Blatt Appeal

Supreme Court of Pennsylvania

Blatt Appeal

200 A.2d 882, 414 Pa. 449, 1964 Pa. LEXIS 578

CourtSupreme Court of Pennsylvania

DecidedMay 27, 1964

DocketAppeal, 303

StatusPublished

Cited by3 cases

This text of 200 A.2d 882 (Blatt Appeal) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Blatt Appeal, 200 A.2d 882, 414 Pa. 449, 1964 Pa. LEXIS 578 (Pa. 1964).

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Opinion

Per Curiam,

We are all of the opinion that a challenge to an absentee ballot which gives as the basis therefor one of the grounds enumerated in §1308 of the Pennsylvania Election Code, June 3, 1937, P. L. 1333, added, March 6,1951, P. L. 3, §11, as amended, August 13, 1963, P. L. 707, §24, 25 P.S. §3146.8 (Supp. 1963), and is substantially in the language thereof, is sufficient to require that a hearing be held thereon in conformity with that section of the Code. There is no requirement in the Election Code that a challenge to an absentee ballot be supported, at the time of challenge or prior to hearing, by an affidavit or memorandum. Furthermore, this record discloses a sufficient and adequate challenge under *451 the law to require a hearing by the Board of Elections on the validity of the challenged ballots.

The order below is reversed and the County Board of Elections is directed to hold a hearing on each challenged absentee ballot in conformity with the provisions of §1308 of the Election Code, as amended.

Mr. Justice Musmanno and Mr. Justice Cohen took no part in the consideration or decision of this case.

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Opinion

Per Curiam,

We are all of the opinion that a challenge to an absentee ballot which gives as the basis therefor one of the grounds enumerated in §1308 of the Pennsylvania Election Code, June 3, 1937, P. L. 1333, added, March 6,1951, P. L. 3, §11, as amended, August 13, 1963, P. L. 707, §24, 25 P.S. §3146.8 (Supp. 1963), and is substantially in the language thereof, is sufficient to require that a hearing be held thereon in conformity with that section of the Code. There is no requirement in the Election Code that a challenge to an absentee ballot be supported, at the time of challenge or prior to hearing, by an affidavit or memorandum. Furthermore, this record discloses a sufficient and adequate challenge under *451 the law to require a hearing by the Board of Elections on the validity of the challenged ballots.

The order below is reversed and the County Board of Elections is directed to hold a hearing on each challenged absentee ballot in conformity with the provisions of §1308 of the Election Code, as amended.

Mr. Justice Musmanno and Mr. Justice Cohen took no part in the consideration or decision of this case.

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Bluebook (online)

200 A.2d 882, 414 Pa. 449, 1964 Pa. LEXIS 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blatt-appeal-pa-1964.

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