Opinion
No. 162 M.D. 2018
04-17-2018
In Re: Nomination Petition of Michael J. Stack, Candidate for Lieutenant Governor Petition of: Tracey L. Gordon, Ibrul H. Chowdhury, and M. Karen Bojar
AMENDMENT ORDER
AND NOW, this 17th day of April, 2018, the Court's opinion in the above matter, filed March 28, 2018, is amended to reflect the following corrections:
Page 2, first full paragraph, last sentence should read: Candidate's mother's home at 1247 Southampton Road is located in the same ward and division in Philadelphia as the Wayside Avenue property.
Page 11, beginning on line 6, should read: Code, 25 P.S. §2813, provides a safe harbor for those whose State service or study requires a presence in a new location, even one outside Pennsylvania.
Page 12, second full paragraph, beginning on line 6 should read: ... in-law's home as his residence during the time he lived, worked and voted in ...
Page 13, first paragraph after the quote, line 2 should read: ... residence, reduced to its essence, is the "habitation where one has put down ...
Page 13, second full paragraph, first sentence should read: First, the Shimkus test does not yield a definitive outcome on this record.
Page 14, last paragraph, last sentence should read: The safe harbor of Section 703 of the Election Code protects these choices
from having the unintended consequence of changing one's domicile.
In all other respects, the opinion and order shall remain in effect.
It is hereby ORDERED that the above-captioned opinion filed March 28, 2018, shall be designated OPINION rather than MEMORANDUM OPINION, and it shall be reported.
/s/_________
MARY HANNAH LEAVITT, President Judge