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NOMINATION PETITIONS MARY A. MCANDREW (04/28/87)

decided: April 28, 1987.

IN RE: NOMINATION PETITIONS OF MARY A. MCANDREW, 201 CANAAN STREET, CARBONDALE, PENNSYLVANIA. FOR THE REPUBLICAN AND DEMOCRATIC NOMINATIONS FOR DISTRICT JUSTICE OF DISTRICT 45-3-03, LACKAWANNA COUNTY, PENNSYLVANIA. ROBERT E. SNYDER, APPELLANT


Appeal from the Order of the Court of Common Pleas of Lackawanna County, in case of In Re: Nomination Petitions of Mary A. McAndrew, 201 Canaan Street, Carbondale, Pa., for the Republican and Democratic Nominations for District Justice of District 45-3-03, Lackawanna County, Pennsylvania, No. 87 Civil No. 1284.

COUNSEL

John A. Bednarz, Jr., for appellant.

James J. Powell, III, with him, Patrick M. Connolly, Powell, Powell & Powell, for appellee.

Judges Craig and Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 105 Pa. Commw. Page 504]

In this election case, Robert Snyder, as an objector to a nominating petition, has appealed from an order of the Court of Common Pleas of Lackawanna County, acting as a board of elections, which authorized Mary McAndrew, a candidate for the office of district justice, to amend the candidate's affidavits and loyalty oaths on each of the four sheets of her nominating petition by

[ 105 Pa. Commw. Page 505]

    adding her signatures, which she had failed to subscribe on all four forms.

The record developed at an evidentiary hearing in the trial court established, apparently to the satisfaction of that court, that an incumbent district justice had duly administered the respective oaths to the candidate and had properly executed the jurat appended to each form, confirming that the candidate had sworn to each of them.

As the objector points out, section 976 of the Election Code, Act of June 3, 1937, P.L. 1333, as amended, 25 P.S. § 2936, requires that affidavits must accompany a nomination petition if it is to be acceptable for filing. That section in part states:

No nomination petition . . . shall be permitted to be filed if (a) it contains material errors or defects apparent on the face thereof, or on the face of the appended or accompanying affidavits . . . .

Section 977 of the Election Code, 25 P.S. § 2937, relating to nomination petition objections, confirms the essentiality of the affidavits as integral parts of nomination petitions by stating that, for the purposes of that section:

[A] nomination petition or paper shall include all affidavits required to be filed with such nomination ...


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