ORDER

AND NOW, this 22nd day of October, 2009, the order of the Commonwealth Court is hereby AFFIRMED.

concurring and dissenting statement.

I concur with the majority to the extent it affirms the Commonwealth Court’s denial of relief for appellant. I write separately because I believe a per curiam order does not properly address the merits.

The occurrence of the special election in which appellant sought to be placed on the ballot has rendered this issue presumptively moot. See In re Gross, 476 Pa. 203, 382 A.2d 116, 119 (1978) (stating legal question can become moot on appeal as result of intervening change of circumstances). Although neither party has raised mootness, even after the special election, we are not precluded from invoking the doctrine. See In re Canvass of Absentee Ballots of Nov. 4, 2003 General Election, 577 Pa. 231, 843 A.2d 1223, 1226 n. 3 (2004) (addressing mootness where parties did not raise it). Accordingly, we are not precluded from applying an exception to the mootness doctrine, and “may decide a case where issues important to the public interest are involved, the nature of the question under consideration is such that it will arise again, and review will be repeatedly thwarted if strict rules of mootness are applied.” Commonwealth v. Dixon, 589 Pa. 28, 907 A.2d 468, 472-73 (2006) (citation omitted).

This Court has opined as to moot election matters — albeit distinct from the present issues — due to the applicability of *91the “capable of repetition yet evading review” exception, given the relatively short election cycle time period and the importance of the underlying issues. See Nutter v. Dougherty, 595 Pa. 340, 938 A.2d 401, 405 n. 8 (2007) (given brevity of election cycle and length of litigation, challenge to municipal campaign finance ordinance met capable of repetition and avoiding review exception); In re Canvass of Absentee Ballots of Nov. 4, 2003 General Election, at 1226 n. 3 (third-party absentee ballot deliveries not moot because it is important issue with significance beyond election, capable of repetition and escaping review); Western Pennsylvania Socialist Workers 1982 Campaign v. Connecticut General Life Insurance Company, 512 Pa. 23, 515 A.2d 1331, 1333 (1986) (case not moot, although election was over, because it posed important issues unlikely to reach appellate courts during brief election cycle and likely to escape review).

I agree this matter presents an unusual circumstance, as incumbent Senator James Rhoades was posthumously elected after dying in an automobile accident, and a special election was later held to fill the seat. However, I would find appellant’s circumstances are not so unique in the context of political body candidates seeking ballot representation that they are not capable of repetition. Appellant raises viable claims 1 regarding 25 P.S. § 2831(a)2 and § 2872.2(a).3 An opinion here would serve as relevant authority for potential *92candidates who may be misunderstood as to the Election Code provisions at issue. Explaining how a candidate for the Pennsylvania Senate, who is unaffiliated with a recognized political party, must comply with Election Code procedures may avoid future appeals such as this one. Furthermore, an opinion would discuss Election Code provisions upon which this Court has not previously elaborated.

For the foregoing reasons, I respectfully dissent.