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NOMINATION PETITION PETE WAGNER FOR OFFICE REPRESENTATIVE GENERAL ASSEMBLY (04/02/86)

decided: April 2, 1986.

IN RE: THE NOMINATION PETITION OF PETE WAGNER FOR THE OFFICE OF REPRESENTATIVE IN THE GENERAL ASSEMBLY, PENNSYLVANIA DISTRICT 22


Original Jurisdiction in the case of In Re: The Nomination Petition of Pete Wagner for the Office of Representative in the General Assembly, Pennsylvania District 22.

COUNSEL

William Martin Sloane, for petitioner.

Jeannine Turgeon, with her, Michael Q. Davis, Campbell, Spitzer, Davis & Turgeon, for respondent.

Judge Palladino. Opinion by Judge Palladino.

Author: Palladino

[ 102 Pa. Commw. Page 174]

Before us is the petition of Steve Seventy (Petitioner) to set aside the nomination papers of Pete Wagner (Candidate), candidate for the office of Representative to the General Assembly from the 22nd Legislative District.

The total number of signatures on the nomination papers is 352. To be valid, the nominating papers must contain 300 valid signatures of registered and enrolled members of the proper party. Section 912.1(14) of the Election Code.*fn1 In this case the proper party is Democratic.

[ 102 Pa. Commw. Page 175]

In order to set aside the nomination papers, Petitioner has the burden of proving that 53 of the signatures are invalid. Petitioner, in his original petition to set aside, challenged a total of 81 signatures.*fn2 The table which follows shows the categories of the challenges and the number of signatures challenged in each category.

Category # of Signatures

Signers Not Registered 70

Ditto Marks 4

No Date ...


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