Summary
In Smith, this Court sustained, on statutory grounds, the claim of a candidate who sought reversal of an order of the Commonwealth Court striking his nomination papers as the candidate of a political body in a special election to fill a vacancy in the office of Representative in Congress. The candidate was also the unchallenged nominee of the Republican Party, having been named by the Republican Party caucus.
Summary of this case from In re StreetOpinion
Argued June 24, 1981.
Decided June 25, 1981. Reargument Denied July 8, 1981.
Appeal from an order of the Commonwealth Court of Pennsylvania dated June 19, 1981, No. 1354 C.D. 1981, striking the nomination papers of Joseph F. Smith as the candidate of a political body, 431 A.2d 1096, James C. Crumlish, J.
Benjamin Paul, Philadelphia, for appellant.
Louis W. Fryman, Philadelphia, on behalf of Republican City Committee.
Joseph H. Huston, Jr., Philadelphia, for appellee.
Before O'BRIEN, C. J., and ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.
OPINION OF THE COURT
Our review of the record satisfies us that JOSEPH F. SMITH has established his entitlement as a candidate of a political body for the office of United States Representative from the Third Congressional District of Pennsylvania in the special election to be held July 21, 1981. Accordingly, the Rule to Show Cause is made absolute, and the Order of the Commonwealth Court, dated June 19, 1981, is reversed.