Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

NOMINATION PETITION REGINALD B. SNYDER (03/27/86)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: March 27, 1986.

IN RE: NOMINATION PETITION OF REGINALD B. SNYDER

Original Jurisdiction in the case of In Re: Nomination Petition of Reginald B. Snyder.

COUNSEL

John D. Killian, Killian & Gephart, for petitioner.

Reginald B. Snyder, for himself, respondent.

Judge Craig. Opinion by Judge Craig.

Author: Craig

[ 102 Pa. Commw. Page 165]

The objections of Benjamin H. Wilson to the nomination petition of Reginald B. Snyder, seeking a Republican candidacy for the office of Representative of the General Assembly for the 144th Legislative District, has been considered at an evidentiary hearing.

[ 102 Pa. Commw. Page 166]

With 300 valid signatures being required, examination of the original nomination petition showed a total of 357 purported signers.

The objector directed attention to number of alleged defects, which were considered pursuant to testimony and exhibits. The candidate, who appeared without counsel and represented himself pro se, moved for an opportunity to provide evidence sufficient to support the amendment of those defects which are amendable.

Defects Corrected by Amendment

Pursuant to evidence received, the court authorized amendment of the nomination petition pages to correct the following defects and omissions with respect to entire pages, all of which were apparent on their face:

[ 102 Pa. Commw. Page ]

Pages lacking year of primary (1986) -- 2, 4, 5, 6, 7, 9.

[ 102 Pa. Commw. Page ]

Page lacking occupation of candidate (builder) -- 2.

[ 102 Pa. Commw. Page ]

Pages with circulators' affidavits lacking county name (Bucks County) -- 1, 2, 8.

Another defect on p. 4 was that the designation of legislative district was left blank not having been filled in with "144th", as was done on the other pages to designate the district of the candidacy. That defect will be considered below.

Defective Signatures Not Amended or Unamendable

The evidence showed ten signatures invalidated by unamendable defects. The positions of those 10 signatures, with the first number of each pair indicating the page and the second number indicating the line, are as follows:

Crossed Out :

5-15

[ 102 Pa. Commw. Page 167]

    constitutes a square holding that a nomination petition page may be treated as amended for the district intended, if otherwise in order with respect to the designation of the office and residence of the candidate and of the signers, and if the signers have not been misinformed or misled.

Here the candidate, as the circulator of the page in question, testified that he personally had informed every signer with whom he spoke directly, that he was a candidate for representative in the General Assembly for the 144th legislative district. He forthrightly acknowledged that he may not have spoken directly to the individual signer in a few instances where he talked to one signer at the door of a residence and that signer also obtained another signature from some person in the househould with whom the candidate did not speak directly. The candidate's testimony was credible. Because the petition page contains no misinformation as to the district of candidacy, no signer was affirmatively misled. Accordingly, in accordance with Jackson, the missing district designation on page 4 was not a material error, and amendment to include the proper number is allowed.

Accordingly, the number of valid signatures remains at 332, and the nomination petition is valid.

Order

Now, March 27, 1986, the nomination petition of Reginald B. Snyder for a Republican candidacy for Representative in the General Assembly for the 144th District is deemed to contain a sufficient number of valid signatures, the objecting petition is dismissed, and the Secretary of the Commonwealth is directed to certify the candidacy of said candidate accordingly. The Chief Clerk shall notify forthwith the parties or their counsel of this order, and shall also certify a copy of this decision to the Secretary of the Commonwealth of Pennsylvania.

Disposition

Petition to set aside dismissed.

19860327

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.