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ALTOONA MAYOR SUBSTITUTE NOMINATION CASE. (10/11/63)

October 11, 1963

ALTOONA MAYOR SUBSTITUTE NOMINATION CASE.


Appeal, No. 101, Jan. T., 1964, from order of Court of Common Pleas of Blair County, June T., 1963, No. 250, in re substitute nomination certificate for nomination of Republican party for office of mayor of Altoona. Order affirmed.

COUNSEL

John R. Strawmire, for appellant.

Robert C. Haberstroh, for Board of Elections of Blair County, appellee.

Samuel H. Jubelirer, with him Jubelirer & Carothers, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Roberts

[ 413 Pa. Page 306]

ORDER PER CURIAM, October 11, 1963:

The order of the court below is affirmed. Opinion to be filed later.

Mr. Justice COHEN dissents.

Opinion BY MR. JUSTICE ROBERTS, January 7, 1964:

At the primary election on May 21, 1963, Roy F. Thompson was nominated as the Republican candidate for mayor of the City of Altoona in the election to be held November 5, 1963. On September 3, 1963, he

[ 413 Pa. Page 307]

    formally withdrew as a candidate. By appropriate action (on September 9), the Republican City Committee, in accordance with party rules, selected Robert Smay as the substituted nominee for mayor. On the following day, a substituted nomination certificate, naming Smay to fill the party vacancy, was filed with the County Board of Elections. Thereafter, on September 13, Mr. Smay withdrew as the Republican nominee and filed his written withdrawal with the County Board of Elections.

The Republican Committee, on September 17, 1963, pursuant to its party rules, designated William H. Prosser the substituted nominee for mayor and, the next day, forty-eight days prior to the election, filed with the county board its substituted nomination certificate, which the board accepted.*fn1 At that time, as well as at the time of oral argument before this Court, printing of the ballots had not yet begun. Thereafter, the Democratic County Committee filed its objection to the certificate on the ground that it was not filed within the time prescribed by the Election Code. To these objections, the county board filed a demurrer. The court below sustained the action of the board of elections, and this appeal followed. We affirmed the order of the court below and noted that an opinion would be filed later.

The single question presented on this appeal is whether the Election Code permits substitution of a nominee for a withdrawn candidate only if that vacancy is filled "at least fifty-five (55) days before" the November election, as appellant contends, or whether the recited period of time is ...


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