Providence Township Local Option Referendum

84 Pa. D. & C. 573, 1953 Pa. Dist. & Cnty. Dec. LEXIS 178
CourtPennsylvania Court of Common Pleas, Montgomery County
DecidedApril 20, 1953
Docketnos. 28 and 29
StatusPublished

This text of 84 Pa. D. & C. 573 (Providence Township Local Option Referendum) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Providence Township Local Option Referendum, 84 Pa. D. & C. 573, 1953 Pa. Dist. & Cnty. Dec. LEXIS 178 (Pa. Super. Ct. 1953).

Opinion

Per Curiam,

The Liquor Code of April 12,, 1951, P. L. 90, sec. 472, provides that when [575]*575electors equal to at least 25 percent of the highest vote cast for any office in the municipality at the last general election shall file a petition with the county board of elections for a referendum on the question of granting liquor licenses in such municipality, such question shall be submitted to the electors at the succeeding primary election.

On March 16, 1958, a petition was filed with the county board of elections under the section, requesting that the above question be submitted to the electors of Upper Providence Township at the primary election to be held on May 19, 1953.

The petition was signed by 632 persons and it is agreed that the required number is 455. The board of elections found that 10 names had been stricken out, one name was stricken out as afterdated and 139 names were stricken out as predated. The board then certified to the court that the petition contained 482 names which were prima facie valid.

On March 27, 1953, two registered electors in the township filed a petition on which a rule was allowed to show cause why the petition for a referendum should not be stricken off for lack of proper signatures. Hearings were held on April 2 and April 10, 1953. The objectors to the petition for referendum make over 400 objections to the signatures on the petition.

These objections may be classified as follows: Predated and afterdated; not registered; defective address; fraudulent petition; illegal occupation.

In considering objections such as these, courts keep in mind that the purpose of a referendum under the local option provisions of the Liquor Code is to obtain a full and fair expression of the voters’ choice and that the statute providing for a referendum should be liberally interpreted in favor of the opportunity of the voters to express their convictions on the ques[576]*576tion: Oncken v. Ewing, 336 Pa. 43 (1939); Michalow Nomination, 75 D. & C. 607 (1950); Mason et al. v. Callahan et al., 61 D. & C. 649 (1947).

That this is also the legislative policy is shown by section 977 of the Election Code, which provides liberally for amendments as to material errors or defects apparent on the face of petition or paper. Here over one third of the registered voters of Upper Providence Township have indicated in no uncertain manner their desire to vote on whether or not liquor licenses should exist in the township. This desire should not be defeated or frustrated by captious and immaterial objections which relate to errors and defects of form, rather than substance. With these preliminary observations, we will consider the objections.

The most important of all the objections is that relating to the predating of the petition, which involves 139 signatures.

The Liquor Control Act of April 12, 1951, P. L. 90, supra, provides that the petition for a local option referendum must be filed at least 60 days before the primary election at which the question comes before the electors. The act provides, section 472:

“Said proceedings shall be in the manner and subject to the provisions of the election laws which relate to the signing, filing and adjudication of nomination petitions, in so far as such provisions are applicable.”

Section 913 of the Election Code of June 3, 1937, P. L. 1333, as amended by the Act of March 6, 1951, P. L. 3, sec. 7, provides:

“(d) All nomination petitions shall be filed at least sixty-four (64) days prior to the primary.”

Section 908 of the Election Code, supra, provides that:

“No nomination petition shall be circulated prior to 20 days before the last day on which such petition may be filed.”

[577]*577The primary election in 1953 will be held May 19th and the last day for filing petitions under the local option provisions of the Liquor Control Act would be March 20th.

If the provisions of the Election Code are applicable as to the filing date, then the last day for filing a petition under the local option provisions of the Liquor Control Act would be March 16th, or 64 days before the primary. _

One hundred and thirty-nine of the signers of the petition signed between February 24 and 28, 1953. Whether or not these 139 signatures are valid depends on whether the Liquor Code or the Election Code controls the date for the filing of petitions under the local option provisions of the Liquor Code.

The Liquor Code provides that local option petitions must be filed at least 60 days before the primary, but contains no directions as to when the petition may be circulated or signed. For information on that point, the Liquor Code refers to the Election Code and that code provides, sec. 908:

“No nomination petition shall be circulated prior to 20 days before the last day on which such petition may be filed.”

The local option provisions in the Liquor Code pertain to a particular or special kind of election, namely a referendum on the question of local option. These provisions therefore take precedence over the general law of elections as contained in the Election Code. Inasmuch as the Liquor Code contains no provisions as to the time in which a petition under the local option section must be circulated, we must look to the Election Code for guidance, for it is unreasonable to suppose that the legislature intended that these petitions could be signed at any time. As above set forth, the election code provides that nominating petitions cannot be circulated prior to 20 days before the last [578]*578day on which such petition may be filed. This is not a nominating petition, but in the absence of any other guide, we think the time limit is applicable to petitions under the local option provisions of the Liquor Code. The last day for filing this petition was March 20th and therefore the signatures on the petition dated between February 24th and 28th are invalid and the board of elections properly refused to consider them. See Cannon v. Peters et al., 36 D. & C. 195; Kram v. Kane et al., 336 Pa. 113 (1939). . . .

Defective Address

In the petition to set aside the local option petition, the objectors contend that 203 of the signatures should be cast out because of the defective address given by the signers. The objectors have produced no evidence whatever to support the objections, outside of the petitions themselves.

The alleged defective addresses fall into several classes: First, where the name of the town alone is given (e.g., Oaks, Mont Clare, Yerkes, Trappe); second, where a street or road is given and no house number; third, where the post office address is given, such as an R. D. number.

In reference to addresses, the Election Code provides, sec. 908:

“He shall add his . . . and residence, giving city, borough or township, with street and number, if any, . . . Provided, however, That if the said political district named in the petition lies wholly within any city, borough or township, or is co-extensive with same, it shall not be necessary for any signer of a nomination petition to state therein the city, borough or township of his residence.”

Under this, the signers were not required to give Upper Providence Township as part of their address.

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Related

Kram v. Kane
8 A.2d 398 (Supreme Court of Pennsylvania, 1939)
Oncken v. Ewing
8 A.2d 402 (Supreme Court of Pennsylvania, 1939)

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Bluebook (online)
84 Pa. D. & C. 573, 1953 Pa. Dist. & Cnty. Dec. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/providence-township-local-option-referendum-pactcomplmontgo-1953.