The URL can be used to link to this page

Home My WebLink About99-06457 1{ 3+ x M1nad X11' y? I I l 3 it -a Sy yS 5 ? S ? h ?1 l?3 Y V i Q 'd Y t, f S } ? Y y qq N41'Sl } c, 3.? ypy?h"? AA }} S i , SSf ?' { } Y 0,111 o" 4 f ' Lt , s y k ? d ? •ir ur Own- }n j AMC f4? y K L ?` N -,?;g t yy? t p•H ? L I t: etfj < s , ye C ,? ?R = t 1 t 3 ? ,r ? ? ? . 11i ? ?f 1 ? k e Y 3 +^` q s } ?r in ? yam/ 3 n`s r :A , r te? ? f??t fY j i . f 3, S { F } T , 4 K, , _. lip, N `?5 CP v IN RE: PETITION OF THE : IN THE COURT OF COMMON PLEAS OF COUNTY BOARD OF ELECTIONS : CUMBERLAND COUNTY, PA TO CORRECT THE COMMISSIONER OFFICE ABSENTEE BALLOT : NO.6457 CIVIL 1999 : ELECTION MATTER ORDER OF COURT AND NOW, this 21" day of October, 1999, upon consideration of the within Petition, the Cumberland County Board of Elections is directed to prepare and mail corrected Commissioner Office absentee ballots to those voters who were sent absentee ballots for the 1999 Municipal Election prior to October 21. 1999. U CV i O . .. a% IN RE: PETITION OF THE COUNTY BOARD OF ELECTIONS TO CORRECT THE COMMISSIONER OFFICE ABSENTEE BALLOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. CIVIL 1999 - LV5 7 ELECTION MATTER PETITION OF THE CUMBERLAND COUNTY BOARD OF ELECTIONS FOR THE CORRECTION OF THE COMMISSIONER OFFICE ABSENTEE. BALLOT FOR THE 1999 MUNICIPAL ELECTION. PETITION TO THE HONORABLE JUDGES OF SAID COURT: The Petition of Ralph Vichman, Joan Maher and Karen Byers, the County Board of Elections, through it's Solicitor, Stephen Tilcy respectfully represent: On October 21, 1999, the Board of Elections became aware of an error on the absentee ballots for the Commissioner Office race for the 1999 Municipal Election. The absentee ballot incorrectly instructs the voter to "vote for not more than three" for the office of County Commissioner. A copy of the absentee ballot is attached hereto and made a part hereof and marked as Exhibit A. The correct instructions for the office of County Commissioner should read "vote for not more than two". The Board of Elections files this Petition pursuant to section 2970 of the Election Code, 25 P.S. 2970, copy attached, S A copy of tic corrected Commissioner Off ice absentee ballot is atinclied herclo and made a part hereof and marked Exhibit B. WHEREFORE, Your Petitioners respccllldly pray your I lonorabic Court to direct the Cumbcrland County Board of Elections to prepare and mail corrected Commissioncr Officc absentee ballots to cuch voter who was sent an absentee ballot firr the 1999 Municipal Election prior to Octobcr 21, 1999. Respectfully submitted, Icphcn D. Tilcy, Esquire Assistant Solicitor Cumbcrland County Board of Elections Datc: STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Before me, the undersigned officer, personally appeared Karen Byers, one of the foregoing Petitioners, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information, and belief. -oCJt rl w 4, Karen Byers, Secretary Swom and Subscribed to Before me thist/'Vny of 0'1_- '1999. -II&OIARIAE SEAL. - SONL){IA t. NEFF. NOIARV Pu%Ur CARLISLE OORO. PIPES NOVEMBER I1999 CUMIAISSION E% A OFF ICIAL MUNICIPAL ELECTION BA LLOT S M 'AM CUMBERLAND COUNTY B COMMONWEALTH OF PENNSYLVANIA 0 November 2, 1999 I Will 0 DISTRICTJUSTICE INSTRUCTIONS TO VOTER COUNTY COMMISSIONER DISTRICT 09.1.02 4 YEAR TERM 6 YEAR TERM 1. TO VOTE YOU MUST BLACKEN TH IVma lot Not Moro lha4 THREE) IVm.fol°NEI - OVAL (et? 1 COMPLETELY. An oval I c 151 Nancy A. Bosch (34) Robert V. Manlove blackened completely to the loll of the name o RIP, REPIDEM any candidate indicates a vote far Iha ; - , (6) Eerl R. Keller candidate. RIP, [For Write In Candidate Chill st ¦ 2. To vote a straight party Ticket, blacken th 171 Marcla L. Myers oval 1 4W I to the left of the name of th aim. - party of your choice. To vote lot an indnidus IBI Rick Rovagno candidate of another party ticket blacken Ile DIM. oval to the left of his at her name. SCHOOL DIRECTOR REGION 1 3. It you make a mistake, 00 NOT ERASE avWills In canldaaenlp WEST SHORE Ask for a now ballot. SCHOOL DISTRICT 4. To vote for a person whose name is not o ear Wnte In caadiaate Chili 4 YEAR TERM - the ballot, you must blacken the oval to the lot r ivau for Not Mon Than TWO) of the line provided, and wilts, print or past _ lost wills rcaaedn.0ag1 - the name in the blank space provided tot Thai 1361 Gib Parthemore purpose. REPIDEM - 5. USE ONLY THE MARKER PADVIDED• DISTRICT ATTORNEY CD (37) John W. Kambic 6. DO NOT FOLD TIIE BALLOT UNIES. 4 YEAR TERM REPIDEM VOTING BYABSENTEL (Vole lot ONE) CD - earWeill In CaneWlaOnly) - 191 M. L. Skip Ebert C-D REP. en Willi In Caneieala Only) 40 ( 1 - -, - - Ilu Won In Candi/tla chill al STRAIGHT PARTY TREASURER M r_ :> REPUBLICAN 4 YEAR TERM l IVo1o al ONE) DEMOCRATIC 110) John Gross REP. 1111 Teresa Irvin Copenhaver DEM. a _ _ nor write In Candidala anld( ®« JUDGE OF THE SUPERIOR COURT IVdtalsa Nor Moro flesh IWO) BOROUGH COUNCIL 4 YEAR TERM M w . It) Maureen Lilly-Glean IVotelol Not Mon Thin TIIREEI RIP. - c,- (21 Richard B, Klein 112) Judith E. Hall RIP. REP. . (3) Debra Todd c_:D (13) Harry N. Lukens OEM REP. 141 Berle Schiller C :7 (14) Matthew W. Singel DIM DEM. as 0 C? _- - - use wnte In c.ndiw. onld) tear wine a ca:dlew Cnirl ..--- ---- use wuu M caadie.n onl,i nai walla In cwdn, Only) C if of Write 4 Gnli/m Onlrl M ASSESSOR . 4 YEAR TERM (Vote for ONE) - 1301 Mary Jane Fraistak BOARD OF ELECTIONS REP. /A •f/ _ Q ? Inr Wute la Canddrte enlll d IIXIIIBIT A ® WOAMIIYSBUAO 7 0 : :1 T:01 Se 0095 Silt 0 C Sea: 0095 095 -4.1 ?¢bsef -.. .?ir/? 7 D?`Sl ..? •-F n C µ? November 2, 1999 INSTRUCTIONS TO VOTER 1. TO VOTE YOU MUST BLACKEN THE OVAL( 4 WI COMPLETELY. An oval I q&I blackened completely to the left of the name of any candidate indicates a vote for that candidate. COUNTY COMMISSIONE 4 YEAR TERM (VMS in Na Mai Than TWO) O (5) Nancy A. Beach REP. O (6) Earl R. Keller REP. O (7) Marcia L. Myers OEM. O (8) Rick Rovegno OEM. O 0-WW TeVC n-Qditi OnIj)-- ??- ---Iln WmiliCielidti Onl"q' -?? EXHIBIT B ELECTION CODE I BALLOTS 25 P.S. § 2970 y, the county board diver to each candi- ny party, or to his specimen ballots of _., candidate is to be expense, have printed c requires for conduct. ter election, the county •c, there deliver to the native of cacti political t charge, two specimen t within the county In tdy are to be voted for, ty, at its own expense, ny topics as it requires :tions 4 156 et seq. ctions § 63. a be accurately printed •lections of each county be used therein to be ible for the safekeeping If their subordinates or .- clions § 54 et seq, actions §4 6, 63, 64. on official ballots names rifted by secretary of comtn andidates at primary elect Ministerial duty of county and its performance 4 mandamus. Con'. v Han t. 1922. A candidates j3 .on does not apply to Pr"' ling or deceased candidr name on ballots and due, nut bt sinue of list' (if !turd ••uccluaw" require Ihat bal. lot be printed titian name of deccased candidate. Shro_%er % lhunta,. 81 A.2J 435, 368 I'll. 70. 1951. The rcquircment that ballots he accu• rately printed mean, proper spelling and spacing. currett position. and it) general Library References § 2970. Correction of mistakes appearing on ballot When it is shown by affidavit that mistake or omission has oc- curred in the printing of official ballots or ballot labels for anv primary or election, the court of common pints of the proper county, or any judge thereof. mav, upon the application of any qualified elector of the county, require the county board of elections to correct the mistake or )mission, or to show cause cvlty they should not do so. 1937. June 3, P.L. 1333, art. X. 4 1010. Elections a-IBo(I I. WESTLAA' Topic No. 144, In general I Mandamus 2 Note 2 relel, to all clerical mars, a, deli it, mhlal,e, and omission, of [lie count board of election,, and h.n nu:gqdiauiun m the printing ur non printing of a de. ceased canJiJnte', name on the ballot. Shroser v. Thomas. 21 Nonhunsb.I.J. 187, 1952, affirmed 81 A.2d 435, 368 I'a. 70. C.1.S, Election, § 173. P.L.E. Elections § 04. Notes of Decisions I. In general Gencralh', use tthu due, nut miBic up. Portululy afforded by st,atae to object to 14reguhuitles in a ballot before an elec. than may nut afteroard, raise objections i? thereto. oncAen v. E%o,mg. 8 A.2d 402, ; 336 Pa. 43, 1939. "' Where a halln6 though defectue, Is not ?1;Iscking it, any essential to a free espres. Non of the wers' mill in the statutonn. the remelt, in the absence of fraud. sue for correction under this prob. , and not by :I pnicecding tit set aside tdiw*'r election aficr it ha, been held. ght v. Borough of Coudetspot. 92 A. 240 Pal. 284, 1914, section Inlay be applicable only to I errors, but in any etcnt it applie to cases %there the error or omni ,as "lade by the cuuntg electiu and not to tt hem the ullcged erro order and arrangement of the bat els teas npprou•d by the Senrta comntanucealth anal full,med b the county election board in printing the ballots. In le Ni,take in printing of Bal• lob and Ballot Labels for 194o General Election, 57 U. d C. 649, 39 Berks 57, 1947. But the Inktake ur unsission in the pub. lication of names or Je,criplion, of can. dilate, ur in the printing of the hallot mentioned in act of 1893. )uric 10, P.L. 414. 4 15, tepc:jell. refers In a cletital lit' incillenlal cror and does not apple tshere the commissioners tcilfally and in. Ientiunalk refuse to print the name of it cauJid.oc %%bo chin) to be entitled to hale his name printed on the ballot. Sin• clair's Nomination, 22 Di,t. 101n. 40 C.C. 359, 61 Piu,. 141. 1913. 2. Mandamus Under thi, section, the proper pruce. o Jura to concur an error in the printing of official I M1101% or hallut label, is nsmda• ,. anus, and not a petition for a tide upon n [tic counts a"nm ,ssioncr, to collect the r mistake. In re Mistake in Printing of Ballals and Ballot Label, lot 194o Gener• n al FIcction, 57 D. d C, e49, 39 Beaks 57, 1947. 439