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ANTONELLI APPEAL. (10/10/61)

October 10, 1961

ANTONELLI APPEAL.


Appeal, No. 11, March T., 1962, from order of Court of Common Pleas of Allegheny County, Oct. T., 1961, No. 228, in re appeal of Nick Antonelli from decision of Board of Elections of Allegheny County. Order affirmed.

COUNSEL

Louis H. Artuso, for appellant.

Maurice Louik, County Solicitor, with him Arthur L. McLaughlin, III, Assistant County Solicitor, for County of Allegheny, appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.

Author: Eagen

[ 405 Pa. Page 180]

OPINION BY MR. JUSTICE EAGEN.

This is an appeal from an order of the Court of Common Pleas of Allegheny County which dismissed an appeal from an order of the county board of elections.

On May 16, 1961, a primary election was held in the Borough of McKees Rocks, Allegheny County, Pennsylvania. Nominees were to be chosen by the various political parties for several elective offices including the office of burgess of the borough. No name appeared on the Republican Party ballot for the office of burgess but several individuals actively sought this nomination through write-in votes. Among the "write-in" candidates were the appellant, Nick Antonelli, and one Steve Muska.

On June 21, 1961, the Allegheny County Board of Elections made a preliminary certification of the results of said primary election for the Republican nomination for burgess, as follows:

Steve Muska 112

Muska 24

Steve Musca 1

Steve-Muska ...


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