Election Code instruction (Pennsylvania) · Go Syfert
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Election Code instruction in Pennsylvania

16 Pennsylvania opinions name it 3 courts 1982–2023 2 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Bauman Election Contest Casegreen
pa · 1944 · cited in 6 Pennsylvania opinions naming this issue, 2020–2020
2 sentences

2020In reaching that conclusion, the Court observed that “[m]arking a ballot is an imprecise process, the focus of which is upon the unmistakable registration of the voter's will in substantial conformity to the statutory requirements.” Id. at 799 (quoting Appeal of Gallagher, 41 A.2d 630, 632 (Pa 1945)).

2020In reaching that conclusion, the Court observed that “[m]arking a ballot is an imprecise process, the focus of which is upon the unmistakable registration of the voter's will in substantial conformity to the statutory requirements.” Id. at 799 (quoting Appeal of Gallagher, 41 A.2d 630, 632 (Pa 1945)).

66
Beynon Appealgreen
pa · 1952 · cited in 2 Pennsylvania opinions naming this issue, 2006–2023
2 sentences

2023See In re Nomination Petition of Stuski, 697 A.2d 235 , 238 n.7 (Pa. 1995); Appeal of Beynon, 88 A.2d 789, 792 (Pa. 1952); In re Nomination Paper of Rogers, 13 908 A.2d 942 (Pa. Cmwlth. 2006) (Colins, J.) (single-judge op.); In re Nomination Petition of Delle Donne, 779 A.2d 1, 4 (Pa. Cmwlth. 2001) (Doyle, J.) (single-judge op.).

2006Most significant among those cases is Appeal of Beynon, 3 70 Pa. 532 , 538, 88 A.2d 789, 792 (1952), also cited by the Objectors here, which stands for the proposition that, as long as an objector has challenged signatures on a nomination paper, the objector is not precluded, after the seven-day period, from seeking to advance a challenge to those signatures on other grounds in the Election Code at the hearing on a petition to set aside the nomination petition.

22
Stuski v. Lauergreen
pa · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See In re Nomination Petition of Stuski, 697 A.2d 235 , 238 n.7 (Pa. 1995); Appeal of Beynon, 88 A.2d 789, 792 (Pa. 1952); In re Nomination Paper of Rogers, 13 908 A.2d 942 (Pa. Cmwlth. 2006) (Colins, J.) (single-judge op.); In re Nomination Petition of Delle Donne, 779 A.2d 1, 4 (Pa. Cmwlth. 2001) (Doyle, J.) (single-judge op.).

11
In Re Nomination Petition of Delle Donnegreen
pacommwct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See In re Nomination Petition of Stuski, 697 A.2d 235 , 238 n.7 (Pa. 1995); Appeal of Beynon, 88 A.2d 789, 792 (Pa. 1952); In re Nomination Paper of Rogers, 13 908 A.2d 942 (Pa. Cmwlth. 2006) (Colins, J.) (single-judge op.); In re Nomination Petition of Delle Donne, 779 A.2d 1, 4 (Pa. Cmwlth. 2001) (Doyle, J.) (single-judge op.).

11
Valley Township v. City of Coatesvillegreen
pacommwct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022Dicta has no precedential value.’ Valley Twp. v. City of Coatesville, 894 A.2d 885, 889 (Pa. Cmwlth. 2006).” Castellani v. Scranton Times, L.P., 124 A.3d 1229 , 1243 n.11 (Pa. 2015). 9 This Court has observed: The short time allowed under Section 977 of the Election Code for the hearing and disposition of challenges to nomination petitions suggests that persons whose [nomination] petitions are challenged should be quickly and surely notified.

11
In Re Petition to Contest the General Election for District Justicegreen
pa · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004See In re Petition to Contest the General Election for District Justice in Judicial District 36-3-03 Nunc Pro Tunc, 543 Pa. 216 , 670 A.2d 629 (1996).

2004See In re Petition to Contest the General Election for District Justice in Judicial District 36-3-03 Nunc Pro Tunc, 543 Pa. 216 , 670 A.2d 629 (1996).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
In Re Canvass of Absentee Ballots of Nov. 4, 2003 General Election green
pa · 2004
2 sentences

2020Election, Appeal of John Pierce, 843 A.2d 1223 (Pa. 2004). [J-118A-2020, J-118B-2020, J-118C-2020, J-118D-2020, J-118E-2020 and J-118F- 2020] - 20 In Shambach, the Court declined to invalidate a write-in vote cast for a candidate who was named on the ballot, in direct violation of the Election Code’s instruction that a voter could only write in a person’s name if the name of said individual was “not already printed on the ballot for that office.” Shambach, 845 A.2d at 795 .

2020Election, Appeal of John Pierce, 843 A.2d 1223 (Pa. 2004). [J-118A-2020, J-118B-2020, J-118C-2020, J-118D-2020, J-118E-2020 and J-118F- 2020] - 20 In Shambach, the Court declined to invalidate a write-in vote cast for a candidate who was named on the ballot, in direct violation of the Election Code’s instruction that a voter could only write in a person’s name if the name of said individual was “not already printed on the ballot for that office.” Shambach, 845 A.2d at 795 .

62020–2020
Gordon v. Philadelphia County Democratic Executive Committee green
pasuperct · 2013
2 sentences

2019Committee, 80 A.3d 464 (Pa. Super. 2013), wherein a three-Judge panel of this Court determined that it had jurisdiction over an J-E01003-19 appeal involving an alleged Election Code violation.

2019Committee, 80 A.3d 464 (Pa. Super. 2013), wherein a three-Judge panel of this Court determined that it had jurisdiction over an J-E01003-19 appeal involving an alleged Election Code violation.

22019–2019
Commonwealth v. Bidner red
pasuperct · 1980
2 sentences

1984In Commonwealth v. Bidner, 282 Pa. Superior Ct. 100 , 422 A.2d 847 (1980), the Superior Court, speaking through Judge Hester, ruled that “the clear intent of the legislature by virtue of § 107(a) 9 ,” 282 Pa.Superior Ct. at 114, 422 A.2d at 854 , authorized the application of the Crimes Code statute of limitations, 18 Pa.C.S.A. § 108, 10 to an election code violation which was perpetrated after the effective date of the Crimes Code.

1984In Commonwealth v. Bidner, 282 Pa. Superior Ct. 100 , 422 A.2d 847 (1980), the Superior Court, speaking through Judge Hester, ruled that “the clear intent of the legislature by virtue of § 107(a) 9 ,” 282 Pa.Superior Ct. at 114, 422 A.2d at 854 , authorized the application of the Crimes Code statute of limitations, 18 Pa.C.S.A. § 108, 10 to an election code violation which was perpetrated after the effective date of the Crimes Code.

21982–1984
In re Nomination Paper of Rogers green
pacommwct · 2006
1 sentence

2023See In re Nomination Petition of Stuski, 697 A.2d 235 , 238 n.7 (Pa. 1995); Appeal of Beynon, 88 A.2d 789, 792 (Pa. 1952); In re Nomination Paper of Rogers, 13 908 A.2d 942 (Pa. Cmwlth. 2006) (Colins, J.) (single-judge op.); In re Nomination Petition of Delle Donne, 779 A.2d 1, 4 (Pa. Cmwlth. 2001) (Doyle, J.) (single-judge op.).

12023–2023
Castellani, R., Aplts. v. Scranton Times green
pa · 2015
1 sentence

2022Dicta has no precedential value.’ Valley Twp. v. City of Coatesville, 894 A.2d 885, 889 (Pa. Cmwlth. 2006).” Castellani v. Scranton Times, L.P., 124 A.3d 1229 , 1243 n.11 (Pa. 2015). 9 This Court has observed: The short time allowed under Section 977 of the Election Code for the hearing and disposition of challenges to nomination petitions suggests that persons whose [nomination] petitions are challenged should be quickly and surely notified.

12022–2022
In Re Audit of Campaign Expenses, Statements, Election Reports, & Affidavits Required to Be Filed With the Northampton County Election Board green
pacommwct · 2000
2 sentences

2014In re Audit of Campaign Expenses, 747 A.2d 1262 (Pa. Cmwlth.2000) (candidate’s failure to report postcard printing expenditures while attempting to get the invoice and later rectified the exclusion was not substantial); see also Radich v. Habay (Pa. Cmwlth.

2014In re Audit of Campaign Expenses, 747 A.2d 1262 (Pa. Cmwlth.2000) (candidate’s failure to report postcard printing expenditures while attempting to get the invoice and later rectified the exclusion was not substantial); see also Radich v. Habay (Pa. Cmwlth.

12014–2014
Harrisburg Sunday Movie Petition Case green
pa · 1945
2 sentences

1995Both parties cite Harrisburg Sunday Movie Petition Case, 352 Pa. 635 , 44 A.2d 46 (1945), which involved petitions seeking to have a question regarding Sunday motion picture shows placed on the ballot.

1995Both parties cite Harrisburg Sunday Movie Petition Case, 352 Pa. 635 , 44 A.2d 46 (1945), which involved petitions seeking to have a question regarding Sunday motion picture shows placed on the ballot.

11995–1995

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 726 (6) USC § 52u.s.c.10101 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 16 (1982–2023) TX 12 (2006–2024) IL 5 (1968–2022) CA 2 (2021–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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