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HomeMy WebLinkAbout01-6250IN 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-626'°CIVIL 2001 : ELECTION MATTER ORDER AND NOW, this ~day o£November, 2001, upon consideration of thc 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. O~ :~l~d I-AON IO 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~/, 6,~ fo CIVIL 2001 ELECTION MATTER 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. 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 Perm 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 Township Auditor, six year term. A copy of the 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 Darmer 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 staff that a clerical mistake had been made and that Marlene Spangler actually had received 25 Republican write-in votes and 9 Democratic write-in votes. 7 Pursuant to section 3155 of the Election Code, the name of Marlene Spangler should have been printed as the Republican nominee on the 2001 Penn Township Municipal Ballot for the office of Auditor, six year term. 8 The Board of Elections files this Petition pursuant to section 2970 of the 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, ~-'~ennis Marion County Administrator Date: ~,//~L)_ / ff.)/' / - VERIFICATION 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 tree 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 unswom falsification to authorities. County Cumberland Commissioner Date: II/I/t~l RIG SPRING SCHOOL DISTRICT SCHOOL DIRECTOR PENN & COOKE TWPS. 4 YEAR TERM VOTE FOR ONE ~ ~ (27)Wilbur E. Wolf Jr, Rep ED (28)Wayne E. Stevenson Dem (Write-In Candidate Only) TOWNSHIP SUPERVISOR 6 YEAR TERM VOTE FOR ONE ,-~--'_~ (178)Buck Shuller Rep <_¥~ (179)Clyde Barrick Dem (Write-In Candidate Only) TAX COLLECTOR 4YEARTERM VOTEFOR ONE ~ ~ (180)Mable G. Stitt PJD (Writedn Candidate Only) INSTRUCTIONS TO VOTER An Oval ( ~ ) blackened completely before "YES" indicates a vote in favor of the question. An Oval ( ~ ) blackened completely before "NO" indicates a vote against the question. REFERENDUM 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%? YES NO OFFICIAL MUNICIPAL ELECTION BALLOT la1 · Cumberland County__ INSTRUCTIONS TO VOTER 1. TO VOTE YOU MUST BLACKEN THE OVAL ( o ) COMPLETELY. An oval ( o ) 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. STRAIGHT PARTY Republican Democratic November 6 2001 JUDGE OF THE COMMONWEALTH COURT VOTE FOR NOT MORE THAN THREE (9)Renee Cohn Lehigh Counly Rep (10)Robin Simpson Northampton Coumy Rep (11)Mary Hannah Leavitt Dauphin County Rep (12)James J. D0dar0 Allegheny County Dem (13}Jerry Langan Luzeme County Dem (14)irwin W. Aronson Dauphin County Bern (Write-In Candidate Only) (Write-In Candidate Only) (Write-In Candidate Only) SHERIFF 4 YEAR TERM VOTE FOR ONE (15)T0m Kline Dickinson Twp (Write*In Candidate Only) Rep CLERK OF THE CRIMINAL COURT 4 YEAR TERM VOTE FOR ONE (20)Dennis E. Lebo West Pennsbom Twp Rep (21)Diane R. Mshar East Pennsboro Twp. Dern (Writedn Candidate OnlyI REGISTER OF WILLS 4 YEAR TERM VOTE FOR ONE (22)Mary C. Lewis New Cumberland Boro (Wrde-ln Candidate Only) Rep CORONER 4YEARTERM VOTEFOR ONE (23)Michael L. Norris Monroe TWp (Write-In Candidate Only) Rep JURY COMMISSIONER BIG SPRING SCHOOL DISTRICT SCHOOL DIRECTOR PENN & COOKE TWPS. 4 YEAR TERM VOTE FOR ONE ¥ ~ (27)Wilbur E, Wolf Jr. Rep ~__ _; (28)Wayne E. Stevenson Dern (Write-In Candidate Only) TOWNSHIP SUPERVISOR 6 YEAR TERM VOTE FOR ONE © (178)Buck Shuller Rep E-) (179)Clyde Barrick Dem (Write-In Candidate Only) TAX COLLECTOR 4YEARTERM VOTEFOR ONE ¢ ~ (180)Mable G. Stitt (Wrde-ln Candidate Only) R/D ASSESSOR 4 YEAR TERM VOTEFOR ONE E~ (181 )Donald L. Stitt (Write-In Candidate Only) Rep AUDITOR 6 YEAR TERM VOTE FOR ONE (Write-In Candidate Only) JUDGE OF ELECTION 4 YEAR TERM VOTE FOR ONE (288)Teresa A. Smith (Write-In Candidate Only) Rep INSPECTOR OF ELECTION 4 YEAR TERM VOTE FOR ONE INSTRUCTIONS TO VOTER An Oval ( o ) blackened completely before "YES" indicates a vote in favor of the question. An Oval ( o ) blackened completely before "NO" indicates a vote against the question. REFERENDUM 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%? YES NO VOTE BOTH SIDES 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. I14, 1874; Wicr's Case, 13 Phila. 579, 34 L.I. 214, 1877. A petition to open a ballot box under § 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, 1871. 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, I Brewst. 11, 1856; Timlin's Case, Op.Atty. Gen., 4 C.C. 535, 1887; Com. v. Jenkins, 6 Kulp, 17, 1890. And equity will not enjoin an officer 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 two persons, each holding a certificate of election to the same office. Goldsworthy v. Boyle, 34 A. 630, 175 Pa. 246, 1896. The certificate of the election officers, under act of 1840, June 13, P.L. 683, § 1, repealed, is the legal and prima facie evidence of the title to a township or borough office; and the only way of set- ting it aside is by a contest. Com. v, Baxter, 35 Pa. 263, 1860. The certificate of election is prima facie evidence of title to the office and can be set aside only in a proceeding to contest the election; it is conclusive on quo war- ranto. Com. v. Baxter, 35 Pa. 263, 1860. 14. -- Mandamus to compel signing certificate of election Return judges may be compelled by mandamus to sign certificates of election. Com. v. Emminger, 74 Pa. 479, 1873. § 3155. Manner of computing irregular ballots The county board, in computing the votes cast at any primary or election, shall compute and certify votes cast on irregular ballots 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 primary the Secretary of the Commonwealth shall not certify the Votes cast 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 the primary the county board shall not certify the votes cast on irregular ballots for any person for a justice of the peace, constable, 597 o o o o 0 o o (3)Mary Jane Bowes Allegheny County Rep (4)Richard B. Klein Philadelphia County Rep (5)John T. Bonder Atlegheny County Rep (6)David Wecht Allegheny County Dern (7)Lydia Y. Kirkland Philadelphia County Dem (8)Stephanie Domitrovich Ede County Oem PROTHONOTARY 4 YEAR TERM VOTE FOR ONE (18)Curt Long East Pennsboro Twp (19)Glenn A. Brurnbaugh Camo Hill Boro. (Write-In Candidate Only) Rep VOTE BOTH SIDES BOARD OF ELECTIONS 25 P.S. §3155 ELECTION CODE National, State, connty, city, borough, town, township, ward, school district, election or local party office unless the total ~qurnber 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, § 1405. Amended 1968, March 13, P.L. 57, No. 17, § 1; 1971, Dec. 22, P.L. 62-1, No. 165, § 15. Historical and Statutory Notes Section 3(d) of Act 1978, April 28, P.L. 202, No. 53 (the Judiciary Act Repealer Act) [42 P.S. § 20003(d)] provides: "An express reference in any statute or other law to a justice of the peace or to the office of justice of the peace shall hereafter be deemed a reference to a dis- trict justice or to the office of district justice. Any person appointed or elected to judicial office in a magisterial district shall be known as and hereafter shall be commissioned as the 'district justice' in and for the appropriate' magisterial .dis- trict.' Elections ~:~253. WESTLAW Topic No. 144. Library References C.J.S. Elections § 230 ~ P.L.E. Elections § 101 In general Validity 1 Wrtte-lncandldate~ 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 Hal- er, 33 Berks 11, 55 D. & C. 139. t946. 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 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. 3. Write-in candldate~ Where votes were written in on a ballot under a number of variations of what may have been intended to be the same names, which names did not appear on the printed ballot, and in addition some Notes of Decisions of the votes were x~ritten in on the wrong lines of the ballot, this section requires that a petition to c~mul~te all such votes under the correct names of the candi- dates be dismissed. Ii~ re Election in Twenty-first War& I D. & C.2d 615, 1954. County Board in computing votes had no authority to cu~ulai~ votes of similar but not identical true na~nes of wrRe-m candidates on irregular ballots but must compute them exactly ~s 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 r~le does not prevail where paper ballots are in effect, li~ re Whitpain Tp. Election Case, 45 D. & C. 279, 58 Monte. 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 A.2d 62,360 Pa. 249. When voter's intention is found, it should not be defeated by fact that name of candidate is misspelled, wrong initials employed, or some other or slightly dif- ferent name or like or similar pronuncia- tion has been written instead of that of the candidate actually intended to be rot- 598 RETURNS 25 P.S. §3155 I 1. 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-nimh Ward Election, 1 W.N.C. 114, 1874; Wier's Case, 13 Phila. 579, 34 L.L 214, 1877. A petition to open a ballot box under § 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, the3, declined to certify the election of either," is not a proper certificate. Corn. v. Em- minger, 74 Pa. 479, 1871. 13. -- Effect of certificate of election In case of a disagreement between the certificate of election and the return filed in the prothonotary's office the former must prevail. Mann v. Cassidy, i Brewst. 11, 1856; Timfin's Case, Op. Atty. Gen., 4 C.C. 535, 1887; Com. v. Jenkins, 6 Kulp, 17, 1890. And equity will not enjoin an officer 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 two persons, each holding a certificate of election to the same office. Goldsworthy v. Boyle, 34 A. 630, 175 Pa. 246, 1896. The certificate of the election officers, under act of 1840, June 13, P.L. 683, § 1, repealed, is the legal and prima facie evidence of the title to a township or borough office; and the only way of set- ting it aside is by a contest. Com. v. Baxter, 35 Pa. 263, 1860. The certificate of election is prima facie evidence of title to the office and can be set aside only in a proceeding to contest the election; it is conclusive on quo war- ramo. Com. v. Baxter, 35 Pa. 263, 1860. 14. -- Mandamus to compel signing certificate of election Return judges may be compelled by mandamus to sign certificates of election. Com. v. Emminger, 74 Pa. 479, 1873. § ] 155. Manner of computing irregular ballots The county board, in computing the votes cast at any primary or election, shall compute and certify votes cast on irregular ballots 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 primary the Secretary of the Commonwealth shall not certify the votes cast 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 the primary the county board shall not certify the votes cast on irregular ballots for any person for a justice of the peace, constable, 597 25 P.S. § 2872.1 ELECTION (31) Office of district council member in a city of the first Seven hundred fifty. (31.1) Office of district council member in a city of the 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, § 912.1, added 1984, Dec. 12, No. 190, § 2, eft. Jan. 1, 1985. Amended 1989, Feb. 13, P.L. 1, ired. effective. , ] Historical and Statutory Notes The 1989 amendment added the office 1951, May 16, P.L. 302, §:'1~ of district council member in a city of the 1949, April 20, P.L. 619, § 1 second class, which required 100 signa- 1937, June 3, P.L. 1333,§ tures. § 2872). Prior Laws: 1978, April 28, P.L. 202, No. 53, § 2(a) [1193]. Law Review Commentaries Constitutionality 'of nominating petition An excursion signature requirements. 9Il (1977). Elections ~144. WESTLAW Topic No. 144. In general 2 Action* 5 Number of signers 3 Validation of slgnature$ 4 Validity I 50 Temp. L.Q. of the Seventeenth E. Little, 64 Temp. L.Rev. Library References r!l C.J.S. Elections ~ P.L.E. Elections § 43 Notes of Decisions Statute statewide petition with 1,000: be placed on ballot sonabh due process. A.2d 49, 533 Pa. This ! that a candidate signatures not equal cross filing able to preciable voters in state insuring l. Valld~ty Pennsylvania statute which increased t~e number of party members' signatures required to place a candidate's name on primary ballot, in combination with other provisions of the Pennsylvania election code, was unconstitutional as applied to a political party and it~ member~ because it made it effectively impossible for the par- ~y to place candidates on the general elec- tion ballot. Consumer Pm~cy v. Davis, E.D.Pa.1986, 633 F.Supp. 877. 344 ~IOMINATION OF cANDIDATES 25 P.S. § 2872.1 (11) For any other office to be filled by the vote of the electors of the State at large or for any other party office to be electeci by the electors of the State at large: One thousand including at least ()ne 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 hundred. (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 hmadred 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 filled 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 hund~ ed. (26) Public or party offices to be filled by a vote of the electors in counties of the seventh class at large: One hundred. Public or party offices to be filled by a vote of the electors in (27) ' 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 hmadred. 343 25 P.S. §2871 Purpose of law I 1. Purpose of law tion petition iol'nl and be signed on al/ ELECTION CODE Notes of Dectsions sheets of petition, together w th date of signing is that electors who are requested to sign nomination petition wi!l be aware of potential of the delegates COmmit. mere, if he has declared one, prior to the h' signing the petition. Wilds v. Secre. taD of Com. of Pa., 475 A.2d 847, 82 Pa. Cmwlth. 29, 1984. § 2872. Repealed. 1984, Dec. 12, P.L. 968, No. 190, § 1, effee. tire Jan. 1, 1985 Historical ant[ Statutory Notes The repealed section l'C!atcd to nun1- 1951, May 16, P.L. 302, § 1. bets of signers needed for nomination 1978, April 28, P.L. 202, bio. 53, petitions fol' various offices and was de- rived from: § 2(a) [1193]. 1937, June 3, P.L. 13t3, § 912. For subject matter of repealed section, 1949, April 20. PL. 6 9, 5 I see. now, § 2872.1 of this title. § 2872.1. Number of signers required for nomination petitions of candidates at primaries Candidates for nomination o~ offices as listed below shall present a nominating petitiun contaiuing at least as many valid signatures of registered and enrolled members of the proper party as listed below: (1) ?resident of the United States: Two thousand. (2) United States Senate: Two thousand. (3) Governor: Two thousand including at least one hundred from each o[ at least ten counties. (4) Lieutenant Governor: ()ne 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 Geoerah ()ne thousand including a~ least one htm- dred from each of at least five counties. (7) Attorney General: One thousand including at least one hun- dred front each of at least five counties. (8) Justice of the Supreme Court: One thousand including at least one hundred trom 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 Commonweahh Court: One thousand includ- ing at least one hundred from each of at least five counties. 342 I OFFICIAL MUNICIPAL ELECTION BALLOT Cumberland County__ INSTRUCTIONS TO VOTER 1. TO VOTE YOU MUST BLACKEN THE OVAL ( e ) COMPLETELY. An oval ( e ) 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, 3tint 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. STRAIGHT PARTY Republican Democratic JUSTICE OF THE SUPREME COURT VOTE FOR ONE (1)Mike Eakin Lancaster County Rep (2)Kate Ford Elli0tt Allegheny County Dom (Write-In Candidate Only) JUDGE OF THE SUPERIOR COURT VOTE FOR NOT MORE THAN THREE (3)Mary Jane Bowes Allegheny County Rep (4)Richard B. Klein Philadelphia County Rep (5)John T. Bender (6)David Wecht (7)Lydia Y. Kirkland (8)Stephanie Domitrovich (Write-In Candidate Only) (Write-In Candidate Only) (Write-In Candidate Only) JUDGE OF THE COMMONWEALTH COURT VOTE FOR NOT MORE THAN THREE (9)Renee Cohn Lehigh County Rep ·., (10)Robin Simpson Northampton County Rep ~: (11)Mary Hannah Leavitt Dauphin County Rep ~ ¢' (12)James J. Dodaro Allegheny County Dom ~;' (13)Jerry Langan Luzerne County Dem .~- ~-' (14)Irwin W. Aronson Dauphin County Dom (Write-In Candidate Only) (Write-In Candidate Only) (Write-In Candidate Only) SHERIFF 4 YEAR TERM VOTE FOR ONE (15)Tom Kline Dickinson Twp (Write-In Candidate Only) Rep CONTROLLER 4YEARTERM VOTEFOR ONE (16)AI Whitcomb Hampden Twp (Writedn Candidate Only) Rep RECORDER OF DEEDS 4YEARTERM VOTEFOR ONE (17)Robert P. Ziegler Hampden Twp (Write-In Candidate Only) Rep PROTHONOTARY 4YEARTERM VOTE FOR ONE (18)Curt Long East Pennsboro Twp Rep (19)Glenn A. Brumbaugh Camp Hill Boro Dom (Writedn Candidate Only) November CLERK OF THE CRIMINAL COURT 4 YEAR TERM VOTE FOR ONE -, (20)Dennis E. Lebo West Pennsboro Twp Rep ' ~: (21)Diane R. Mshar East Pennsboro Twp Dom (Write-In Candidate Only) REGISTER OF WILLS 4 YEAR TERM VOTE FOR ONE (22)Mary C, Lewis New Cumberrand Boro (Write-In Candidate Only) Rep CORONER 4YEARTERM VOTEFOR ONE (23)Michael L Norris Monroe Twp Rep (Write-In Candidate Only) JURY COMMISSIONER 4 YEAR TERM VOTE FOR ONE ~ (24)Ralph G. Viehman Jr. Mechan[csburg Boro Rep ,~-; (25)Frances Amicucci Mechanicsburg Boro Bern (Write-In Candidate Only) VOTE BOTH SIDES BOARD OF ELECTIONS 071 ~) ES&S ~- B BIG SPRING SCHOOL DISTRICT SCHOOL DIRECTOR PENN & COOKE TWPS. 4 YEAR TERM VOTE FOR ONE ~ (27)Wilbur E. Wolf Jr. Rep Q~ (28)Wayne E, Stevenson Dem (Write-In Candidate Only) TOWNSHIP SUPERVISOR 6 YEAR TERM VOTE FOR ONE © (178)Buck Shuller Rep © (179)Clyde garrick Dom (Write-In Candidate Only) TAX COLLECTOR 4YEARTERM VOTEFOR ONE © (I 80)Mable G. Stitt (Write-In Candidate Only) R/D ASSESSOR 4YEARTERM VOTEFOR ONE © (181)D0nald L. Stitt {Write-In Candidate Only) Rep AUDITOR 6 YEAR TERM VOTEFOR ONE (Write-In Candidate Only) JUDGE OF ELECTION 4 YEAR TERM VOTE FOR ONE (288)Teresa A. Smith (Write-in Candidate Only) Rep INSPECTOR OF ELECTION 4 YEAR TERM VOTE FOR ONE ~-~ (408)Wanda K. Kutz (Write-In Candidate Only) ~_D I Penn INSTRUCTIONS TO VOTER An Oval ( o ) blackened completely before "YES" indicates a vote in favor of the question. An Oval ( o ) blackened completely before "NO" indicates a vote against the question. REFERENDUM 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%? YES NO VOTE BOTH SIDES ©ES&S ~ g6g -lot aq al papualu! ,([[uma~ al~p!puea aql jo aeql jo p~olsu! uan~ uaoq s~q -~unuoad a~i~s aa a~1 aa a~u -j~p qlq~!ls aa aoqlo o~os aa 'paLoldma sl~lllu~ ~uo~ 'Palladssl~ si aluplpu~a jo a~u l~ql la~J iq pal~ajap aq lou plnoqs · 91uo~ 8~ '6LE 'D ~ '~ fi~ 'oseD uo~loa[~ aaded aaaq~ U~Aaad lou soap al~ qans '9~6[ suolslaa~ Jo sa;oN 'I0[ § suo!laal~t '~'Td , '0[Z § suo!laa['..t '$'f'3 saauazaja}[ Km.~ql'I 'ON a!do& MV'LLS~tA~ 'ggE,~ suo!laalH ,,'la!al -sip' I~.Uols!~m ol~!adoadd~ oql aoj pue U! ?a!lsn.f lO~lls!p, a~ ~ pauoIss~mmoa aq ll~qs aaqeaaaq pue ~ ~ou~ oq lleqs la~s!p Ie~als]~ ~ u! a~!~o l~l~pn[ al palaala Jo polulodd~ uosaod Xuv 'oallsn[ la~ls~p JO aa~o aql al aa aa~lsn[ -s!p e al a~ua.~ajaa e pamaap aq Jaljea.:aq Ileqs aaead aql jo oO!lSll.f 30 aatjjo ol 4o aa~acI aql jo ao!lsn.f e al axe1 aaqlo :sapvoad [ (P)~OOOE § '$'d Et,] aaleadalt 1o¥ ,¢ae!a!pnf aql) Eg 'ON 'Td 'gE I!adv 'gL61 ~aV jo (p)£ ua!lanS salON ~aolnl~;S puu ieal.~olslH )DE ~ard ndi- his ~s of be nted uct- unry the fical men y in for, *ires nted unty · be ping es o[ ction ill be ~rd, 2 inting date's 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, 1951. The requirement that ballots be accu- rately printed means proper spelling and spacing, correct position, and in general 25 P.S. § 2970 Note 2 refers to all clerical errors, as well as mistakes and omissions of the county board of elections, and has no application to the printing or non-printing of a de- ceased candidate's name on the ballot. Shroyer v. Thomas, 23 Northumb. L.J. 187, 1952, affirmed 81 A.2d 435, 368 Pa. 70. § 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 any primary or election, the court of common pleas of the proper county, or any judge thereof, may, upon the application of any qualified elector of the county, require the county board of elections to correct the mistake or omission, or to show cause why they should not do so. 1937, June 3, P.L. 1333, art. X, § 1010. Library References Elections ~186(1). CJ.S. Elections § 173. WESTLAW Topic No. 144. P.LE. Elections § 64. In general 1 Mandamus 2 1. In general Generally, one who does not utilize op- portuniiy afforded by statute to object to irregularities in a ballot before an elec- tion may not afterwards raise objections thereto. Oncken 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. This section may be applicable only to clerical errors, but in any event it applies solely to cases where the error or omis- sion was made by the county election board and not to where the alleged error in the order and arrangement of the bal- lot labels was approved by the Secretary of the Commonwealth and followed by Notes of Decisions the county election board in printing the ballots. In re Mistake in Printing of Bal- lots and Bafiot Labels for 1946 General Election, 57 D. & C. 649, 39 Berks 57, 1947. But the mistake or omission in the pub- lication of names or descriptions of can- didates or in the printing of the ballot mentioned in act of 1893, June 10, P.L 419, § 15, repealed, refers to a clerical or incidental error and does not apply where the commissioners wil~ul]y and in- tentionally refuse to print the name of a candidate who claims to be entitled to have his name printed on the ballot. Sin- clair's Nomination, 22 Dist. 1016, 40 C.C. 359, 61 Pitts. 141, 1913. 2. Mandamus Under this section, the proper proce- dure to correct an error in the printing of official ballots or ballot labels is manda- mus, and not a petition for a rule upon the county commissioners to correct the mistake. In re Mistake in Printing of Ballots and Ballot Labels for 1946 Gener- al Election, 57 D. & C. 649, 39 Berks 57, 1947. 439