Summary
holding that a candidate for judicial office by nomination paper who did not make and file an affidavit in conformity with the requirements of the Election Code was not permitted to be added to the general election ballot
Summary of this case from In re ScrogginOpinion
June 27, 1957.
June 28, 1957.
Elections — Candidate nominated by political body — Nomination papers — Affidavit — Applicability to judicial candidate — Pennsylvania Election Code.
The requirement of § 951 (e) (5) of the Pennsylvania Election Code of 1937, P.L. 1333, as amended, that a candidate nominated by a political body must append to his nomination papers an affidavit stating "that his name has not been presented as a candidate by nomination petitions for any public office to be voted for at the ensuing primary election" applies to a candidate for judge of a court of record.
Mr. Justice MUSMANNO dissented.
Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.
Appeals, Nos. 5, 6, and 7, May T., 1958, from judgment of Court of Common Pleas of Dauphin County, No. 140 Commonwealth Docket, 1957, in case of James Lenahan Brown, Joseph Kasper, and Robert J. Gillespie v. James A. Finnegan, Secretary of the Commonwealth of Pennsylvania. Judgment affirmed.
Same case in court below: 8 Pa. D. C.2d 780.
Mandamus.
Plaintiffs' motions for judgment on the pleadings overruled, and judgment on the pleadings entered for the defendant, opinion by SOHN, J. Plaintiffs appealed.
James Lenahan Brown, with him Joseph L. O'Donnell, for appellants.
Harry J. Rubin, Deputy Attorney General, with him Joseph L. Donnelly, Deputy Attorney General, and Thomas D. McBride, Attorney General, for appellee.
The judgment for the defendant on the pleadings is affirmed on the opinion of Judge WALTER R. SOHN, reported in 8 Pa. D. C.2d 780.
Mr. Justice MUSMANNO dissents.