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HomeMy WebLinkAbout03-6198IN RE: PETITION OF THE : IN THE COURT OF COMMON PLEAS OF COUNTY BOARD OF ELECTIONS : CUMBERLAND COUNTY, PA REQUESTING THE COURT TO DIRECT: THE BOARD OF ELECTIONS TO : NO.0q°'blq~ CIVIL 2003 CERTIFY THE ELECTION OF : ELECTION MATTER NOVEMBER 4, 2003 : PETITION OF THE CUMBERLAND COUNTY BOARD OF ELECTIONS REQUESTING THE COURT TO DIRECT THE BOARD TO CERTIFY THE ELECTION OF NOVEMBER 4, 2003 EXCEPT FOR THE OFFICE OF TOWNSHIP SUPERVISOR FOR THE TOWNSHIP OF SHIPPENSBURG AND NOW, comes the Cumberland County Board of Elections by and through, Stephen D. Tiley, the Assistant Cumberland County Solicitor, and states the following: 1. A general election was held on November 4, 2003 for state and local offices. 2. A Petition was filed November 21, 2003 in accordance with Section 3261 of the Election Code requesting a recanvassing of the vote for the Shippensburg Township Supervisor election. 3. An Order was signed by the Court setting a hearing to consider the Petition to allow the recanvassing of the vote for the Shippensburg Township Supervisor election at 1:30 p.m. on November 26, 2003. 4. No other petitions for recanvassing of votes have been received and the time for petitioning the court has expired. (Five days after completion of the computation of the votes by the return board pursuant to 25 P.S. §2154(f).) 5. The Board of Elections is required by Section 2642 of the Election Code (25 P.S. 2642) to certify no later than the third Monday following the primary or election, the results thereof to the Secretary of the Commonwealth. 6. The office of School Board Director was on the November 4, 2003 ballot for various school districts. 7. The Public School Code, 24 P.S. 3-303 et seq. states that the term of school directors shall begin on the first Monday of December following their election. 8. Your Petitioner is the Cumberland County, Pennsylvania, Board of Elections. WHEREFORE, the Cumberland County Board of Elections prays that your Honorable Court enter an Order directing it to certify the results of the November 4, 2003 election for all offices except for the office of Township supervisor for the Township of Shippensburg on November 24, 2003. Date: November 25, 2003 Respectfidly submitted, ~tephen D. Tiley, Esquire Attorney for Cumberland County Board of Elections 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D. No. 32318 VERIFICATION I, John F. Connolly, Chief Clerk of County of Cumberland, as such I am authorized to make this verification on Petitioner's behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C. S. section 4904 relating to unsworn falsification to authorities. Dated: It' o1, ~''' ,2003 1N RE: PETITION OF THE COUNTY BOARD OF ELECTIONS REQUESTING THE COURT TO DIRECT THE BOARD OF ELECTIONS TO CERTIFY THE ELECTION OF NOVEMBER 4, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO0~'t~[~/~ CIVIL 2003 ELECTION MATTER ORDER And now this~ day of November, 2003, upon consideration of the above captioned Petition it is ordered and decreed that: (a) The Cumberland County Board of Elections shall certify the November 4, 2003, election results for all offices except the office of Township Supervisor for the Township of Shippensburg on, without waiting for the result of the recanvassing of the vote for the office of Township Supervisor for the Township of Shippensburg. (b) The Cumberland County Board of Elections shall certify the election for the office of Township Supervisor for the Township of Shippensburg as soon as the matter has been decided by the Court. ~