Opinion
September 30, 1957.
October 7, 1957.
Election law — Cumulating write-in ballots — Intent of voter — Appeal from county election board — Court of common pleas — Powers — Pennsylvania Election Code.
Parente Appeal, 390 Pa. 249, followed.
Before JONES, C. J., BELL, CHIDSEY, ARNOLD, JONES and COHEN, JJ.
Appeal, No. 240, March T., 1957, from order of Court of Common Pleas of Westmoreland County, Apr. T., 1957, No. 521, in case of Petition of James A. Richards, in re decision of County Election Board. Order affirmed; reargument refused November 8, 1957.
Proceeding upon appeal from decision of county election board refusing to cumulate write-in ballots.
Order entered sustaining the appeal and directing that write-in ballots be cumulated; exceptions dismissed and final order entered. Before LAIRD, P. J., O'CONNELL, J. and COPELAND, P. J., specially presiding, opinion by LAIRD, P. J., O'CONNELL, J., dissenting. Defeated candidate appealed.
Paul K. McCormick, with him Andrew Romito, for appellant.
D. J. Snyder, Jr., with him Wayne R. Donahue and Kunkel Trescher, for appellees.
The only difference between this case and Parente Appeal, 390 Pa. 249, 135 A.2d 62, is that here the write-in votes were on voting machines in the City of Arnold, Westmoreland County, and were for candidates for nomination for City Council on the Republican ticket. What we held in the Parente case, supra, controls the decision in this case also.
Order affirmed.