Original jurisdiction in case of John B. Anderson, Patrick J. Lucey and Anderson Coalition Body, Vacancy Committee by Alan E. Casnoff, a member v. William R. Davis, Secretary of the Commonwealth.
Stewart Dalzell, with him Raymond K. Denworth, Jr., and Alfred W. Putnam, Jr., Drinker, Biddle & Reath, for petitioners.
David F. Phifer, General Counsel, with him Harvey Bartle, III, Acting Attorney General, for respondent.
President Judge Crumlish. Opinion by President Judge Crumlish.
John B. Anderson, Independent United States Presidential Candidate, Patrick J. Lucey, and the Pennsylvania Anderson Coalition Body*fn1 bring this
action in mandamus*fn2 to compel the Secretary of the Commonwealth to accept Lucey's substitute nomination certificate and properly designate him as the Independent Vice-Presidential candidate on the November 4, 1980 General Election ballot. We grant petitioners relief and direct the Secretary of the Commonwealth to position the candidacy of Patrick J. Lucey, Vice-Presidential nominee with John B. Anderson on the 1980 General Election ballot.
On August 12, 1980, a Nomination Paper was filed with the Secretary listing the slate of electors committed to John B. Anderson for President and James Ames Ballard for Vice-President. On August 20, 1980, however, Ballard withdrew his name from candidacy. Following the August 25th selection of Lucey as his Vice-Presidential running mate, the appointed Vacancy Committee of the Anderson Coalition Body filed a substitute nomination certificate on August 27, 1980 naming Lucey as its Vice-Presidential candidate. Although Anderson's August 12th filing and Ballard's August 20th withdrawal was accepted by the Secretary, the August 27th substitution request was rejected because it was filed after August 21, 1980, the deadline set by Section 981(a) of the Pennsylvania Election Code.*fn3
In judging the validity of election procedures as they control the withdrawal and substitution of independent
candidates, we must look to the unique methodology of Pennsylvania. In the case of Salera v. Tucker, 399 F. Supp. 1258 (E.D. Pa. 1975), aff'd, 424 U.S. 959 (1976), the pre-primary signature and filing dates mandated by Section 953, 25 P.S. § 2913, were held unconstitutional as applied to political bodies like Anderson's Pennsylvania organization.*fn4 Consequently, the court there ordered the Secretary to adopt August 21st as the deadline for independent candidate participation, until the legislature prescribes a new date for the filing of nomination papers. Thereafter, on July 11, 1980, the Pennsylvania Legislature amended (Act No. 1980-127) Section 978 of the Code, 25 P.S. § 978, to provide that persons nominated by any "political body" as candidates for the office of presidential elector may withdraw in writing no later than "the seventh day next succeeding the last day for filing nomination papers for said office." 25 P.S. § 978(b). Because August 21st is the judicially annointed filing date, August 28th is the designated deadline for withdrawal of a political body's candidate.
However, Section 981(a), 25 P.S. § 2941(a), which directs the candidate substitution deadline to be 75 days prior to the general election, secures August 21st as the last filing date. Ballard's August 20th Vice-Presidential withdrawal was timely filed prior to the August 28th deadline, but ...