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FRANK. APPEAL SCHWAB. (FRANK PETITION.) (04/15/53)

April 15, 1953

IN RE FRANK. APPEAL OF SCHWAB. (FRANK PETITION.)


COUNSEL

Allen H. Krause, Lebanon, for appellant.

William H. Egli and G. Thomas Gates, Lebanon, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Gunther and Wright, JJ.

Author: Reno

[ 173 Pa. Super. Page 401]

PER CURIAM.

The Order of the Court below is affirmed at appellant's costs. The opinion of this Court will be filed at a subsequent date.

RENO, Judge.

Pursuant to the Pennsylvania Election Code of June 3, 1937, P.L.1333, § 977, as amended, 25 P.S. § 2937, Charles F. Schwab, a candidate for the Republican nomination for Coroner of Lebanon County, filed objections to the nomination petition of his opponent, Dr. Patrick J. Frank.*fn1 The objections were dismissed and Schwab appealed.

[ 173 Pa. Super. Page 402]

Frank's petition consisted of 2 sheets; one contained 92 signatures; and the other 46 signatures; a total of 138, more than the number required to qualify him as a candidate for a county office. Election Code, supra, § 912, as amended, 25 P.S. § 2872. There is no dispute as to the genuineness of the signatures nor as to their qualifications of the signers as members of the Republican Party. The controversy relates solely to the verification of the petitions.

Each of the two sheets was verified by Frank's oath in accordance with the Code, supra, § 909, 25 P.S. § 2869: '* * * Each sheet shall have appended thereto the affidavit of some person, not necessarily a signer, and not necessarily the same person on each sheet, setting forth -- (a) that the affiant is a qualified elector of the State, or of the political district, as the case may be, referred to in said petition; (b) his residence, giving city, borough or township, with street and number, if any; (c) that the signers thereto signed with full knowledge of the contents of the petition; (d) that their respective residences are correctly stated therein; (e) that they all reside in the county named in the affidavits; (f) that each signed on the date set opposite his name; and (g) that, to the best of affiant's knowledge and belief, the signers are [all] qualified electors and duly registered and enrolled members of the designated party of the State, or of the political district, as the case may be.'

Frank did not secure all the signatures; some were secured by his fifteen year old son, who acted as his father's messenger in securing the signatures of certain electors designated by the father; and others by his friends. Under cross-examination, he estimated that he had personally secured 110 signatures but on direct examination he ...


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