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JOSEPH S. GIACOBELLO AND GERALD M. ALESI v. BOARD ELECTIONS BOROUGH MOUNT UNION (07/25/74)

decided: July 25, 1974.

JOSEPH S. GIACOBELLO AND GERALD M. ALESI, APPELLANTS,
v.
BOARD OF ELECTIONS OF THE BOROUGH OF MOUNT UNION, COUNTY OF HUNTINGDON, APPELLEE



Appeal from the Order of the Court of Common Pleas of Huntingdon County in case of Joseph S. Giacobello and Gerald M. Alesi v. Board of Elections of the Borough of Mount Union, County of Huntingdon, No. 65 November Term, 1973.

COUNSEL

R. Merle Heffner, for appellants.

Newton C. Taylor, with him Taylor & Taylor, for appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three.

Author: Per Curiam

[ 14 Pa. Commw. Page 377]

This is an appeal by Joseph S. Giacobello and Gerald M. Alesi (Appellants) from an order of the Court of Common Pleas of Huntingdon County dismissing Appellants' petition for a re-count of the ballots cast in the Second Ward of the Borough of Mount Union at a general election held November 6, 1973.

After a careful consideration of the Appellants' contentions we conclude that the decision of the court below is correct. We, therefore, affirm the opinion of President Judge Terrizzi and, because it has not been reported previously, we reprint it in its entirety.

Order affirmed.

[ 14 Pa. Commw. Page 378]

"On November 16, 1973, the Court entered an Order directing that the ballot box of the Second Ward of the Borough of Mount Union be opened for the purpose of correctly counting the vote contained therein with respect to the election of Borough Councilmen. The order named the persons by whom the re-count was to be made and fixed the time and place for the opening of the box.

"Prior to the date fixed for the opening of the ballot box, a Petition was presented by one of the candidates for the office of Borough Councilman for a Rule to show cause why the Petition for re-count should not be quashed, alleging, inter alia, that it had not been 'duly verified by three qualified electors of the election district as required by the said Statute.'

"On November 30, 1973, a Rule was granted, returnable December 3, 1973, at one p.m., and fixing that time for a hearing on the Petition. Notice was given to all parties in interest in accordance with the Order.

"On December 3, 1973, testimony was taken before the Court, the testimony indicating that the only person who verified the contents of the Petition was Joseph S. Giacobello, one of the Petitioners. No ...


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