Elections — Absentee ballots — Challenge — Sufficiency — Practice — Election Code.
1. A challenge to an absentee ballot which gives as the basis therefor one of the grounds enumerated in the Election Code of 1937, P. L. 1333, § 1308, as amended, and is substantially in the language thereof, is sufficient to require that a hearing be held thereon in conformity with that section of the code. [450]
2. There is no requirement in the Election Code that a challenge to an absentee ballot be supported, at the time of challenge or prior to hearing, by an affidavit or memorandum. [450]
Mr. Justice MUSMANNO and Mr. Justice COHEN took no part in the consideration or decision of this case.
OPINION PER CURIAM, May 27, 1964:
We are all of the opinion that a challenge to an absentee ballot which gives as the basis therefor one of the grounds enumerated in § 1308 of the Pennsylvania Election Code, June 3, 1937, P. L. 1333, added, March 6, 1951, P. L. 3, § 11, as amended, August 13, 1963, P. L. 707, § 24, 25 P. S. § 3146.8 (Supp. 1963), and is substantially in the language thereof, is sufficient to require that a hearing be held thereon in conformity with that section of the Code. There is no requirement in the Election Code that a challenge to an absentee ballot be supported, at the time of challenge or prior to hearing, by an affidavit or memorandum. Furthermore, this record discloses a sufficient and adequate challenge under the law to require a hearing by the Board of Elections on the validity of the challenged ballots.
The order below is reversed and the County Board of Elections is directed to hold a hearing on each challenged absentee ballot in conformity with the provisions of § 1308 of the Election Code, as amended.
Mr. Justice MUSMANNO and Mr. Justice COHEN took no part in the consideration or decision of this case.