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In re General Election 2014 Muriel Kauffman

Commonwealth Court of Pennsylvania

March 11, 2015

In Re: General Election 2014 Muriel Kauffman; Appeal of: Helen Banushi, Philadelphia Registered Elector and Elizabeth Elkin, Philadelphia Registered Elector

Submitted February 9, 2015.

Page 786

Appealed from No. CP-51-CV-141100948-2014. Common Pleas Court of the County of Philadelphia. Cohen, J.

Linda A. Kerns, Philadelphia, for appellants.

Adam C. Bonin, Philadelphia, for appellees.

BEFORE: HONORABLE DAN PELLEGRINI, President Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge. OPINION BY PRESIDENT JUDGE PELLEGRINI.

OPINION

Page 787

DAN PELLEGRINI, President Judge

Helen Banushi and Elizabeth Elkin, Philadelphia Registered Electors (collectively, Objectors) appeal the order of the Philadelphia County Court of Common Pleas (trial court) granting the Emergency Application for Absentee Ballot (Emergency Application) filed by Muriel Kauffman (Kauffman) to vote by absentee ballot for the November 4, 2014 General Election (General Election). We quash the appeal.

On the evening of the General Election, Iaela Grant (Grant), the Director's Assistant Manager at Power Back Rehabilitation Center (Power Back) in Philadelphia, filed the Emergency Application for absentee ballots for Kauffman and four other Power Back patients with the City Commissioner's Office.[1] At a hearing before the trial court, Thomas Boland, a Voter Registration Clerk in the City Commissioner's

Page 788

Office, explained that he informed Grant that the wrong forms had been completed[2] and that she should appear before the trial court for relief because all of the patients involved are registered electors in the City and County of Philadelphia. (N.T. 11/4/14[3] at 4). Boland stated that the correct forms say " Emergency Alternative Ballot Application; " has the voter's signature and address, and can be used up to the election day. ( Id. at 22).

Jonathan Goldstein, Esquire, counsel for the Republican State Committee,[4] questioned ...


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