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GLENN R. MOYER v. WILLIAM R. DAVIS (06/29/82)

decided: June 29, 1982.

GLENN R. MOYER, PETITIONER
v.
WILLIAM R. DAVIS, SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA, AND COMMITTEE TO ELECT BOB CASEY STATE TREASURER, RESPONDENTS



Original jurisdiction in the case of Glenn R. Moyer v. William R. Davis, Secretary of the Commonwealth of Pennsylvania and Committee to Elect Bob Casey State Treasurer.

COUNSEL

Richard J. Orloski, Calnan & Orloski, P.C., for petitioner.

Elisabeth S. Shuster, Deputy Attorney General, with her Allen C. Warshaw, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondent, William R. Davis, Secretary of the Commonwealth of Pennsylvania.

Thomas D. Caldwell, Jr., Caldwell, Clouser & Kearns, for respondent, Committee to Elect Bob Casey State Treasurer.

President Judge Crumlish and Judges Blatt, Williams, Jr., Craig and MacPhail. Opinion by Judge Williams, Jr. Judges Mencer and Palladino did not participate in the decision in this case.

Author: Williams

[ 67 Pa. Commw. Page 252]

This case comes before the Court on a petition, to our original jurisdiction, in the nature of a complaint in equity filed by a self-described registered voter who is chairman of a county Democratic committee and a member of the Democratic State Committee.*fn1

[ 67 Pa. Commw. Page 253]

His complaint alleges that both the Committee to Elect Bob Casey State Treasurer (Committee) and William Davis, the Secretary of the Commonwealth (Secretary), have violated certain provisions of the Pennsylvania Election Code (Code)*fn2 dealing with Primary and Election Expenses.*fn3

According to the allegations of the Petition for Review, the Committee was organized to coordinate Bob Casey's re-election campaign, and, to that end, it solicited campaign contributions. By January 15, 1981, the Committee had paid all campaign expenses of the defeated candidate, and allegedly knew, or should have known, that the culmination of its financial activity was imminent. At that time it possessed over One Hundred Thousand ($100,000.00) Dollars of residual campaign funds.

In Count I, petitioner asserts that the Secretary violated the Code by two omissions. First, the Secretary failed to report to law enforcement officials the alleged improper retention by the Committee of the residual moneys, in violation of 25 P.S. § 3259.*fn4 Secondly, he failed to enact suitable regulations under the Code for the protection of political contributors, in specific violation of 25 P.S. § 3260.*fn5 In Count II, petitioner alleges that the failure of the Committee to either transfer its funds to another political committee

[ 67 Pa. Commw. Page 254]

    by January 31, 1981,*fn6 or return the money to the contributors on a pro rata basis by that ...


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