Swartz v. Helm

41 Pa. D. & C.2d 322, 1966 Pa. Dist. & Cnty. Dec. LEXIS 192
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedSeptember 30, 1966
Docketno. 325
StatusPublished
Cited by2 cases

This text of 41 Pa. D. & C.2d 322 (Swartz v. Helm) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swartz v. Helm, 41 Pa. D. & C.2d 322, 1966 Pa. Dist. & Cnty. Dec. LEXIS 192 (Pa. Super. Ct. 1966).

Opinion

Bowman, J.,

By complaint in mandamus, plaintiffs seek an order of this court directing the Secretary of the Commonwealth to accept and file their nomination papers and to thereafter certify to the appropriate county boards of election their names as candidates for public office of the Constitutional Party — an independent political body — at the forthcoming general election. Three of the plaintiffs seek State-wide office;1 the others seek office as either representative to the United States Congress or to the General Assembly of Pennsylvania from particular districts in the Commonwealth.2

After the case was at issue on the pleadings, the parties filed a written stipulation of facts and waiver of jury trial.3 Having been argued before the court en banc, it may now be disposed of on its substantive merits.

The following stipulated facts supply the background for the legal issues raised in this controversy.

Within the time prescribed by law, plaintiffs and other persons not parties hereto offered to the Direc[324]*324tor of the Bureau of Elections of the Commonwealth for filing nomination papers for various public offices as candidates of the Constitutional Party, an independent political body. “Each of the nomination papers offered for filing consisted of nomination sheets containing nominations for the offices of Governor, Lieutenant Governor and Secretary of Internal Affairs. In addition to said nominations, each of said nomination sheets consisted of nominations of individuals for United States Congressmen and Representatives of the Pennsylvania General Assembly. In addition thereto, a number of nomination sheets contained only nominations for Governor, Lieutenant Governor and Secretary of Internal Affairs. The said sheets were consecutively numbered 1 thru 613, inclusive” : paragraph 9 of stipulation.4 “The nomination papers offered for filing by the plaintiffs herein were rejected by the defendants because the defendants allege that: (1) (a) certain of the said nomination papers did not contain the number of signatures required by law for certain of the candidates named therein; (b) by reason whereof said nomination papers were rejected in accordance with the provisions of Sections 951 and 976 of the Election Code; (c) said provisions require that in such cases, the nomination papers shall forthwith be rejected and returned; (d) the result being such nomination papers could not be counted for any candidate, and (e) by reason whereof all the remaining candidates appearing thereon had insufficient signatures on the remaining nomination sheets to qualify them for the offices named thereon also requiring their rejection, and that (2) (a) certain of the [325]*325said nomination papers combined the nominations of candidates thereon for both state-wide and district offices; (b) by reason whereof said nomination papers were rejected in accordance with the provisions of Sections 951 and 976 of the Election Code; (c) said provisions require that in such cases, the nomination papers shall forthwith be rejected and returned; (d) the result being such nomination papers could not be counted for the candidates named thereon and (e) by reason whereof all the candidates appearing thereon had insufficient signatures on the nomination papers to qualify them”: paragraph 10 of stipulation.

For the reasons stated above, defendants rejected all of the nomination papers in question and returned the filing fees tendered by the various candidates. Letters to this effect were mailed to all candidates, and the nomination papers themselves were returned to the State-wide candidates.

In addition to stipulating the facts, the parties also stipulated the outcome depending upon the court’s conclusion as to the legal issues involved. Because of the brevity of stipulated facts, these stipulations are now recited to more lucidly frame legal issues.

“If the defendants’ rejection of the nomination papers of all the parties named thereon, based on either of the conclusions of paragraph 10 (1) and 10 (2) above, is correct, then all the plaintiff candidates are disqualified from appearing on the ballot for the 'Constitutional Party in the General Election to be held on November 8,1966”: paragraph 11 of stipulation.

“If the defendants’ rejection of the nomination papers of all the parties named thereon, based on both of the conclusions of paragraph 10 (1) and 10 (2) above is incorrect, then all the plaintiff candidates, with the exception of Fred D. Bruckman, who has been removed as a party plaintiff on his own motion, and other persons not parties hereto, are qualified to appear on the [326]*326ballot for the Constitutional Party, in the General Election to be held on November 8, 1966”: paragraph 13 of stipulation.

As further preface to considering the legal issues confronting us, it might be well to distinguish between the less familiar election process relating to nominees for public office by political bodies and the more familiar process relating to nominations by political parties. This distinction was admirably set forth by the late President Judge Walter R. Sohn of this court in Brown v. Finnegan, 8 D. & C. 2d 780, 70 Dauph. 353 (1957), affirmed per curiam 389 Pa. 609 (1957). He stated, at page 783:

“In solving the question before us, we must consider that the Pennsylvania Election Code establishes two basic methods of nominations for political office: (1) by selection at a primary election, or (2) by nomination papers. The former method is limited to candidates for the nomination of a political party; the latter method, to candidates for the nomination of a political body. The terms ‘political party’ and ‘political body’ are not interchangeable. As a basic proposition, a party is an organization which has polled a sufficiently large number of votes at the preceding general or municipal election to entitle it to nominate all its candidates for office and to elect all its party officers at primaries, under the provisions of the Election Code. An organization which does not poll the requisite number of votes at the preceding election cannot nominate candidates or elect its officers at primaries. It can only nominate candidates by nomination papers.

“A candidate for a party nomination must stand for selection at a primary. In order to get on the primary ballot, he must file a nomination petition signed by a requisite number of registered members of his party. If he is chosen at the primary election as his party’s nominee, he runs for the particular office at the ensu[327]*327ing general or municipal election. With respect to a particular body’s nominee, however, an entirely different procedure is necessary. A political body’s nominee is nominated directly by the body, through filing nomination papers containing a requisite number of signatures. It follows that the nominees for office at a November election can get on the ballot by one of two ways; by political party nomination at a primary election, or by political body nomination through papers.

“A nominee by papers has to obtain a much larger number of signatures than a candidate for party nomination by petition. He also is subject to different provisions of the Election Code from a candidate by petition. A candidate for party nomination is required to follow sections 901 to 923 of the Election Code, 25 PS § §2861 to 2883.

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Bluebook (online)
41 Pa. D. & C.2d 322, 1966 Pa. Dist. & Cnty. Dec. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swartz-v-helm-pactcompldauphi-1966.