No. 88 W.D. Appeal Docket 1983, Appeal from Opinion and Order dated December 9, 1983 in the Court of Common Pleas of Westmoreland County, Civil Division, at No. 8568 of 1983
Gary F. Selway, Greensburg, for appellant.
Edgar T. Hammer, Jr., Greensburg, for Commissioner Robert H. Miller.
Irving L. Bloom, County Sol., Greensburg, for Westmoreland County Bd. of Elections.
Papadakos, Justice. Nix, C.j., and Zappala, J., concur in the result.
This is an appeal of a Westmoreland County Common Pleas Court Order dismissing in part a petition to recanvass the votes in seventeen election districts. The Court permitted recanvassing in three of the districts but denied the petition with respect to the remaining fourteen districts. By order dated March 7, 1984, we directed that a recanvass be made in ten of the remaining fourteen districts.*fn1 This opinion is in support of that order.
In the General Election of November 8, 1983, Robert H. Miller and Lowman S. Henry were the Republican candidates for County Commissioner of Westmoreland County. On November 28, 1983, the Westmoreland County Board of Elections certified that Miller had defeated Henry by three (3) votes. On December 2, 1983, Henry and sixty-four other
registered electors filed a petition*fn2 to recanvass the voting machines in seventeen (17) districts. Miller filed a petition to dismiss the recanvassing petitions, alleging that they had not been timely filed, and that they did not comply with the provisions of Section 1702 of the Election Code*fn3 requiring that such petitions be verified by three qualified electors of each district.*fn4
A hearing was held before the Honorable Richard E. McCormick on December 8, 1983. No challenging testimony was offered with regard to the petitions for three of the districts and a recanvass was ordered in those three districts. With respect to the fourteen remaining districts, testimony revealed that in four ...