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NOMINATION CERTIFICATE LUZERNE COUNTY REPUBLICAN EXECUTIVE COMMITTEE FILED AUGUST 18 (10/29/81)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: October 29, 1981.

IN RE: NOMINATION CERTIFICATE OF THE LUZERNE COUNTY REPUBLICAN EXECUTIVE COMMITTEE FILED AUGUST 18, 1981, NOMINATING JOHN SHINAL AS WYOMING AREA SCHOOL DIRECTOR CANDIDATE. WALTER PLACEK, APPELLANT

Appeal from the Order of the Court of Common Pleas of Luzerne County in the case of In Re: Nomination certificate of the Luzerne County Republican Executive Committee filed August 18, 1981, nominating John Shinal as Wyoming Area School Director Candidate, No. 3486-C of 1981.

COUNSEL

James F. Geddes, Jr., Silverblatt & Townend, for appellant.

Ronald D. Oley, for appellee.

President Judge Crumlish and Judges Williams, Jr. and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish.

Author: Crumlish

[ 62 Pa. Commw. Page 285]

Walter Placek appeals a Luzerne County Common Pleas Court order denying objections to a Nomination Certificate. We affirm.

The Luzerne County Republican Committee nominated John Shinal for a seat on the Wyoming Area School Board left vacant by a member's death. Since it was too late to utilize the primary election process, Shinal was nominated in accordance with Section 993 of the Pennsylvania Election Code,*fn1 which provides that a political party can nominate a candidate to fill a vacancy by filing a nomination certificate with the County Election Bureau. Placek argues that the certificate did not contain the required information and that the Party Rules did not provide for the implementation of this nominating procedure.

Based on the record, we find that the certificate contains the information required by Section 994 of the Election Code.*fn2 We also conclude that the Committee acted within the authority granted by Article VI, Paragraph 2, of the "Rules of the Republican Party of Luzerne County."

Affirmed.

Order

The Luzerne County Common Pleas Court order, dated September 24, 1981, No. 3486-C of 1981, is affirmed.

Disposition

Affirmed.


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