Opinion
April 20, 1959.
April 24, 1959.
Elections — School directors — Nominating petitions — Duplicate signatures — Timely withdrawal of one petition — Effect on other petition — Election Code.
Where A and B filed petitions as candidates for a party nomination for school director and it appeared that the same 7 persons signed each petition on the same date and that neither petition had sufficient signatures without counting these signatures; and that a third candidate (C) filed a petition in the court of common pleas to set aside the petitions of A and B, whereupon A withdrew his nominating petition before the court hearing on C's petition and within the time permitted by the Election Code of 1937, P.L. 1333, § 914, it was Held that the court below had properly refused to consider the signatures on A's nominating petition and had properly dismissed C's objections to B's nominating petition.
Same case in court below: 16 Pa. D. C.2d 500.
Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.
Appeal, No. 201, Jan. T., 1959, from order of Court of Common Pleas of Cumberland County, May T., 1959, No. 399, in re nomination petitions for school director in Lower Allen Township, in the Republican Party Primary Election.
Petition by candidate for township school director to have nomination petitions of other candidates set aside.
Nomination petition of one other candidate withdrawn; order entered dismissing objections to nomination petition of other candidate, opinion by JACOBS, J. Petitioner to set aside nomination petitions appealed.
Irwin Albert, for appellant.
James S. Bowman, with him Addison M. Bowman, Jr., and Nauman, Smith, Shissler Hall, for appellee.
The order of the court below is affirmed on the opinion of Judge JACOBS, reported in 16 Pa. D. C.2d 500.