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NOMINATION PETITIONS JAY KIELSTOCK (03/23/84)

decided: March 23, 1984.

IN RE: NOMINATION PETITIONS OF JAY KIELSTOCK, JEROME GREEN, LAWRENCE CHOSED AND MYLES GORDON FOR DEMOCRATIC WARD EXECUTIVE COMMITTEE IN THE 63RD WARD FOR THE 26TH, 20TH, 19TH AND 15TH DIVISIONS. JAY KIELSTOCK, JEROME GREEN, LAWRENCE CHOSED AND MYLES GORDON, NOMINEES, APPELLANTS


Appeal from the Orders of the Court of Common Pleas of Philadelphia County, in case of In Re: Nomination petitions of Jay Kielstock, Jerome Green, Lawrence Chosed, and Myles Gordon for Democratic Ward Executive Committee in the 63rd Ward for the 26th, 20th, 19th and 15th Divisions, Nos. 395, 397, 398 and 400, February term, 1984.

COUNSEL

Steven H. Kitty, with him, Raymond Kitty, for appellants.

Alan L. Butkovitz, for appellees.

Judges MacPhail and Doyle, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 97 Pa. Commw. Page 154]

This is an appeal by Jay Kielstock, Jerome Green, Lawrence Chosed, and Myles Gordon (Appellants) from orders of the Court of Common Pleas of Philadelphia County which struck their names from the primary election ballot for the office of Democratic Ward Executive

[ 97 Pa. Commw. Page 155]

Committee of the Sixty-Third (63rd) Ward.*fn1 We affirm.

Appellants filed nomination petitions for the office of Democratic Committeeperson in the 63rd Ward in the City of Philadelphia. There is no dispute that the petitions were timely filed, properly executed, and contained sufficient valid signatures. Appellees, Marie Levy, Herman J. Kusselson, George Galyo and Randi Fox filed petitions in the Court of Common Pleas of Philadelphia County to set aside Appellants' nomination of petitions.*fn2

Following a hearing on February 14, 1984 before the Honorable Thomas A. White, the court of common pleas, on February 15, 1984, entered orders directing the Appellants' names be removed from the primary ballot, holding that they were ineligible, under Rule 1, Article 3 of the Rules of the Democratic Party of the City of Philadelphia, for the office sought.

Rule 1, Article 3 of the Rules of the Democratic Party of Philadelphia County provides, in pertinent part:

No person shall be qualified for membership in any organization or ...


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