Wilds v. Secretary of Commonwealth
Wilds v. Secretary of Commonwealth
Opinion of the Court
Opinion by
The petitioners, Scott M. Wilds, Suzanne Badoux, David Livingston, Donna Livingston, Francis E. Glee-son, Jr. and John J. Hughes, are candidates in the April 10, 1984 Pennsylvania Primary Election f or the position of delegate to the Democratic National Convention.
The petitioners were previously certified to the Philadelphia County Board of Elections, pursuant to Section 2876 of the Election Code,
The petitioners argue that there is no provision of the Election Code which establishes a deadline beyond which the submission of a Delegate’s Statement of presidential allegiance is invalid and that they are,
The Pennsylvania Delegate Selection Plan for the 1984 Democratic National Convention,
notify the Secretary of the Commonwealth, the Pennsylvania Democratic State Committee, and each individual who has submitted a request to be designated a committed delegate or alternate delegate by the said Presidential candidate by no later than January 13, 1984, so that the respective candidates who have not been accepted by the said Presidential candidates may file as*32 uncommitted delegate candidates or alternate candidates. (Emphasis added.)
In effect, the petitioners are trying to file a new and different commitment with the Secretary of the Commonwealth, and support Senator Gary Hart. Not only is the effort by the petitioners untimely, but it is also violative of Section 2936(h) of the Election Code. This section states that “[n]o nomination petition, nomination paper or nomination certificate shall be permitted to be filed if it contains material alterations made after signing without the consent of the signers. ’ ’
The nomination petitions filed by the petitioners contained a Delegate or Alternate Delegate’s Statement, immediately under the delegate candidate’s name and identification of the presidential candidate to whom committed and immediately above the formal introductory text, reciting that the
undersigned . . . qualified electors shall petition the Secretary of the Commonwealth to have the candidate whose name ... [is] set forth above, and who has declared that, if elected and in attendance as a delegate or alternate delegate to the National Convention . . . shall with all fidelity to the best judgment and ability in all matters coming before the convention, support the candidate for president of the United States whose name is set forth above ..., to be printed on the official Presidential Primary Ballot. . . .
The purpose of requiring that the Delegate’s Statement be on each nomination petition form, and “be signed on all the sheets of said petition, together with the date of signing . . .”
The time limits set forth in the Election Code and Party Rules are not unreasonable. The petitioners had the same amount of time as any other candidate for delegate to commit themselves to a particular presidential candidate and obtain his authorization, or to remain uncommitted. Therefore, the petitioners cannot nowr claim that the failure of this Court to grant their Petition for Mandamus would cause them irreparable harm and that they should now be entitled to have the ballot changed to reflect their new presidential preference.
To allow candidates to be able to whimsically switch allegiances after the filing deadline would in effect open up a Pandora’s box. “We are entrusted with the responsibility of protecting the Commonwealth’s compelling interest in preserving the integrity of the election process.” In re: Nomination Papers of Carlson, 60 Pa. Commonwealth Ct. 170, 174, 430 A.2d 1210, 1212 (1981), aff’d. 494 Pa. 139, 430 A.2d 1155 (1981).
Accordingly, we deny the petitioners’ Application for Immediate Peremptory Mandamus.
And Now, this 19 th day of Mar oh, 1984, after an evidentiary hearing held thereon, Petitioners’ Application for Immediate Peremptory Mandamus is hereby denied.
Mr. Wilds and Ms. Badoux are candidates for this position from the Second Congressional District; the remaining petitioners are candidates for this position from the Third Congressional District.
Act of June 3, 1937, P.L. 1333, as amended, 25 P.S. §2876.
25 P.S. §2878(a).
25 P.S. §2873(d).
The Delegate Selection Plan provides the procedures for the selection of 195 delegates and 65 alternates from Pennsylvania to the 1984 Democratic National Convention.
The delegate election process is governed by the Delegate Selection Rules for the 1984 Democratic National Convention, the Regulations of the Compliance Review Commission, the rules of the Pennsylvania Democratic State Committee, the state election code and this Delegate Selection Plan.
25 P.S. §2871.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.