Moore v. Osser

233 A.2d 579, 427 Pa. 238, 1967 Pa. LEXIS 475
CourtSupreme Court of Pennsylvania
DecidedOctober 2, 1967
DocketAppeals, 468 and 471
StatusPublished
Cited by5 cases

This text of 233 A.2d 579 (Moore v. Osser) 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.

Bluebook
Moore v. Osser, 233 A.2d 579, 427 Pa. 238, 1967 Pa. LEXIS 475 (Pa. 1967).

Opinions

Opinion by

Mr. Justice Roberts,

Appellees, candidates of the Political Freedom Rights Party, filed nominating papers in Philadelphia for the offices of Mayor and several councilmen-at-large. These papers were rejected by appellants, the Philadelphia County Board of Elections, on June 30, [240]*2401967. Ten days later appellees brought a mandamus action in the Court of Common Pleas of Philadelphia County to compel the county commissioners to accept for filing the now contested nomination papers. The court below granted mandamus.1

The issue before this Court, the proper construction of §951 (b) of the Pennsylvania Election Code of 1937,2 is one of first impression.3 In pertinent part, that section provides: “In the case of all . . . [non-state-wide] nominations, the number of qualified electors of the electoral district signing such nomination papers shall be at least equal to two per centum of the largest entire vote cast for any officer, except a judge of a court of record, elected at the last preceding election in said electoral district for which said nomination papers are to be filed, and shall be not less than the number of signers required for nomination petitions for party candidates for the same office.”

In the 1963 Philadelphia municipal election the highest number of votes cast for a successful citywide candidate was 401,966 for the office of mayor, two per cent of which is 8,039. In 1965, 331,133 votes were cast for district attorney, the most successful city-wide candidate, two per cent of which is 6,622. Although appellees’ papers contained over 12,000 sig[241]*241natures, the appellants insist that only 6,801 of these are valid. The issue thus posed is whether the “last preceding election”, employed by §951 (b) as the base year, has reference to the 1963 election or the 1965 election in which the office of mayor was not contested. If the former, appellees’ papers were properly rejected by the county commissioners;4 if the latter, appellees must prevail.

Appellants contend that 1963 is the “last preceding election” because the phrase “for which said nomination papers are to be filed” modifies the word “election.” Such a construction would render §951 (b) nonsensical, for its language would then read: “the last preceding election for which said nomination papers are to be filed.” Obviously, this construction would result in a conclusion that the Legislature juxtaposed two different temporal references, one to a prior election and one to the election for which the current papers are now being filed.

Furthermore, even were we to accept the word “election” as the proper antecedent of the disputed phrase, we fail to see how this can help appellants. Obviously the words “said nomination papers” refer to the ones filed for the upcoming election, not the last preceding one; and common sense tells us that these papers could not have been filed before they existed. In essence then, to succeed appellants must contend that the phrase “for which said nomination papers are to be filed” modifies “officer” not “election.” Basic rules of grammar refute this contention as well. The antecedent of the pronoun “which” must be a thing, place or event, while the proper pronoun referring to a person would be either “who” or “whom.” The pro[242]*242vision in controversy does not read “for whom said nomination papers are to be filed.”

The natural, logical reading of the phrase “for which said nomination papers are to be filed” is as a modifier of “said electoral district.” It is a basic postulate of good sentence structure to locate a modifying clause as close to its antecedent as possible, thus dictating the conclusion that “said electoral district” is the intended antecedent. Given this conclusion, the “last preceding election in said electoral district,” i.e., the City of Philadelphia, must be the 1965 municipal election, the most recent election in which city-wide offices were contested. We therefore hold that §951 (b) employs as a base year the most recent election, regardless of the office involved, in the particular electoral district in question.

Alternatively, appellants contend that, if their reading is not given to the phrase “for which said nomination papers are to be filed,” that phrase becomes surplusage. It is clear, however, that this phrase was necessary to particularize which electoral district was referred to by the words “last preceding election.” Within this Commonwealth there is a multiplicity of overlapping electoral districts. Assume, for example, that in Philadelphia a councilmanic district is composed of wards #1 and #2, although a magistrate is elected solely by ward #1; that in 1968 ward #1 elected a magistrate as well as a councilman in conjunction with ward #2; and that there were no other elections during the period of 1963-67. The phrase in dispute makes it clear that, when magistrates are to be again elected in 1967, the proper total vote to use as a base would be that cast for magistrate even though the total vote cast by the voters in ward #¡1 for councilman might be greater, for only as to the magisterial election did the ward #1 voters elect a candidate for “said [243]*243electoral district for which said nomination papers are to be filed.”

“Good sense,” according to appellants, also supports their position for they contend that the purpose of §951 (b) is to accurately test voter sentiment for independent candidates and that, for example, in a councilmanic campaign the minimum voter interest required by §95.1 (b) to nominate an independent, third-party candidate should be measured by the last councilmanic election. Simply, appellants insist that the proper referent would be the highest total vote amassed by any councilman-at-large. Perhaps good sense would prompt such a result, but §951 (b) does not so provide, for it speaks of “any officer.” Thus, if in the last election the mayor received 450,000 votes and the most successful councilman-at-large 350,000, according to appellants’ theory an independent councilmanic candidate would need to obtain signatures totaling two per cent of 350,000. However, §951(b)’s use of “any officer” shows that a councilmanic candidate must obtain two per cent of 450,000.5 Furthermore, to the extent that §951 (b) is designed to insure minimal voter interest in an independent candidate, this function is served by the requirement that the number of signatures required for nomination shall at least be equal to that required of “party candidates for the same office.”

One further point is pressed by appellants.6 Section 951(e) provides that: “There shall be appended to each nomination paper offered for filing an affidavit [244]*244of each candidate nominated therein . . . In their answer, appellants asserted that only two of the 243 nominating papers had the requisite .affidavit. The court below, whose reasoning we adopt, adequately disposed of this contention: “[C]ounsel for the plaintiffs stated to the court, without contradiction, that at the time the papers were presented to the board on March 29, 1967, plaintiffs were informed by the board that a separate candidate’s affidavit need not be appended to each individual petition but that the two affidavits submitted were sufficient. Whether this statement was made or not, we would so rule. . . .

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Related

In re Nomination Papers of Perugini
885 A.2d 602 (Commonwealth Court of Pennsylvania, 2005)
Winsley Nomination Petition
11 Pa. D. & C.3d 781 (Delaware County Court of Common Pleas, 1979)
Commonwealth v. Brothers Valley Co.
235 A.2d 597 (Supreme Court of Pennsylvania, 1967)
Moore v. Osser
233 A.2d 579 (Supreme Court of Pennsylvania, 1967)

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Bluebook (online)
233 A.2d 579, 427 Pa. 238, 1967 Pa. LEXIS 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-osser-pa-1967.