Elections — Nominations — Substituted nomination certificates — Designation of unsuccessful candidate for nomination on party ballot as substitute candidate of other party in general election — Act of June 3, 1937, P. L. 1333, amended July 5, 1947, P. L. 1358.
Where it appeared that the successful candidates in a township primary election for nomination on the Republican Party ballot for the offices of supervisor and school director, respectively, withdrew and renounced the nominations; that the Republican Party county executive committee filed with the county board of elections substituted nomination certificates for these offices, designating as its candidates persons who were registered Democrats and who had been unsuccessful candidates in the primary for nomination on the Democratic ticket for the offices of supervisor and constable, respectively; and that, upon petitions of the respective Democratic nominees for the offices of supervisor and school director, the court of common pleas in each case entered an order setting aside the substituted nomination certificate and restraining the board of elections from printing the name of the substituted nominee as a candidate for office on the Republican ballot in the general election; it was Held that the orders of the court below should be reversed.
RHODES, P.J., and ROSS, J., dissented.
Argued October 6, 1955.
PER CURIAM, October 7, 1955:
The orders of the court below are reversed at appellees' costs.
President Judge RHODES dissents for the following reasons: (1) That the Superior Court does not have jurisdiction and the motion to certify the appeals to the Supreme Court should have been granted, and (2) that on the merits the orders should be affirmed on the opinion of President Judge MCCREADY.
Judge ROSS dissents on the ground that the Superior Court does not have jurisdiction.