Appeal from order of Court of Common Pleas of Cambria County, Sept. T., 1968, No. 136, in case of Herbert Pfuhl et al. v. W. Louis Coppersmith.
Caram J. Abood, for appellant.
W. Louis Coppersmith, with him Margolis & Coppersmith, for appellee.
Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Eagen. Dissenting Opinion by Mr. Justice Roberts. Mr. Chief Justice Bell joins in this dissent.
In the General Election of November 5, 1968, Richard J. Green was the Republican candidate and W. Louis Coppersmith the Democratic candidate for the
Office of Senator in the General Assembly of Pennsylvania from the 35th Senatorial District. This district includes all of the 199 voting election districts in Cambria County and 33 of said districts in neighboring Westmoreland County. The voting throughout the 35th Senatorial District is by paper ballot.
On November 8 and 9, 1968, the Board of Elections of Cambria County, sua sponte, ordered that the ballot boxes in seven voting election districts in Cambria County be reopened and that the ballots cast for the Office of Senator in those districts be recounted.
Subsequently, as a result of petitions timely filed*fn1 in the Courts of Common Pleas of Cambria and Westmoreland Counties, those courts ordered that the ballot boxes be reopened in 64 additional election voting districts of Cambria County and 16 such districts in Westmoreland County, and that the ballots cast in those districts for the Office of Senator be recounted under the supervision of the court.
After the recounts were completed and the total vote cast for the Office of Senator was again computed, the result established that Green had received 45,242 votes and Coppersmith had received 45,296 votes or that Coppersmith had won by a plurality of 54 votes.
On November 25, 1968, a petition signed by 20 qualified electors from the Senatorial District was filed in the Court of Common Pleas of Cambria County contesting the election of Coppersmith.*fn2 As of this ...