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COUNTY COMMISSIONER SUBSTITUTE NOMINATION CASE. (12/15/55)

December 15, 1955

COUNTY COMMISSIONER SUBSTITUTE NOMINATION CASE.


Appeal, No. 54, March T., 1956, from order of Court of Common Pleas of Allegheny County, Jan. T., 1956, No. 1062, in re: substitute nomination for the vacancy in the Democratic nomination for the office of County Commissioner of Allegheny County. Order affirmed.

COUNSEL

Charles E. Kenworthey, Walter T. McGough, J. Tomlinson Fort and Reed, Smith, Shaw & McClay, for appellant.

David Olbum and Philip Baskin, for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Musmanno and Arnold, JJ.

Author: Stern

[ 383 Pa. Page 373]

ORDER PER CURIAM, October 31, 1955:

The Court is unanimously of opinion that the order of the Court below should be affirmed.

Order affirmed and supersedeas heretofore granted vacated; opinion to be filed later.

Opinion BY MR. CHIEF JUSTICE HORACE STERN, December 15, 1955:

Harry W. Fowler was nominated on the Democratic ticket for the office of County Commissioner of the

[ 383 Pa. Page 374]

County of Allegheny at the primary election held May 17, 1955. He died on October 24, 1955. On the following day the Executive Committee of the Democratic Party in Allegheny County, in accordance with party rules, designated Howard B. Stewart as a substitute nominee in place of Fowler. The printing of the ballots and voting machine ballot labels for the municipal election on November 8, 1955, had been started on October 5 and completed on October 25, with Fowler's name thereon as one of the Democratic candidates for the office of County Commissioner.

Stewart presented a petition to the Court of Common Pleas of Allegheny County praying that the Allegheny County Board of Elections be directed to accept the substitute nomination certificate of the Democratic Executive Committee of Allegheny County, and to proceed forthwith to make the necessary substitution in the paper ballots and the voting machine ballot labels as well as in the veterans' ballots. Hearing having been had, the Court of Common Pleas entered an order granting the relief requested.*fn* An appeal was forthwith

[ 383 Pa. Page 375]

    taken to this Court. We affirmed the order of the Court below and stated that an ...


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