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Shroyer, Appellant, v. Thomas.

Elections — Primary election — Nominations — Death of candidate — Absence of substitution — Keeping name on ballot — Pennsylvania Election Code.

Under the Pennsylvania Election Code of June 3, 1937, P. L. 1333, as amended, where a candidate at a primary election for the office of County Commissioner files a petition for said office and dies before the last day permitted for his withdrawal, the County Board of Elections, when no substitution has been made, and before the ballots are printed, shall permit the name to remain on the ballot and shall cause lots to be cast for a position of the name on the ballot.

Mr. Justice BELL dissented.

OPINION PER CURIAM, June 22, 1951:

The order is affirmed on the opinion of the learned court below.

Mr. Justice BELL dissents.

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SHROYER v. THOMAS
(Jun 22, 1951)