rep
C:) (6)David Wecht
Alleghel1yCounty Oem
C:) (7)Lydia y, Kirkland
Philadelphia County Oem
C:::) (8)Stephanie Domitrovich
Erie County Oem
C:)
C:O
JUDGE OF THE COMMONWEALTH
COURT
VOTE FOR NOT MORE THAN THREE
,-. (9)Renee Cohn
Lehigh County Rep
,---) (10)Robin Simpson
NorthamplonCounty Rep
(~, (11 )Mary Hannah Leavitt
Dauphin County Rep
C'::> (12)James J, Dodaro
Allegheny County Oem
c:::o (13)Jerry Langan
luzerneCounty Oem
C"::> (14)lrwin W, Aronson
Dauphin County Oem
c:::o
c:::o
c:::o
SHERIFF
4 YEAR TERM
VOTE FOR ONE
rJ (15)Tom Kline
Dickinson Twp.
(~
nle- n an I ate ny
CONTROLLER
4 YEAR TERM
VOTE FOR ONE
c:::o (16)AI Whitcomb
Hampden T wp, Rep
c:::o
nte- n an I ate ny
RECORDER OF DEEDS
4 YEAR TERM
VOTE FOR ONE
c;;o (17)Robert p, Ziegler
Hampden Twp. Rep
c:::o
PROTHONOTARY
4 YEAR TERM
VOTE FOR ONE
c:::o (18)Curt Long
East,Pennsboro 1 wp. Rep
c:::o (19)Glenn A, Brumbaugh
Camp Hill Bora. Oem
C)
B
_IIJ!!II_~~- __ __ ~
c::>
(21 )Diane R. Mshar
East PennsboroTwp.
Oem
c;;o
c=:>
REGISTER OF WILLS
4 YEAR TERM
VOTE FOR ONE
C:=::> (22)Mary C, Lewis
New Cumberland Bora. Rep
c..-:::>
CORONER
4 YEAR TERM
VOTE FOR ONE
c;;o (23)Michael L. Norris
Monroe Twp, Rep
C:=::>
Re,
nte- n an I ate ny
JURY COMMISSIONER
4 YEAR TERM
VOTE FOR ONE
c:::o (24)Ralph G, Viehman Jr.
MechanicsburgBoro. Rep
c:::o (25)Frances Amicucci
MechanicsburgBoro Dem
C)
ny
VOTE BOTH SIDES
BOARD OF ELECTIONS
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071 ~
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071
071
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BIG SPRING SCHOOL DISTRICT
SCHOOL DIRECTOR
PENN & COOKE TWPS.
4 YEAR TERM
VOTE FOR ONE
~
(~ (27)Wilbur E, Wolf Jr
c:J (28)Wayne E, SI~venson
c=:'
rlle- n an I ale ny
TOWNSHIP SUPEFlVISOR
6 YEAR TERM
VOTE FOR ONE
C_"J (178)Buck Shuller
(~ (179)Clyde Barrick
(,---'"
-~
nte- n an I ate ny
TAX COLLECTOR
4 YEAR TERM
VOTE FOR ONE
C~ (180)Mable G, Stiff
C~
:!
nle- n an I ale ny
ASSESSOR
4 YEAR TERM
VOTE FOR ONE
C~
(181)Donald L, Sfiff
~
AUDITOR
6 YEAR TERM
VOTE FOR ONE
C~
JUDGE OF ELECTION
4 YEAR TERM
VOTE FOR ONE
c:~ (288)Teresa A Smith
R,p
Cj
rlte- n an I ale ny
INSPECTOR OF ELECTION
4 YEAR TERM
VOTE FOR ONE
c:,~ (408)Wanda K, Kufz
D,m
c-=-~
(Write-In ar) I ale ny
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INSTRUCTIONS TO VOTER
Rep
An Oval ( - ) blackened
completely before "YES"
indicates a vote in favor of the
question,
An Oval (
completely
indicates a
question,
- ) blackened
before "NO"
vote against the
Dem
REFERENDUM
Rep
Do you favor eliminating the
occupation tax by increasing the
rate of the Big Spring School
District earned income tax from
0,5% to the new School District
maximum tax rate of 1,15%, and
a maximum new total rate
together with the municipalities of
1,65%7
Dem
C-,
j
YES
C~ NO
RID
Rep
VOTE BOTH SIDES
F
@ ES&S
B
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1379
OFFICIAL MUNICIPAL ELECTION BALLOT
NOVEMBER 6, 2001
Penn
OFFICIAL MUNICIPAL ELECTION BALLOT
NOVEMBER 6, 2001
Penn
1379
EXHIBIT A
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25 P.S. !i 3155
ELECTION CODE
National, State, county, city, borough, town. township, ward, schoo!
district, election or local party office unless the total nulilber of votes
cast for said person is equal to, or greater than the number of
signatures required on a nomination petition for the particular office.
1937, June 3, P.L. 1333, art, XIV, 9 1405, Amended 1968, March 13, P,L,
57, No, 17,9 1; 1971, Dec, 22, P.L. 62.1, No, 165, S 15,
Historical and Statutory Notes
Section 3(d) of Act 1978, April 28, P.L. trict justice or to the office of district
202, No. 53 (the Judiciary Act Repealer justice. Any person appointed or elected
Act) [42 P.S. S 20003(d)] provides: to judicial office in a magisterial district
"An express reference in any statute or shall be known as and hereafter shall be
other law to a justice of the peace or to commissioned as the 'district justice' in
the office of justice of the peace shall and for the appropriate magisterial .dis-
hereafter be deemed a reference to a dis- triet."
Elections ~253.
WESTLAW Topic No, 144,
Library References
C.J.S. Elections S 230.
P.LE. Elections lj 101.
Notes of Decisions
of the votes were written in on the wrong
lines of the ballot. this section requires
that a petition to cumulate all such votes
under the correct names of the candi-
dates be dismissed. In re Election in
Twenty.first Ward, 1 D, & C.2d 615,
1954,
In general 2
Validity 1
Write-in candidates 3
1. Validity
This section was not unconstitutional
on ground of inequality because under
certain circumstances votes in districts
that had not adopted voting machines
may still be cumulated. Petition of Haf-
er, 33 Berks 11. 55 D, & c. 139, 1946,
County Board in computing votes had
no authority to cumulate votes of similar
but not identical true names of "write-in"
candidates on irregular ballots but must
compute them exactly as written. Peti-
tion of Hafer, 38 Berks 11, 55 D. & C.
139, 1946.
Under this section the county board of
elections may not cumulate a ballot
where voting machines are used; but
such rule does not prevail where paper
ballots are in effect. In re Whitpain Tp,
Election Case, 45 D. & C. 279, 58 Montg.
291, 1942,
A County Board of Election has power
to cumulate write-in-votes. Petition of.
Stieska, 39 West. 151, 1958, exceptions
dismissed 39 West. 159, affirmed 135
A2d 62, 360 Pa. 249,
When voter's intention is found, it
3. Write-in candidates should not be defeated by fact that name
Where votes were written in on a ballot of candidate is misspelled, wrong initials
under a number of variations of what employed, or some other or slightly dif-
may have been intended to be the same ferent name or like or similar pronuncia-
names, which names did not appear on tion has been written instead of that of
the printed ballot, and in addition some the candidate actually intended to be vot-
598
2. In general
This section dealing with irregular bal-
lots cast on a voting machine must be
construed in pari materia with ~ 3062 of
this title, prescribing powers and duties
of election boards, and as so construed,
meant that Court of Common Pleas, upon
appeal of a decision of the county elec-
tion board, could cumulate votes for a
candidate by write-ins on voting ma.
chines, if the evidence warranted it, in
order to effectuate the will of the voters.
Petition of Stieska, 135 A.2d 62, 390 Pa.
249, 1957,
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BALLOTS
name on ballots and does not by virtue of
use of word "accurate" require that bal-
lot be printed without name of deceased
candidate. Shroyer v. Thomas. 81 A.2d
435, 368 Pa, 70, t 95 L
The requirement that ballots be accu-
rately printed means proper spelling and
spacing, correct position, and in general
-J\~
, ""n j(r-
25 P.S. ~ 297b
Note 12
refers to all clerical errors, as well i's
mistakes and omissions of the coun y
board of elections, and has no applicati n
to the printing or non-printing of -a d -
ceased candidate's name on the ballrlt.
Shroyer v. Thomas, 23 Northumb.Ln.
187, 1952, affirmed 81 A.2d 435, 368. J!a,
70, '
""ft....,.."
~fk,XO:ipi"'RV,'-
~"i1il'e'MbR,0f,l'\lj:~te$/'llppeilril1lg on ballot
When it is shown by affidavit that mistake or omission has o~-
curred in the printing of official ballots or ballot labels for a4y
primary or election, the court of common pleas of the proper count\y,
or any judge thereof, may, upon the application of any qualifitd
elector of the county, require the county board of elections to corrept
the mistake or omission, or to show cause why they should not do sp.
1937, June 3, P.L. 1333, art, X, 9 1010, '
Elections ....186(1),
WESTLAW Topic No. 144,
Library References
CJ,S. Elections ~ 173,
P,L.E, Elections ~ 64,
Notes of Decisions
the county election board in printing' ~e
ballots. In re Mistake in Printing of Bal-
lots and Ballot Labels for 1946 Genekal
Election, 57 D, & c. 649, 39 Berks ~7,
1947,
In general 1
Mandamus 2
1. In general
Generally, one who does not utilize op-
portunity afforded by. statute to object to
irregularities in a ballot before an elec-
tion may not afterwar!is raise objections
thereto. Ducken v. Ewing, 8 A.2d 402,
336 Pa. 43, 1939.
Where a ballot. though defective. is not
lacking in any 'essential to a free expres-
sion of the voters' will in the statutory
form, the remedy, in the absence of fraud,
is to sue for correction under this provi-
sion, and not by a proceeding to set aside
the ,election after it has been held.
Knight,:v. Borough of Coudersport, 92 A.
299,246 Pa, 284, 1914,
But the mistake or omission in the phb-
lication of names or descriptions of c~n-
didates or in the printing of the baUot
mentioned in act of 1893, June 10, E.L.
419, ~ 15, repealed, refers to a c1ericai or
incidental error and does not aJply
where the commissioners wilfully andl in-
tentionally refuse to print the name Af a
candidate who claims to be entitle~ to
have his name printed on the ballot. Sin-
clair's Nomination, 22 Dist. 1016,40 q.C.
359,61 Pitts, 141, 1913.
2. Mandamus
Under this section, the proper prcilce~
This section may be applicable only to dure to correct an error in the printink.of
clerical errors, but in any event it applies official ballots or ballot labels is manda~
solely to cases where the error or omis- mus, and not a petition for a rule upon
sian was made by the county election the county commissioners to correct i the
board and not to where the alleged error mistake. In re Mistake in Printin& of
in the order and arrangement of the bal- Ballots and Ballot Labels for 1946 Getler~
Jot labels was approved by the Secretary al Election, 57 D. & c. 649, 39 Berksi 57,
of the Commonwealth and followed by 1947. !
439
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