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HomeMy WebLinkAbout07-4194IN RE: VOTES CAST IN THE 2007 MUNICII'AL PRIMARY FOR THE OFFICE OF SCHOOL DIRECTOR IN REGION 3 OF THE MECHANISCBURG AREA SCHOOL DISTRICT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA o ~_ yr~ty NO. CIVIL 2007 ELECTION MATTER PETITION OF THE CUMBERLAND COUNTY BOARD OF ELECTIONS FOR AN ORDER DIRECTING THE INCLUSION OF WRITE-IN VOTES CAST IN THE MUNCIPAL PRIMARY OF MAY 15, 2007, FOR THE OFFICE OF SCHOOL DIRECTOR IN REGION 3 OF THE MECHANICSBURG AREA SCHOOL DISTRICT, AND DIRECTING THE AMENDMENT OF THE CERTIFIED RETURNS ACCORDINGLY AND NOW comes, the Cumberland County Board of Elections (Board) through its Solicitor, Edward L. Schorpp and states the following: 1. The Municipal Primary was held on May 15, 2007. 2. The office of school director in Region 3 of the Mechanicsburg Area School District (Office), for which candidates could cross file, appeared on the Municipal Primary ballot which permitted voters to vote for not more than two candidates. 3. Dennis P. Burkhard, is the only name which appeared on the Republican ballot for the Office and the certified returns indicated that he received 807 votes. 4. Jerry S. Wills, Jr., is the only name which appeared on the Democratic ballot for the Office and the certified returns indicated that he received 425 votes. 5. Pursuant to the Election Code, 25 P.S. § 3154 et seq., the Board duly conducted its canvass of all votes cast in the 2007 Municipal Primary and subsequently issued its official certification of the results on May 30, 2007. 6. Subsequent to the Board's certification of the Countywide vote totals, Bureau of Elections staff informed the Board that all write-in votes for the Office were inadvertently omitted. The following write-in votes for the Office were not included in the official certification: Democrat Ballot Write-in Votes Joe Conrad, 4 Ted Lyons, 1 Louis Rice, 1 Larry Berg, 1 Karen Gunnison, 1 Republican Ballot Tom Joerg 2 Joe Conrad, 12 William Kocher 1 Tom Schweitzer 1 Elmer Ritter 1 Dion Carter 1 John Wills 1 Brian Rosenbaum 1 Shawn Garity 1 Victor L. Miller 1 Alecia Snyder 1 Joseph Roemer 1 Amber Boscco, 1 J Wills, Jr. 1 Jerry Wills, Jr. 1 Jerry Wills 10 Jerry Willis, 1 Jerry S. Wills, Jr. 3 Jerry S. Willis, Jr. 1 J. Wills 1 7. At the Board of Elections meeting held on July 17, 2007 at 8:30 a.m., the Board voted to cumulate Republican write-in votes cast for Jerry S. Wills, Jr., for the Office as follows: J Wills, Jr. 1 Jerry Wills, Jr. 1 Jerry Wills 10 Jerry Willis, 1 Jerry S. Wills, Jr. 3 Jerry S. Willis, Jr. 1 J. Wills 1 TOTAL: 18 8. After cummulation of Republican write-in votes cast for Jerry S. Wills, Jr., and amendment of the certified returns accordingly, Mr. Wills is entitled to nomination as a Republican candidate for the Office and his name should be placed accordingly on the official ballot for the 2007 Municipal Election. 9. By law, to be entitled to nomination for the Office an individual must receive at least 10 votes in the preceding primary election. Therefore, the Respondents in this matter are: Dennis P. Burkhard Jerry S. Wills, Jr. Joe Conrad WHEREFORE, the Petitioner, Cumberland County Board of Elections, by and through its Solicitor, Edward L. Schorpp, Esquire, respectfully prays that this Honorable Court directs the amendment of the certified returns as prayed for and directs the inclusion of the name of Jerry S. Wills, Jr., as a Republican nominee for the office of school director for Region 3 of the Mechanicsburg Area School District on the official ballot for the 2007 Municipal Election. Respectfully submitted, Edward L. Schorp , Coun Solicitor Solicitor's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dated: ~yL y /~ , 2007 VERIFICATION STATE OF PENNSYLVANIA COUNTY OF CUMBELAND Before me, the undersigned officer, personally appeared Robert P. Ziegler, Chairman of the Board of Election, 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 his knowledge, information, and belief. Robe P. Zi r, Chairman Sworn and Subscribed to Before me this /~ day of Jk,l~ , 2007 ~~ Notary ~...~.~.~..~~ va~ml irOl1 L 7MiAA1~ i~lO~Ti1R1~ i~1~,IC CAp~.~ 8080. CtA}p pp~ EXPIRE~IIMY ~ Date: cJ ~~ y / ~ J. n ' ~ N C:~ -~-..i i; i'~~- C.. ..~ IT ~ , C~ ~-- ._ I;t -. ~ 7 ;: ~ y - 17 i t ) ? .a ' - ~l_ . a~ f _ ~'a f~_- __ ~~ _~ ^~ ~` .i,) ~~ "~ ,:K.t~~<~. ~~ ~ . ~. ~ .. K ~ rteti-. ~~ a ~~ z { { i IN RE: VOTES CAST IN THE 2007 MUNICIPAL PRIMARY FOR THE OFFICE OF SCHOOL DIRECTOR IN REGION 3 OF THE MECHANICSBURG AREA SCHOOL DISTRICT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ~x~yl~y NO. CIVIL 2007 ELECTION MATTER ~ ORDER OF COURT /~ AND NOW, this day of July, 2007, upon consideration of the within Petition a hearing y /, thereon shall be held in courtroom # / , at ~~~o'clock q m., on ~ ..,~ , 2007. The Board of Elections shall serve a copy of the Petition and this Order upon all Respondents by certified mail, restricted delivery, return receipt requested. Edward L. Scho ~` rpp, Esq., Solicitor for Board of Elections - ~d c/o Commissioners Office ~+i1 f 01 D~ ~ .` ".~ ~ ~ ` 7r f"" a _ ~ ; i F , _ !: ~ .... ~ C ~ ~ J ~=' r-~ IN RE: VOTES CAST IN THE 2007 MUNICIPAL PRIMARY FOR THE OFFICE OF SCHOOL DIRECTOR IN REGION 3 OF THE MECHANISCBURG AREA SCHOOL DISTRICT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 07-4194-- CIVIL 2007 ELECTION MATTER CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Petition of the Cumberland County Board of Elections in the above matter was served upon the parties listed below by certified mail, restricted delivery, return receipt requested: Dennis P. Burkhard 20 Edgewood Drive Mechanicsburg, PA 17055 Jerry S. Wills, Jr. 403 W. Elmwood Avenue Mechanicsburg, PA 17055 Joe Conrad 101 E. Woodland Drive Mechanicsburg, PA 17055 ./~_~ l et A. Walter, Paralegal olicitor's Office One Courthouse Square Carlisle, PA 17013 Date: p ~ .:~ ca r~ c. -ri - .-~ c' i~;- ; ~a r~~ „~; ..-- C3 ; c`~ " _ ~-'~ .:;~ 1" ~r* _.-S i~ .. C-~ ~. -' 6__: 1 #• A IN RE: VOTES CAST IN THE 2007 MUNICIPAL PRIMARY FOR THE OFFICE OF SCHOOL DIRECTOR IN REGION 3 OF THE MECHANICSBURG AREA SCHOOL DISTRICT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. CIVIL 2007 ELECTION MATTER C ORDER OF COURT /~ AND NOW, this day of July, 2007, upon consideration of the within Petition a hearing y t /, thereon shall be held in courtroom # / , at ~~do'clock qm., on ~~_,~Ly , 2007. The Board of Elections shall serve a copy of the Petition and this Order upon all Respondents by certified mail, restricted delivery, return receipt requested. ~C~" Edward L. Schorpp, Esq., Solicitor for Board of Elections - hw`d c/o Commissioners Office ~I11I01 D~ ~-. --.. r~ ~. cry ~ ;-~~ r ~ .-- , ; r~--` .~ i _ ~;-, -'1 _~ y„„ J ~ _ ,~ N wl