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PETITION OBJECTING TO NOMINATIONS AND/OR PAPERS BILL RILEY FOR OFFICE MAYOR CITY CHESTER ETC. BILL RILEY ET AL. (10/12/83)

decided: October 12, 1983.

IN RE: PETITION OBJECTING TO THE NOMINATIONS AND/OR PAPERS OF BILL RILEY FOR THE OFFICE OF MAYOR OF THE CITY OF CHESTER ETC. BILL RILEY ET AL., APPELLANTS


Appeal from the Order of the Court of Common Pleas of Delaware County in case of In Re: Petition Objecting to the Nomination Petitions and/or Papers of Bill Riley for the Office of Mayor of the City of Chester, and of Johnnie Monroe, Charlie L. Warren, II, and Lorraine E. Edwards for the Offices of City Council of the City of Chester, as independent candidates for the Municipal General Election for the year 1983, No. 83-6041, dated July 18, 1983.

COUNSEL

John M. Gallagher, Jr., Richard, DiSanti, Hamilton, Gallagher & Paul, for appellants.

Edward J. Zetusky, Jr., for appellee.

Judges Rogers, MacPhail and Barry, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 77 Pa. Commw. Page 192]

Appellants*fn1 have brought this appeal from an order of the Court of Common Pleas of Delaware County declaring their nomination papers to be invalid. Appellants seek to be nominated as candidates, representing the Chester Independent Party, for the offices of Mayor and City Council in the City of Chester in the upcoming municipal election. This opinion is filed in support of our order, dated September 14, 1983, reversing the order of the court of common pleas and reinstating Appellants' nomination papers.*fn2

[ 77 Pa. Commw. Page 193]

On June 3, 1983, Appellee instituted the instant challenge to Appellants' nomination papers pursuant to Section 977 of the Election Code (Code)*fn3 by filing a petition to set aside the papers with the court of common pleas. The court conducted three hearings on the petition and subsequently determined that although a total of 258 names appear on the papers, they include only 132 valid signatures. It is agreed that a total of 134 valid signatures are necessary for nomination.

Pertinent to the instant appeal are three categories of signatures which the trial court found to be invalid:

1. The signatures of four persons who, in addition to signing their own names, also signed the names of other persons.*fn4

2. Thirty signatures with stated addresses which differ from those listed on the signers' current registration cards.

[ 77 Pa. Commw. Page 1943]

. Six names which are printed on the nomination papers rather than written in the script or cursive style used on the ...


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