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HomeMy WebLinkAbout10-4220IN RE: PETITION FOR NEW VOTING DISTRICTS IN SOUTH MIDDLETON TOWNSHIP IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~ ~ N d~t~U CIVIL DIVISION n ~ Q z ~ ~ ~ ~ L, ~ ' ~ i, r ~"B - C..... , a, +..-_ ~.i =~-; ~ ~:. ~~~ ~:~ =~ c'? cVa ~ ~~ -~ '~L PETITION FOR ESTABLISHMENT OF NEW VOTING DISTRICTS IN SOUTH MIDDLETON TOWNSHIP AND NOW, comes the Petitioners, the Board of Supervisors ("Supervisors") of South Middleton Township ("Township") and the registered voters of the existing four (4) precincts of South Middleton Township, Cumberland County, by and through undersigned counsel, Richard P. Mislitsky, Esquire, and hereby Petitions this Honorable Court, pursuant to the Pennsylvania Election Code, Sections 508 and 503 (25 P.S. §§ 2702 and 2703), for the creation of nine (9) new election districts to replace the present precincts in the Township, and in support of this Petition avers as follows: 1. Petitioners are the Board of Supervisors of South Middleton Township, the governing body and legal representative of the Township's citizens, a Township of the Second Class, with its principal place of business being located at 520 Park Drive, Boiling Springs, Cumberland County, Pennsylvania. 2. Petitioners also are the registered voters residing in all of the present four (4) voting precincts in the Township. In compliance with Section 503 of the Pennsylvania Election Code (25 P.S. §2703)("Code"), attached hereto as Exhibits Al through A4 are the signed 9a ~,~ ~.~ ~~ y~G ~ ~.su~~ Petitions of at least 20 registered electors from each of the four (4) election districts. A copy of the map depicting the existing four voting districts is attached and marked Exhibit B. 3. Section 502 of the Pennsylvania Election Code, 25 P.S. § 2792, provides, in pertinent part, the following: "The Court of Common Pleas of the County in which the same are located, may form or create new election districts by dividing or re-dividing any borough, township, ward or election district in two or more election districts of compact and contiguous territory...Except for good cause shown, election districts so formed shall not contain more than one thousand two hundred (1,200) registered electors." 4. According to the Precinct Registration Summary contained on the street list as of November 2009, the First Precinct of the Township contained 2,658 registered voters, more than twice the recommended number set forth in 25 P.S. § 2792. 5. According to the Precinct Registration Summary contained on the street list as of November 2009, the Second Precinct of the Township contained 2,968 registered voters, more than twice the recommended number set forth in 25 P.S. § 2792. 6. According to the Precinct Registration Summary contained on the street list as of November 2009, the Third Precinct of the Township contained 513 registered voters, well within the statutory recommendation. 7. According to the Precinct Registration Summary contained on the street list as of November 2009, the Upper Precinct of the Township contained 3,340 registered voters, almost three times the recommended number set forth in 25 P.S. § 2792. 8. According to the 2000 U.S. Census, as interpreted by the Cumberland County Bureau of Elections and Voter Registrations, approximately 4,010 people reside in the First Precinct of the Township. 9. According to the 2000 U.S. Census, as interpreted by the Cumberland County Bureau of Elections and Voter Registrations, approximately 3,921 people reside in the Second Precinct of the Township. 10. According to the 2000 U.S. Census, as interpreted by the Cumberland County Bureau of Elections and Voter Registrations, approximately 1,048 people reside in the Third Precinct of the Township. 11. According to the 2000 U.S. Census, as interpreted by the Cumberland County Bureau of Elections and Voter Registrations, approximately 3,960 people reside in the Upper Precinct of the Township. 12. Section 503 of the Pennsylvania Election Code, 25 P.S. § 2703, states in pertinent part: "Upon the petition of twenty registered electors of any township...or election district, to the court of the proper county, praying for the division or re-division of such township...or election district...the said court shall refer the said petition to the county board of elections, which shall make a full examination of the facts, and shall report to the court its findings and recommendations as to the division...prayed for. If the county board shall find that a division...of election districts will promote the convenience of the electors and the public interests, it shall recommend a proper division...which must have clearly visible physical boundaries...and shall accompany its report with a map and a verbal description of the boundaries, as well as a certification of the number of electors registered in each of the resulting election districts for the immediately preceding general or municipal election." 13. Voting for the First Precinct currently takes place at Carlisle First Church of the Brethren, 1340 Forge Road, Carlisle. 14. Voting for the Second Precinct currently takes place at South Middleton Fire Company, 405 Forge Road, Boiling Springs. 15. Voting for the Third Precinct currently takes place at Mt. Victory United Methodist Church, 1 Victory Church Road, Gardners. 16. Voting for the Upper Precinct currently takes place at St. Patrick's Church, 85 Marsh Road, Carlisle. 17. Petitioners believe and therefore aver that the present voting precincts in the Township should be reorganized and re-divided into nine (9) new election districts, which election district shall be numbered First Precinct through Tenth Precinct inclusive. 18. Petitioners request that the nine (9) new election districts be created in order to accommodate the convenience of the registered voters and to promote the public interest and participation in elections by registered voters. 19. Section 503 of the Code (25 P.S. §2703) requires that each election district have "...clearly visible physical boundaries conforming with census block lines" from the most recently completed federal decennial census. It is believed and therefore averred that the attached map (marked as Exhibit "C") satisfies the mandate of § 503. Petitioners therefore request this Honorable Court to approve the proposed new precincts, adopt the boundaries depicted on the street map attached hereto as Exhibit C. 20. Petitioners believe and therefore aver that the following locations, either existing or proposed, would be suitable locations for polling places for the proposed nine (9) election districts, all of which are handicapped accessible: Mt. Holly Springs United Methodist Church, 202 West Butler Street Mt. Holly Springs Church of God, 602 McLand Road Mt. Zion United Methodist, 420 Park Drive Greek Orthodox Church, 350 West Old York Road St. John Evangelical Lutheran, 111 Walnut Street Unitarian Universalists, 2 Forge Road Otterbein United Methodist, b47 Forge Road Calvary Temple Holiness, 716 Forge Road Faith Chapel, 1453 Holly Pike Bethel Assembly of God, 1412 Holly Pike Brethren in Christ, 1155 Walnut Bottom Road Church of Christ, 971 Walnut Bottom Road W.G. Rice Elementary, 805 Holly Pike Iron Forge Educational Center, 4 Forge Road South Middleton Township Building, 520 Park Drive Carlisle Evangelical Free Church, 290 Petersburg Road 21. As required by Section 502 of the Code (25 P.S. § 2702), none of the proposed new precincts will exceed the recommended 1,200 registered voters. 22. Petitioners believe it is necessary and appropriate to create new voting precincts from the existing four (4) precincts of the Township for, among other things, the following reasons: a. Three (3) of four (4) of the existing voting precincts in South Middleton Township exceed the recommended 1,200 registered voters as set forth in Code. The first voting precinct has no less than 2,658 registered voters. The second precinct has no less than 2,968 registered voters. The Upper voting precinct has no less than 3,340 registered electors; and b. The large number of registered voters who must cast their votes at each of the aforesaid precincts creates undue and extended delays during primary and, particularly general elections. This discourages prospective voters from exercising their constitutional right. Petitioners believe and therefore aver that during general elections numerous voters in each of the aforesaid precincts leave the polling place without voting as a result of the unreasonable length of time it takes to cast their votes. It is further believed and therefore averred that voters in each of the aforesaid three precincts do not even attempt to vote because of the long lines and inordinate delays; and c. Each of the four (4) township voting precincts, and the Township in general, continues to experience growth in both housing numbers and population. It is believed and therefore averred that the present situation which discourages or prevents citizens from voting will only become worse in the future unless relief is granted by this Honorable Court; and d. Section 1220 of the Code (25 P.S. § 3060(a)) prohibits more than ten (10) voters from being present in the space provided for voting in any polling place. Adding additional election booths, or other accommodations, will not alleviate the long lines and unreasonable delays experienced by voters in the aforesaid precincts; and e. Since Democrat and Republican county committees are organized by, and limited to, two committee persons for each voting precinct, voters registered as either Democrat or Republican in the Township are underrepresented in all actions taken by their respective county committee, including but not limited to endorsements of parry candidates; and f. The elected party committee members in three (3} of the four (4) Township precincts are unduly burdened by the excessive amount of voters in their respective voting districts. 23. The Supervisors of South Middleton Township at its regularly scheduled meeting held on February 25, 2010 adapted Resolution No. 04-2010 requesting, among other things, that this Honorable Court refer the instant Petition to the Cumberland County Board of Electors for proper consideration pursuant to the Pennsylvania Election Code. A copy of said duly adopted Resolution is attached hereto and marked Exhibit D. WHEREFORE, the Petitioners, set forth in paragraphs 1 and 2 hereof„by and through the undersigned Solicitor respectfully pray that this Honorable Court direct the Cumberland County Board of Elections to fully investigate the facts as alleged in this Petition and to report to this Honorable Court its findings and recommendations as to the creation of new election districts in order to promote and serve the convenience of the voters and the public interest in general. Respectfully submitted, Date:~j~~~^p~~(U Richard P. Mislitsky, squire One West High Street P. O. Box 1290 Carlisle, PA 17013 (717) 241-6363 Attorney ID# 28123 PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE FIRST VOTING PRECINCT IN SOUTH MIDDLETON TOWNSHIP WHEREAS, based on numerous complaints, the South Middleton Township Board of Supervisors previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at our voting precincts in the Township, including the First Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establi~l`i voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, the voting precincts in the Township (with no less than 2,658 registered electors in the First Precinct) have faz surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of South Middleton Township's First Precinct voting district do hereby join with our Board of Supervisors in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at our voting precincts, including the First Precinct. Signature of Elector Address of Elector 'T.' d J~ h~ l Z ~ ~ t r'F ~~, ~ a v jt s ~t / ~c.~ ~~ 1~11~• ii % i. 2 ss~ ,80 0 .G ,~~ vi s~ nEXHIBIT ~\" Sisnature of Elector ~andRt ~. C,~(/1,edon ~~~~ e.~..~,~._; ate, Address of Elector /~! ~ucxtlSo~en ~•, ~/is/g /'~•- I/V W ' ~ a. CJ,.~.~,.-~- ~~~ ~~ ~~ ,~ S »5 ~~ !~3 ~,~ ~y o u Q?- CA~ t2 ~ ~s~ ~, t 7 o t ~-- ~ ~ ~, ~~ 1 ~©/ b~ !70/~ /~ ~A /~i,~. r d o ~d. C4.r1~.~. Pte. l70~~"' ,~ -- 0~'3 ~ ~i b~L-~ ~~ r ~~ ~ 1 lS~r ~ 76 !~' ~ ,' 1 Address of Elector ssa o L~, ~,9 ~~ rS 3C~ ~ J~o~3 ~ rz.. C~,~,.~. Cum.. ' ~ o/s ~o~ ,4 ~~,~~ PA~~~s ~zv Ca ~l ~ N'~'Rv .b~ _ C~t~-1 st~e; ~~j- I ~o I.~ 1 Z. v ~vv/'.~,~vy ~ Cp~4,C. J~k 1'7i 1 ~' '~/ ~ ~ ~cJoe ~ C~ ~,a ~' L, sl c ~ ~~0%3 f ~ t~,.,~L7 ~,,:.c a,. wit. Ga,c 1; sl ~ , l7tl t .~ ~ ao~.r' ~ Tc ~3 ,714. ~ 70/ 3 ~a. ~ /' ~4 /.~ f :v i'7//3 Sisnature of Elector ~ ~~ ~_, , T /G ~rlsc~.~ Dr. ~a.Jt1~.1~14. !7e/S ~~/ ~,~. ~ C.~ y rlc ~,-` Dr ~ar~ ~ ~ r ~ i ~~ r3 _ A A I -_ (.'~-~~ ~~ ,. .. '~, '. Signature of Elector 1'?01~~ tics ~s ! ~ ~/3 ~ 7~~ ~7~~.~' / 7 C ~~5~ r1~~, n Q I ~ 170 - y _ Address of Elector ~~. ~.,~en, r ~I ~~.. An. , CAA.w~a DA ,6~~ ,~.,,,~.,~ e,oa ~~..,.x..~,C. ZJ ia~ ~ R-c._ ~.~.~. fit ~ ~ 7 -~01.~ k 6? ~a.Q~ PA- C~ a~.l~ dpi .~. ru.~~ ~u ~~ ~P<~, .. ` ~ PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN SOUTH MIDDLETON TOWNSHIP WHEREAS, based on numerous complaints, the South Middleton Township Board of Supervisors previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at our voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, the voting precincts in the Township (with no less than 2,968 registered electors in the Second Precinct} have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of South Middleton Township's Second Precinct voting district do hereby join with our Board of Supervisors in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at our voting precincts, including the Second Precinct. Address of Elector b,cl•f~ itLl o,,.~ OQ f3~i c~ s ~x wL.i, !~A / nu,:,n ~ ~ EXHIBIT -~ Signature of Elector ti r r Address of Elector ~. ~ ~~ ,,~~` ~ ve ~ ~ ~•I ~ `' yin c !I -~-^ r~- ;~> ~d Ct /" iCf~~- ~'i ~ i/~. 13~iL~N6 5~/~'GS ~/~ / 70p7' C~ Rio oT~ ~,<, D R 1 rg~,~ `...- ~SQ+~ ~~ ~' 3 ~~ ~{ Sit-~ Cz ~' E ~ i G `i ~~{,~~~ ° (3 ~. -,>~) '„y J' +~-fi ~ /? 1~~~~ 3 r •r ~~~, ~0 / 70 0 ~ ',~ ~~ ~~ " s ~~ 177 373 ~~ ~ i~ .~~-cif ~°.~ /~UQ ~ S'~~7 a ~ (,1~--~ur-d-e~'~l, Cyr l~ sln,PQ l ~~ ~~ Si a of Elect L, J r i r-~. ; . :. PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE THIRD VOTING PRECINCT IN SOUTH MIDDLETON TOWNSHIP WHEREAS, based on numerous complaints, the South Middleton Township Board of Supervisors previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at our voting precincts in the Township, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, the voting precincts in the Township (with no less than 2658 registered electors in our other precincts) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of South Middleton Township's Third Precinct voting district do hereby join with our Board of Supervisors in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at our voting precincts, including the Third Precinct. Signature of Elector Address of Elector C~J1A. ~ I~CK~ ~D `f ~JC2~tY`n~s1.P '1 „L~ , ~CL~G~ 1(lphA , ~` G~ G l Q~~- f r ~~ ~'~ S~-T~/ ~.~ ~,eo,v~,rs p~1 ~ 732 ~B .~ ~ ~ ~. i ~ 3 a ~ ~- Signature of Elector Address of Elector ._, Signature of Elector ~. Address of Elector il,~ G'.~-v~...c°..~ ~~ ~ti X73 a t ., %~ %~~~~ cl'7 Vrc ~-7'a2`~ C~y2c,~ ~da~D G~1Qa3~~s ~ ~. ~ ~ ~~~~ /~ , ,, 8 ~S g~~ ~l rri~' ~ e Per ~Q n~n P1~ 1 Lr ~ 1 ~-~-~ < ~~S ~~v ~~ .~ard.~uo ~/~ 173~~ D 7S ~ l r~/1~)0-~ iii ~ y Qc~.rdv,R.-~ P.Q 1732 / ~ ~ a l~~ ~-•~ar-e. ~f k~.. ~+~rS. ~~ 172 ~ k 2 ~-n~ ~ ~~' ru~2 i~ /73L ~ ~ ~~~~~ ~~~~~~~~~ 173 l p La CI.Y~ ~' ~ ~~ ~~ 1~3~~ PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE UPPER VOTING PRECINCT IN SOUTH MIDDLETON TOWNSHIP WHEREAS, based on numerous complaints, the South Middleton Township Board of Supervisors previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at our voting precincts in the Township, including the Upper Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, the voting precincts in the Township (with no less than 3,340 registered electors in the Upper Precinct) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of South Middleton Township's Upper Precinct voting district do hereby join with our Board of Supervisors in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at our voting precincts, including the Upper Precinct. Signature of Elector Address of Elector 7 ~nr~Ivi~Ul Dri vex NHS, P~ l ~a1~5 y6 ~~ ~a,~~.r ~ ~. ~i~n~~~i fix, ~7©~,~ .. ,, 5 ~: ~.~~ EXHIBIT "~ Signature of Elector l , Address of Elector J ~ 1 !~ 3 ~~ l r"2-~r,~~ 1.~' ISM >, ~ ~ ~rw~ c~rr L y G ~f Nt= raj r~j~ .~ ~~ S ~F ~ ~d i 5 3~ y ~.o~ ~nc.P.~ r ~~ ~s-- ,~~~ -~ '~ ~~~ f ~~S ~7~r~ ~, ~~ Idly Ste„ -- ~ ~ -~~ ~~ 3o G - (~?cis ¢~%d6s-" 1 ~= cl . ~. j41 ~`1 of ~ ~ ~"c~~e'~ °~U-GU L~ ~~~t ~w ~ rJ D I ~ti - ~- ~ e/3 GP aa= s, s PK<<ivc ~ltow, Sc~ ~~~ gi..e,~RC~vt~ Li7~ (,% ,~~ . 0 r ~~ L.nvw+Yyv ~•. w ~.~rriv .;~~ ~.r~, ~/.__ .. i v~-- Address of Elector ~ 3 ~ Q~ sari (~ ~y C-~rCt.s l~ 1 ~ t~~ S~' fli ~T1Yl ~~. ~IT ~~, J/!~ /~f f7d~J~. c ~~ !Zo t.t~ ~~ 3 20~ ~+a~uGQCST ~Q ~'~ usLC t?~' ~ t < <r S ~~' ~ ~{ b a Cc.l .n.QrQ~ ~~ ~ i ~~'. `~~ ~ 7~ r 3 Signature of Elector SOUTH MIDDLETON TOWNSHIP RESOLUTION NO. 04 of 2010 WHEREAS, the Board of Supervisors (hereinafter referred to as the "Supervisors") of the Township of South Middleton (hereinafter referred to as the "Township"), Cumberland County, Pennsylvania, is the governing body in the Township of South Middleton, defined as a "Township of the Second Class", situate in Cumberland County, Pennsylvania; and WHEREAS, the Township presently has four (4) voting districts or precincts located within its geographical boundaries; and WHEREAS, the Supervisors have received complaints from registered electors in the voting precincts of the Township as to delays encountered when voting in the primary and general elections because of the large numbers of registered electors being served in the said precincts; and WHEREAS, Section 503 of the Pennsylvania Election Code, 25 P.S. § 2703, authorizes no less than twenty (20) registered electors of an election district to petition the Cumberland County Court of Common Pleas ("Court") praying for the formation of new election districts. NOW, THEREFORE, be it RESOLVED, that the Supervisors hereby: 1. Accept the Petitions, containing the signatures of registered electors, (See series of Petitions, marked as Exhibits "B-1 through B-4" inclusive, attached hereto) that were circulated on and after November 2, 2009, seeking the creation of new voting districts by re-dividing all four (4) present voting precincts of the Township, and creating nine (9) new voting precincts; and 2. Request the Court of Common Pleas of Cumberland County to accept this Resolution No. 04, dated February, 2010, and the attached Petition and refer the Resolutions to the County Board of Elections for its proper consideration; and 3. Authorizes Barbara Wilson, Township Manager, and Richard P. Mislitsky, Esquire, Township Solicitor, to take all necessary and appropriate actions to enclose this EXHIBIT Resolution with the Petition to be prepared and filed with the Court of Common Pleas of Cumberland County, Pennsylvania. RESOLVED, this 25~' day of February, 2010. ATTEST: ~. t~1'1 -1Ct ~ ltt Sandra Quicke ,Secretary SOUTH MIDDLETON TOWNSHIP BOAS. OF ~UP~RV~SORS Thomas E. Faley Walter G. Ronald L. Reeder Bry A. Gembusia ~. ~ i ~, R. D f eiler D ~ ,~ Y JUN 2 5 2010 JUN 2 ~ 2010 N RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR NEW VOTING DISTRICTS IN SOUTH MIDDLETON TOWNSHIP CIVIL DIVISION ORDER AND NOW, this Z8` day of , 2010, upon consideration of the Petition for Establishment of New Voting Districts in South Middleton Township, it is hereby ORDERED and DECREED that the Petition shall be forwarded to the County Board of Elections to make a full examination of the facts and report to this Court its findings and recommendations. ribution: and P. Mislitsky, Esquire ~~ Edward L. Schorpp, Esquire I Ala. acv ~~ BY THE COURT, IN RE: PETITION FOR NEW : IN THE COURT OF COMMON PLEAS OF VOTING DISTRICTS IN :CUMBERLAND COUNTY, PENNSYLVANIA SOUTH MIDDLETON TOWNSHIP . {"} rv CIVIL DIVISION r- ~--~ N0.2010-4220 CIVIL `'',`=~~ ~c `~ _~ V " fy~, '~ ` _ `' .. - ~ L: } REPORT OF THE ~ _. CUMBERLAND COUNTY BOARD OF ELECTIONS ~ =_ r•`•' The Board of Elections was directed pursuant to a Petition filed by registered ~ectgrs of _ South Middleton Township to make a full investigation of the facts presented in said Petition and to report to the Court its findings and recommendations as to the division, redividion, alteration, formation or consolidation of the election district prayed for by Petitioners. The Board of Elections has determined, as of July, 2010, that the following are the number of registered voters in each of the current election districts in South Middleton Township: South Middleton 1 2716 South Middleton 2 2996 South Middleton 3 513 South Middleton Upper 3352 The Board of Elections agrees that three (3) of the four (4) voting districts in South Middleton Township contain more registered voters than is statutorily recommended. Section 2702 of the Election Code states as follows: "[E]xcept for good cause shown, election districts so formed shall not contain more than one thousand two hundred (1200) registered electors." 25 P.S. § 2702. The Board of Elections is aware that some voters in the election districts in South Middleton Township have experienced long lines and length of time to cast their votes. The Board of Elections agrees that South Middleton Township will continue to experience growth in both its housing and population. The Election Code, 25 P.S. §§ 2702 & 2703, requires that the formation or creation of new election districts by dividing or redividing any, township and or election districts into two or more election districts of compact and contiguous territory must promote the convenience of the electors and the public interests and must have clearly visible physical boundaries conforming with the census block lines from the most recently completed Federal decennial census. The Board of Elections has determined that the boundaries of the proposed new election districts set forth in the Petition do conform to the census block lines from the most recently completed Federal decennial census. The Board of Elections is recommending that the proposed new election districts in South Middleton Township, as set forth in the Petition, be accepted. The Board of Elections is recommending the new election districts in South Middleton Township be known as follows: South Middleton 1 South Middleton 2 South Middleton 3 South Middleton 4 South Middleton 5 South Middleton 6 South Middleton 7 South Middleton 8 South Middleton 9 The proposed election districts would consist of approximately the following number of registered voters: South Middleton 1 1129 South Middleton 2 1099 South Middleton 3 923 South Middleton 4 1177 South Middleton 5 1056 South Middleton 6 1001 South Middleton 7 1035 South Middleton 8 1028 South Middleton 9 1038 The following proposed polling places for the new election districts in South Middleton Township have been made available: Precinct Address of Polling Place South Middleton 1 Mt. Victory United Methodist Church 1 Victory Church Road Gardners, PA South Middleton 2 South Middleton 3 South Middleton Township Building 520 Park Drive Boiling Springs, PA Mt. Holly Springs Church of God 602 McLand Road Mt. Holly Springs, PA South Middleton 4 St. Patrick Church 85 Marsh Drive Carlisle, PA South Middleton 5 Carlisle Evangelical Free Church 290 Petersburg Road Carlisle, PA South Middleton 6 Unitarian Universalist Church 2 Forge Road Boiling Springs, PA South Middleton 7 South Middleton Fire Company 405 Forge Road Boiling Springs, PA South Middleton 8 Carlisle First Church of the Brethren 1340 Forge Road Carlisle, PA South Middleton 9 Otterbein United Methodist Church 647 Forge Road Carlisle, PA The boundaries of the proposed election districts are set forth in the attached Exhibit "A" and as shown on the attached map marked as Exhibit "B". The Board of Elections will post, in at least five conspicuous places in the election districts of South Middleton Township, one of which will be posted at the current polling places, a notice setting forth the date, time and location of a hearing regarding this matter if so directed by the Court. BOARD OF ELECTIONS ~/" Gary 'chard L. Ro ~ no, VioC~ Chairman Date: 8 - ~ - to ~ Barbara B. Cross, Secretary EXHIBIT "A" BOUNDARY DESCRIPTIONS South Middleton Township 9 Voting Frecincts South Middleton 1 -Beginning at the Lurgan Branch railroad at the Dickinson Township municipal boundary (which beginning point is approximately 500 feet, more or less, south of Pine Road); then easterly along the Lurgan Branch railroad to the Mount Holly Springs Borough municipal boundary; then by the Mount Holly Springs municipal boundary along its various bearings to the northern tracksof the Lurgan Branch railroad; then along the Lurgan Branch railroad to Petersburg Road; then southerly along Petersburg Road to its intersection with Whiskey Springs Road; then southerly along Whiskey Springs Road to the York County boundary; then southwesterly along the York County and Adams County boundaries to the common boundary of Adams County and Dickinson Township; then northerly along the Dickinson Township municipal boundary to the Lurgan Branch railroad. South Middleton 2 -Beginning at the intersection of the Holly Pike (State Route 34, SR 0034} and East Old York Road (State Route 174, SR 0174); then easterly along State Route 174 to the Monroe Township municipal boundary; then southerly along the Monroe Township municipal boundary to its common boundary with York County; then south westerly along the York County boundary to Whiskey Springs Road, then northerly along Whiskey Springs Road to its intersection with Petersburg Road; then northerly along Petersburg Road to the Lurgan Branch railroad; then westerly along the Lurgan Branch railroad and the northern tracks of the Lurgan Branch railroad to the Mount Holly Springs Borough municipal boundary; then along the Mount Holly Springs Borough municipal boundary by its various bearings to the Holly Pike (State Route 34, SR0034); then northerly along the Holly Pike (State Route 34) to its intersection with East Old York Road (State Route 174). South Middleton 3 -Beginning at the common boundary of Dickinson Township, South Middleton Township and Carlisle Borough; then along the Carlisle Borough municipal boundary by its various bearings to Walnut Bottom Road; then southwesterly along Walnut Bottom Road to its intersection with Eastgate Drive; then southerly along Eastgate Drive to its intersection with Rockledge Drive; then southerly along Rockledge Drive to its intersection with West Old York Road (State Route 174, SR 0174); then easterly along West Old York Road (State Route 174) to its intersection with the Holly Pike (State Route 34, SR 0034); then southerly along the Holly Pike (State Route 34) to the Mount Holly Springs Borough municipal boundary; then westerly and southerly along the Mount Holly Springs Borough municipal boundary by its various bearings to the Lurgan Branch railroad; then westerly along the Lurgan Branch railroad to the Dickinson Township municipal boundary (approximately 500 feet, more or less, south of Pine Road); then northerly along the Dickinson Township municipal boundary to its common boundary with South Middleton Township and Carlisle Borough. South Middleton 4 -Beginning at the Carlisle Borough municipal boundary on Walnut Bottom Road; then along the Carlisle Borough municipal boundary by its various bearings to a point east of Goodyear Lane; then easterly along the Carlisle Borough municipal boundary to the LeTort Springs Run; then southerly along the LeTort Springs Run to the Holly Pike (State Route 34, SR 0034); then southerly along the Holly Pike (State Route 34) to its intersection with West Old York Road (State Route 174, SR 0174); then westerly along West Old York Road (State Route 174) to its intersection with Rockledge Drive, then northerly along Rockledge Drive to its intersection with Eastgate Drive; then northerly along Eastgate Drive to its intersection with Walnut Bottom Road; then northeasterly along Walnut Bottom Road to the Carlisle Borough municipal boundary. South Middleton 5 -Beginning on West Trindle Road at the Carlisle Borough municipal boundary (State Route 641, SR 0641); then easterly along West Trindle Road (State Route 641) to Interstate 81; then southerly along Interstate 81 to Petersburg Road; then southerly along Petersburg Road to its intersection with East Old York Road (State Route 174, SR 0174); then westerly along East Old York Road (State Route 174) to its intersection with the Holly Pike (State Route 34, SR 0034); then northerly along the Holly Pike (State Route 34) to the LeTort Springs Run; then northerly along the LeTort Springs Run to the Carlisle municipal boundary; then along the Carlisle Borough municipal boundary by its various bearings to West Trindle Road (State Route 641). South Middleton 6 -Beginning at the intersection of Petersburg Road and Lindsey Road; then along Lindsey Road easterly, northerly and easterly to its intersection with Forge Road; then southerly along Forge Road to its intersection with West First Street (State Route 174, SR 0174); then westerly along State Route 174 to its intersection with Petersburg Road; then northerly along Petersburg Road to its intersection with Lindsey Road. South Middleton 7 -Beginning at the intersection of Forge Road and Lindsey Road; then easterly along Lindsey Road to its intersection with South Ridge Road; then northerly along South Ridge Road to its intersection with York Road (State Route 74, SR 0074); then southerly along York Road (State Route 74) to the Monroe Township municipal boundary; then southerly along the Monroe Township municipal boundary to Boiling Springs Road (State Route 174); then westerly along Boiling Springs Road (State Route 174) to its intersection with Forge Road; then northerly along Forge Road to its intersection with Lindsey Road. South Middleton 8 -Beginning on Petersburg Road at Interstate 81; then northerly along Interstate 81 to York Road (State Route 74, SR 0074); then southerly along York Road (State Route 74) to its intersection with Westminster Drive; then westerly along Westminster Drive to its intersection with Forge Road; then southerly along Forge Road to its intersection with Lindsey Road; then westerly, southerly and westerly along Lindsey Road to its intersection with Petersburg Road; then northerly along Petersburg Road to Interstate 81. South Middleton 9 -Beginning on West Trindle Road (State Route 641, SR 0641) at Interstate 81; then easterly along West Trindle Road (State Route 641) to its intersection with the Monroe Township municipal boundary; then southerly along the Monroe Township municipal boundary to York Road (State Route 74, SR 0074); then northerly along York Road (State Route 74) to its intersection with South Ridge Road; then southerly along South Ridge Road to its intersection with Lindsey Road; then westerly along Lindsey Road to its intersection with Forge Road; then northerly along Forge Road to its intersection with Westminster Drive; then easterly along Westminster Drive to its intersection with York Road; then northerly along York Road to Interstate 81; then northerly along Interstate 81 to West Trindle Road (State Route 641). South Middleton 1 -Beginning at the Lurgan Branch railroad at the Dickinson Township municipal boundary (which beginning point is approximately 500 feet, more or less, south of Pine Road); then easterly along the Lurgan Branch railroad to the Mount Holly Springs Borough municipal boundary; then by the Mount Holly Springs municipal boundary along its various bearings to the northern tracksof the Lurgan Branch railroad; then along the Lurgan Branch railroad to Petersburg Road; then southerly along Petersburg Road to its intersection with Whiskey Springs Road; then southerly along Whiskey Springs Road to the York County boundary; then southwesterly along the York County and Adams County boundaries to the common boundary of Adams County and Dickinson Township; then northerly along the Dickinson Township municipal boundary to the Lurgan Branch railroad. South Middleton 2 -Beginning at the intersection of the Holly Pike (State Route 34, SR 0034) and East Old York Road (State Route 174, SR 0174); then easterly along State Route 174 to the Monroe Township municipal boundary; then southerly along the Monroe Township municipal boundary to its common boundary with York County; then south westerly along the York County boundary to Whiskey Springs Road, then northerly along Whiskey Springs Road to its intersection with Petersburg Road; then northcrly along Petersburg Road to the Lurgan Branch railroad; then westerly along the Lurgan Branch railroad and the northern tracks of the Lurgan Branch railroad to the Mount Holly Springs Borough municipal boundary; then along the Mount Holly Springs Borough municipal boundary by its various bearings to the Holly Pike (State Route 34, SR0034); then northerly along the Holly Pike (State Route 34) to its intersection with East Old York Road (State Route 174). South Middleton 3 -Beginning at the common boundary of Dickinson Township, South Middleton Township and Carlisle Borough; then along the Carlisle Borough municipal boundary by its various bearings to Walnut Bottom Road; then southwesterly along Walnut Bottom Road to its intersection with Eastgate Drive; then southerly along Eastgate Drive to its intersection with Rockledge Drive; then southerly along Rockledge Drive to its intersection with West Old York Road (State Route 174, SR 0174); then easterly along West Old York Road (State Route 174) to its intersection with the Holly Pike (State Route 34, SR 0034); then southerly along the Holly Pike (State Route 34) to the Mount Holly Springs Borough municipal boundary; then westerly and southerly along the Mount Holly Springs Borough municipal boundary by its various bearings to the Lurgan Branch railroad; then westerly along the Lurgan Branch railroad to the Dickinson Township municipal boundary (approximately 500 feet, more or less, south of Pine Road); then northerly along the Dickinson Township municipal boundary to its common boundary with South Middleton Township and Carlisle Borough. South Middleton 4 -Beginning at the Carlisle Borough municipal boundary on Walnut Bottom Road; then along the Carlisle Borough municipal boundary by its various courses to the LeTort Springs Run; then southerly along the LeTort Springs Run to the Holly Pike (State Route 34, SR 0034); then southerly along the Holly Pike (State Route 34) to its intersection with West Old York Road (State Route 174, SR 0174); then westerly along West Old York Road (State Route 174) to its intersection with Rockledge Drive, then northerly along Rockledge Drive to its intersection with Eastgate Drive; then northerly along Eastgate Drive to its intersection with Walnut Bottom Road; then northeasterly along Walnut Bottom Road to the Carlisle Borough municipal boundary. South Middleton 5 -Beginning on West Trindle Road at the Carlisle Borough municipal boundary (State Route 641, SR 0641); then easterly along West Trindle Road (State Route 641) to Interstate 81; then southerly along Interstate 81 to Petersburg Road; then southerly along Petersburg Road to its intersection with East Old York Road (State Route 174, SR 0174); then westerly along East Old York Road (State Route 174) to its intersection with the Holly Pike (State Route 34, SR 0034); then northerly along the Holly Pike (State Route 34) to the LeTort Springs Run; then northerly along the LeTort Springs Run to the northernmost juncture of the Carlisle Borough municipal boundary with the LeTort Spring Run; then easterly and northerly along the Carlisle Borough municipal boundary by its various bearings to West Trindle Road (State Route 641). South Middleton 6 -Beginning at the intersection of Petersburg Road and Lindsey Road; then along Lindsey Road easterly, northerly and easterly to its intersection with Forge Road; then southerly along Forge Road to its intersection with West First Street (State Route 174, SR 0174); then westerly along State Route 174 to its intersection with Petersburg Road; then northerly along Petersburg Road to its intersection with Lindsey Road. South Middleton 7 -Beginning at the intersection of Forge Road and Lindsey Road; then easterly along Lindsey Road to its intersection with South Ridge Road; then northerly along South Ridge Road to its intersection with York Road (State Route 74, SR 0074); then southerly along York Road (State Route 74) to the Monroe Township municipal boundary; then southerly along the Monroe Township municipal boundary to Boiling Springs Road (State Route 174); then westerly along Boiling Springs Road (State Route 174) to its intersection with Forge Road; then northerly along Forge Road to its intersection with Lindsey Road. South Middleton 8 -Beginning on Petersburg Road at Interstate 81; then northerly along Interstate 81 to York Road (State Route 74, SR 0074); then southerly along York Road (State Route 74) to its intersection with Westminster Drive; then westerly along Westminster Drive to its intersection with Forge Road; then southerly along Forge Road to its intersection with Lindsey Road; then westerly, southerly and westerly along Lindsey Road to its intersection with Petersburg Road; then northerly along Petersburg Road to Interstate 81. South Middleton 9 -Beginning on West Trindle Road (State Route 641, SR 0641} at Interstate 81; then easterly along West Trindle Road (State Route 641) to its intersection with the Monroe Township municipal boundary; then southerly along the Monroe Township municipal boundary to York Road (State Route 74, SR 0074); then northerly along York Road (State Route 74} to its intersection with South Ridge Road; then southerly along South Ridge Road to its intersection with Lindsey Road; then westerly along Lindsey Road to its intersection with Forge Road; then northerly along Forge Road to its intersection with Westminster Drive; then easterly along Westminster Drive to its intersection with York Road; then northerly along York Road to Interstate 81; then northerly along Interstate 81 to West Trindle Road (State Route 641). IN RE: PETITION FOR NEW : IN THE COURT OF COMMON PLEAS OF VOTING DISTRICTS IN :CUMBERLAND COUNTY, PENNSYLVANIA SOUTH MIDDLETON TOWNSHIP CIVIL DIVISION NO.2010-4220 CIVIL REPORT OF THE CUMBERLAND COUNTY BOARD OF ELECTIONS The Report of the Cumberland County Boazd of Elections is attached hereto and submitted to the Court pursuant to the Order of Court of June 28~', 2010, and as required under section 2703 of the Pennsylvania Election Code, 25 P.S. § 2703. dwazd L. S ho p, Esq e Solicitor, Cumberland County Board of Elections Date• ~T ~ o~/a ~ ~__. ~ ; -'~ ~ ~~, !~ ~rx ~r ~. ~'-? ~~t __ ~~ IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR NEW VOTING : DISTRICTS IN SOUTH CIVIL ACTION - LAW MIDDLETON TOWNSHIP : NO. 10-4220 CIVIL IN RE: PETITION FOR ESTABLISHMENT OF NEW VOTING DISTRICTS IN SOUTH MIDDLETON TOWNSHIP ORDER AND NOW, this /'I* day of September, 2010, it appearing that a report of the Cumberland County Board of Elections has been filed, hearing on the entry of a final order is herewith set for Thursday, October 14, 2010, at 9:15 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. No order will be entered in this case unless ten (10) days have elapsed from the time of the posting of notice in South Middleton Township as required in 25 P.S. 2704. BY THE COURT, -x2 'q Kevin A/ Hess, P. J. ? Richard P. Mislitsky, Esquire For the Township -,,' Edward L. Schorpp, Esquire For the Cumberland County Board of Elections :rlm nqoil 4112/10 ?i? rr; cra ?.'?t r° Z: _.a o 6-6 =o yc ru mac) °M -t C) v ? w ~~ IN RE: PETITION FOR NEW VOTING DISTRICTS IN SOUTH MIDDLETON TOWNSHIP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION i1O.2010-4220 CIVIL ORDER OF COURT AND NOW, this tY ~ day of October, 2010, upon consideration of the within Petition and the Report filed by the Cumberland County Board of Elections, it appearing that all procedural and substantive requirements imposed by law have been met and that the public interest will be promoted, the election district realignment set forth in the Report of the Cumberland County Board of Elections is accepted by the Court. It is ordered and decreed that effective January 1, 2011, the election districts of South Middleton Township shall be known as follows: South Middleton 1 South Middleton 2 ~ r., ~ South Middleton 3 ,~`nw~ _ ° ~ ~ Q rn~ ~a South Middleton 4 c ~ , ~ ~ ~ ~ South Middleton 5 ~ ~ ~-~ South Middleton 6 -`"-+ rv ~ ~ -.~ ...b; South Middleton 7 South Middleton 8 South Middleton 9 The Cumberland County Board of Elections is directed to provide notice of such realignment to the registered electors of South Middleton Township as required by law. Further, the Board is directed to recommend electors for appointment to the district election boards to the _~ Court for its consideration in sufficient time for service during the 2011 Primary Election and thereafter until elected according to law. By the Court, . ~. ,~. Kevin A ess, P.J. ~/Richazd P. Mislitsky, Esquire, for Petitioners - ~j~,~~s ~~~~„ /~~y/~o Edward L. Schorpp, Esquire, for Boazd of Elections Cumberland County Board of Elections Janet Walter, County Paralegal IN RE: PETITION FOR NEW IN THE COURT OF COMMON PLEAS OF VOTING DISTRICTS IN :CUMBERLAND COUNTY, PENNSYLVANIA SOUTH MIDDLETON TOWNSHIP CIVIL DIVISION ~ ...~ ~ ~ ~ -~' -i N0.2010-4220 CIVIL ~~ ~ `~`' ~ t-- .~ --~d C1 CERTIFICATE OF SERVICE =~=~=~ ~ =~=' ~',~' .. ~~i ~.F '' W ~ yy ~'A AND NOW, this Z1 st day of October 2010, I, Kate Ingle, hereby certify that I served a copy of the foregoing Order of Court in the above-captioned matter upon all parties of record by depositing the same in the United States Mail, postage prepaid, addressed as follows: Edward L. Schorpp Solicitor Cumberland County Office of the Solicitor 1 Courthouse Square Carlisle PA 17013 Janet A. Walter Paralegal Cumberland County Office of the Solicitor 1 Courthouse Square Carlisle PA 17013 Penny Brown Director Cumberland County Bureau of Elections 310 Allen Road, Suite 101 Carlisle, PA 17013 Date: Z 1 oLT ~~ Kate Ingle IN RE: PETITION FOR NEW : IN THE COURT OF COMMON PLEAS OF VOTING DISTRICTS IN :CUMBERLAND COUNTY, PENNSYLVANIA SOUTH MIDDLETON TOWNSHIP CIVIL DIVISION i1O. 2010-4220 CIVIL ORDER OF COURT AND NOW, this ty ~ day of October, 2010, upon consideration of the within Petition and the Report filed by the Cumberland County Board of Elections, it appearing that all procedural and substantive requirements imposed by law have been met and that the public interest will be promoted, the election district realignment set forth in the Report of the Cumberland County Board of Elections is accepted by the Court. It is ordered and decreed that effective January 1, 2011, the election districts of South Middleton Township shall be known as follows: South Middleton 1 South Middleton 2 South Middleton 3 South Middleton 4 South Middleton 5 South Middleton 6 South Middleton 7 South Middleton 8 South Middleton 9 The Cumberland County Board of Elections is directed to provide notice of such realignment to the registered electors of South Middleton Township as required by law. Further, the Board is directed to recommend electors for appointment to the district election boards to the Court for its consideration in sufficient time for service during the 2011 Primary Election and thereafter until elected according to law. By the Court, . ~. ,6,~. Kevin A ess, P.J. TRUL COPY FROM RECORD r„~.1 twr. ur-~ sd my hw-d ~'~c~..a o~~,i ca~wa GU~ '1~L..L~...d~-°t PMOlla~w~- Richard P. Mislitsky, Esquire, for Petitioners Edward L. Schorpp, Esquire, for Board of Elections Cumberland County Board of Elections Janet Walter, County Paralegal