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06/17/97 NOMINATION PETITION MARGARET M. STUSKI v.

June 17, 1997

IN RE NOMINATION PETITION OF MARGARET M. STUSKI,
v.
PAULINE LAUER; APPEAL OF: MARGARET M. STUSKI.



Direct appeal from the Order of the Commonwealth Court Entered April 4, 1997 at No. 0268 M.D. 1997. JUDGE(S) BELOW: - / Commonwealth - Hon. Joseph T. Doyle.

Before: Flaherty, C.j., Zappala, Cappy, Castille, Nigro And Newman, JJ. Mr. Justice Nigro concurs in the result.

The opinion of the court was delivered by: Castille

OPINION OF THE COURT

JUSTICE CASTILLE

FILED: JUNE 17, 1997

On April 22, 1997, this Court issued a per curiam order denying appellant's pro se direct appeal and affirming the order of the Commonwealth Court setting aside appellant's nomination petition to appear on the May 20, 1997, primary ballot as a Democratic candidate for Justice of the Supreme Court of Pennsylvania. The order also indicated that a written opinion would follow. In accordance with that order, the reasoning for denying appellant's direct appeal is contained herein.

BACKGROUND

1. Relevant Statutes :

Section 912.1 of the Pennsylvania Election Code provides, in pertinent part, as follows:

Candidates for nomination of offices listed below shall present a nominating petition containing at least as many valid signatures of registered and enrolled members of the proper party as listed below:

(8) Justice of the Supreme Court: One thousand including at least one hundred from each of at least five counties.

25 P.S. § 2872.1(8). Section 908 of the Election Code requires, in pertinent part, that:

Each signer of a nomination petition shall sign but one such petition for each office to be filled, and shall declare therein that he is a registered and enrolled member of the party designated in such petition. . . . He shall also declare therein that he is a qualified elector of the county therein named . . . . He shall add his occupation and residence, giving city, borough or township with ...


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