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NOMINATION PETITION EVA S. LEFKOWITZ (03/30/82)

decided: March 30, 1982.

IN RE: NOMINATION PETITION OF EVA S. LEFKOWITZ, AS CANDIDATE FOR THE DEMOCRATIC NOMINATION FOR REPRESENTATIVE IN THE GENERAL ASSEMBLY FROM THE 182ND REPRESENTATIVE DISTRICT. OBJECTION OF BABETTE JOSEPHS


Original Jurisdiction in the case of In Re: Nomination Petition of Eva S. Lefkowitz as candidate for the Democratic Nomination for Representative in the General Assembly from the 182nd Representative District -- Objection of Babette Josephs.

COUNSEL

Norman S. Berson, Berson, Fineman & Bernstein, for petitioner.

Eileen P. Epley, for respondent.

Judge Rogers. Opinion by Judge Rogers.

Author: Rogers

[ 102 Pa. Commw. Page 93]

Babette Josephs, a candidate for the nomination at the May, 1982 primary of the Democratic Party for the House of Representatives in the General Assembly from the 182nd Legislative District has filed objections

[ 102 Pa. Commw. Page 94]

    to the nomination petitions of Eva S. Lefkowitz as a candidate for the same office.

Ms. Lefkowitz's petitions contained 288 signatures, 100 valid signatures being required for a qualifying petition.

We conducted hearings on Monday, March 22, 1982 and on Friday, March 26, 1982, commencing at 9:30 o'clock a.m.

Two of Ms. Lefkowitz's petitions were circulated by one Francis X. McCool who on the circulator's affidavit gave his address as 225 South 18th Street, Philadelphia, Pennsylvania. His affidavit declared that he was a qualified elector, duly registered and enrolled as a member of the same political party and of the same political district as Babette Josephs. The proofs at our hearing showed however, that Mr. McCool was not a registered elector of the 182nd Legislative District on the date he took the elector's affidavit, March 7, 1982, or when he circulated Ms. Lefkowitz's petition, March 7, 1982. He was not registered in the 182nd Legislative District until March 11, 1982. Incidentally, the date of signing recorded after some of the names on the petitions is recorded as March 8, 1982, the day following the date on the first of his circulator's affidavits. We were impelled to hold that the McCool petitions were circulated by an unqualified person and to reject as invalid the 100 signatures there appearing, leaving a balance of signers on Ms. Lefkowitz's petitions in the number of 188.

We embarked on a hearing concerning the objections to other purported signers of Ms. Lefkowitz's petitions and are satisfied based on the evidence that exactly 88 of the remaining 188 signatures were successfully challenged. These 88 are the names appearing on the following pages and lines of Lefkowitz's petitions:

[ 102 Pa. Commw. Page 95]

(1) Signatures of persons not residing in the 182nd Legislative District, 35, as follows:

[ 102 Pa. Commw. Page ]

Page Line

3 2

3 12

3 14

3 16

4 1

4 2

4 6

4 7

4 8

4 9

4 11

4 17

4 20

4 22

4 23

4 26

4 28

7 3

7 5

7 6

7 7

7 8

7 17

7 18

7 19

7 ...


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