In re Kersten

Full title: In re Nomination Petition of John P. KERSTEN, also known as John P…

Court: Supreme Court of Pennsylvania

Date published: Apr 27, 1990

575 A.2d 542 (Pa. 1990)

575 A.2d 542

Opinion

Argued April 6, 1990.

Decided April 27, 1990. Dissenting Opinion May 17, 1990.

Appeal No. 43 M.D. Appeal Dkt. 1990; from the Order of the Commonwealth Court Entered on March 30, 1990 at No. 113 Misc. Dkt. 1990 Dismissing the Objections to the Nomination Petition of John P. Kersten; Francis A. Barry, Senior Judge.

William Martin Sloan, Karen M. Balaban, for appellant.

George O. Wagner, Danville, Pa., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

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.

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.