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NOMINATION PAPERS JOHN W. MORRIS. APPEAL RAYMOND F. LEDERER (10/02/80)

decided: October 2, 1980.

IN RE NOMINATION PAPERS OF JOHN W. MORRIS. APPEAL OF RAYMOND F. LEDERER


Appeal No. 80-3-732, from the Order of the Commonwealth Court of Pennsylvania No. 1977 C.D. 1980; David W. Craig, Judge.

COUNSEL

Richard A. Gahr, for appellant.

Gregory M. Harvey, Philadelphia, for appellee.

David F. Phifer, Gen. Counsel, Dept. of State, Harrisburg, for Secretary of Commonwealth.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Nix, J., files a dissenting opinion. Larsen, Justice, dissenting.

[ 491 Pa. Page 285]

ORDER

AND NOW, this 2nd day of October, 1980, the Order of Commonwealth Court is affirmed.

LARSON, Justice, dissenting.

I dissent; I would grant the prayer to set aside the nomination papers of John W. Morris and in support thereof cite Bucks County Democratic Party v. Tracy, 27 Bucks Co.L.Rep. 222 (1975), appeal dismissed per curiam, 464 Pa. 237, 346 A.2d 303 (1975).

NIX, Justice, dissenting.

The majority holds that Salera v. Tucker, 399 F.Supp. 1258 (E.D.Pa.1975), aff'd, 424 U.S. 959, 96 S.Ct. 1451, 47 L.Ed.2d 727 (1976) is controlling in the instant case. However, the majority overlooks a fundamental distinction between the situation in Salera and the case now before us. In Salera, the court based its decision to extend the statutory filing date*fn1 upon the fact that those candidates were independent, and by inference, deemed to be bona fide.*fn2 The permanent injunction in Salera only covers those types of independent

[ 491 Pa. Page 286]

    candidate similarly situated. Appellee herein is not that type of person whose rights are unnecessarily infringed by the provisions which ...


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