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Supreme Court of Pennsylvania, 1990

In re Nomination Petition of Kersten

In re Nomination Petition of Kersten
Supreme Court of Pennsylvania · Decided April 27, 1990 · Cappy, Consideration, Files, Flaherty, Larsen, Matter, McDermott, Nix, Papadakos, Zappala
525 Pa. 63; 575 A.2d 542

In re Nomination Petition of Kersten

Opinion of the Court

ORDER

PER CURIAM.

The order of the Commonwealth Court is affirmed. Opinion to follow, 525 Pa. 65, 575 A.2d 542.

CAPPY, J., did not participate in the consideration or decision of this matter. McDERMOTT, J., files a dissenting opinion in which LARSEN, J., joins.

Dissenting Opinion

McDERMOTT, Justice,

dissenting.

The affidavit here was defective. The affidavit to the petition is to protect the integrity of the election process. The argument that the candidate was not prejudiced is irrelevant to that consideration. See Citizens Committee to Recall Rizzo v. Board of Elections of Philadelphia, 470 Pa. 1, 367 A.2d 232 (1976); In Re Nomination Petition of Cianfrani, 467 Pa. 491, 359 A.2d 383 (1976).

LARSEN, J., joins this dissenting opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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