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NOTICE AND ORDER
OBJECTIONS TO NOMINATION PETITIONS/PAPERS
IN THE 2023 MUNICIPAL PRIMARY AND MUNICIPAL ELECTIONS
AND ALL FUTURE PENNSYLVANIA ELECTIONS
Objections to nomination petitions/papers of candidates seeking to be
placed on the ballot(s) for the May 16, 2023 Municipal Primary Election and/or the
November 7, 2023 Municipal Election, or for any future Pennsylvania election,
shall proceed in the Commonwealth Court as set forth in the Order below, until
further Order of the Court. See In re Moore, 291 A.2d 531, 533 (Pa. 1972)
(recognizing that the manner of service of objection petitions, the fixing of hearings,
and the manner of notice thereof are purely judicial functions entrusted to this Court
under Section 977 of the Election Code, 25 P.S. § 2937).
o provide for the prompt and efficient disposition of objection
petitions, all objectors, candidates, and counsel are hereby notified that the
following Order alters the traditional form of personal service of objection petitions
upon a candidate for office that this Court has previously required. In addition, to
improve timely accessibility of filings to the Court and parties, all objectors,
candidates, and counsel are strongly encouraged to submit filings electronically as
provided below.
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ccordingly, the Court ORDERS as follows:
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
:
N RE OBJECTIONS TO
NOMINATION PETITIONS/PAPERS :
IN THE 2023 MUNICIPAL PRIMARY :
:
AND MUNICIPAL ELECTIONS
:
AND ALL FUTURE
PENNSYLVANIA ELECTIONS
:
O R D E R
No. 126 Misc. Dkt. No. 3
NOW, February 2, 2023, all petitions to set aside nomination petitions/papers
(objection petitions) of candidates seeking to be placed on the ballot(s) for the May
16, 2023 Municipal Primary Election and/or the November 7, 2023 Municipal
Election, or for any future Pennsylvania election, shall be filed in paper format or
electronically, either by PACFile (the Pennsylvania appellate court electronic filing
system) or by email to CommCourtFiling@pacourts.us. Objectors are strongly
encouraged to file their objection petitions in electronic format.
pon the filing of an objection petition, the Court shall post the petition on a
dedicated page of the Court’s website at: https://www.pacourts.us/objection-
petitions-related-court-orders-and-other-filings (webpage).
HE POSTING OF AN OBJECTION PETITION ON THE WEBPAGE
SHALL CONSTITUTE SERVICE ON THE CANDIDATE AGAINST
WHOM THE OBJECTION PETITION HAS BEEN FILED.1
ALL
CANDIDATES ARE UNDER A CONTINUING OBLIGATION TO CHECK
1 Nothing in this Order relieves an objector of their obligation to serve the Secretary of the
Commonwealth as required by Section 977 of the Pennsylvania Election Code, Act of June 3,
1937, P.L. 1333, as amended, 25 P.S. § 2937.
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THE WEBPAGE TO DETERMINE IF AN OBJECTION PETITION HAS
BEEN FILED TO THEIR NOMINATION PETITIONS/PAPERS.
urthermore, upon the filling of an objection petition, the Court will issue a
Scheduling and Case Management Order. The Court shall post the Scheduling and
Case Management Order on the webpage along with the objection petition.
HE POSTING OF A SCHEDULING AND CASE MANAGEMENT
ORDER ON THE WEBPAGE SHALL CONSTITUTE SERVICE OF THE
ORDER ON THE OBJECTOR AND CANDIDATE. ALL PARTIES ARE
UNDER A CONTINUING OBLIGATION TO CHECK THE WEBPAGE TO
CONFIRM WHETHER A SCHEDULING AND CASE MANAGEMENT
ORDER HAS BEEN ISSUED WITH RESPECT TO ANY OBJECTION
PETITION.
A COPY OF A SAMPLE SCHEDULING AND CASE
MANAGEMENT ORDER IS ATTACHED.
s a general matter, counsel should be prepared to expeditiously review
contested signature lines and enter into appropriate stipulations prior to any court
hearings on objection petitions.
hen individual elector signatures are challenged, the objection petition must
be accompanied by a spreadsheet as specified below. The objection petition and
spreadsheet shall satisfy the following requirements:
1.
The objection petition shall specify objections to individual signature
lines in the nomination petition/paper, and these shall be set forth in an EXCEL® or
other similar spreadsheet format. Objector may use the downloadable spreadsheet
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provided on the Court’s website at: http://www.pacourts.us/courts/commonwealth-
Spreadsheet columns shall include, for each challenged signature line
on the nomination petition/paper: page number, line number, county, and the reason
or reasons for each challenge. The spreadsheet shall designate the grounds for
objection using the following abbreviations (challenge codes key):
NR –
Not Registered
NRA –
Not Registered at Address
NRD –
Not Registered in District
NRDS – Not Registered on Date Signed
OC –
ILL –
Out of County
Illegible
LIO –
Line Information Omitted
DUP –
Duplicate
IHA –
Line Information in Hand of Another
N/I –
PRI –
Nickname/Initial
Printed Signature
Other –
Any ground for objection not listed above
The objection petition shall state the number of signature lines
challenged, as well as the total number of completed signature lines on the face of
the nomination petition/paper.
Any other objection, e.g., to circulator statements, candidate affidavits,
etc., must be separately stated in the objection petition.
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court/.
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5.
For an objection petition filed in paper format:
a.
Objector shall attach to the objection petition as an exhibit a
printed copy of the spreadsheet printed on 8½ x 14-inch paper, with all grid lines
showing and column headings appearing on each printed sheet, and a printed copy
of the challenge codes key.
b.
Objector shall file an original and one copy of the objection
petition and spreadsheet.
Objector shall file two separate USB flash drives, each
containing an electronic version of the spreadsheet and the challenge codes key. The
electronic versions of the spreadsheet on the USB flash drives must be enabled for
editing by the Court, and may not be read-only or password protected.
.
For an objection petition filed electronically:
a.
Along with the electronically filed objection petition, Objector
shall file as an exhibit an electronic (PDF) version of the spreadsheet with all grid
lines showing and column headings appearing on each sheet, and an electronic
(PDF) version of the challenge codes key.
. Within two days of filing the objection petition and spreadsheet,
Objector shall submit to the Court two paper copies of the electronically filed
objection petition and spreadsheet and two USB flash drives, each containing an
electronic version of the spreadsheet and the challenge codes key. The electronic
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c.
b
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versions of the spreadsheet on the USB flash drives must be enabled for editing by
the Court, and may not be read-only or password protected.
The Prothonotary is hereby directed to send a copy of this Order to:
The Court Administrator of Pennsylvania, who shall post this Order on
the Court’s website at http://www.pacourts.us/courts/commonwealth-court/; and
The Secretary of the Commonwealth, who shall (1) post this Order
conspicuously in the Bureau of Commissions, Elections and Legislation and in such
other manner as the Secretary deems appropriate; and (2) provide a copy of this
Order to each state level candidate (or the candidate’s representative) who files
nomination petitions/papers seeking to be placed on the ballot for any Pennsylvania
election.
This Notice and Order shall remain in effect until further Order of the Court.
.
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BY THE COURT:
__________________________________________
RENÉE COHN JUBELIRER, President Judge
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA
N RE:
:
NOMINATION PETITIONS/PAPERS :
OF ___________________________
:
No. *
SCHEDULING and CASE MANAGEMENT ORDER
PER CURIAM
NOW, _________, upon consideration of the Petition to Set Aside
Nomination Petitions/Papers (Objection Petition):
1. IT IS HEREBY ORDERED:
A. Hearing on
is
scheduled
the Objection Petition
for
________________________________________, in Courtroom Number ______,
_______________________________________________________, Pennsylvania.
Objector is directed to secure the services of a court stenographer for the hearing.
Failure of Objector to secure the services of a court stenographer may result in the
dismissal of this matter.
B.
If signature lines are challenged, Objector shall secure, by request
or subpoena, the presence of a Statewide Uniform Registry of Electors (SURE)
system operator at the hearing.
C.
Service of the Objection Petition on Candidate, and of this Order
on all parties is complete upon the posting of the Objection Petition and this Order on
the Pennsylvania Unified Judicial System website in accordance with this Court’s
Notice and Order in In re Objections to Nomination Petitions/Papers in the 2023
I
unicipal Primary and Municipal Elections and All Future Pennsylvania Elections
(Pa. Cmwlth., No. 126 Misc. Dkt. No. 3).
D. At the hearing, Objector shall offer proof of timely service of the
Objection Petition on the Secretary of the Commonwealth.
2.
It is FURTHER ORDERED that the parties shall make a good
faith effort to comply with the following in advance of the hearing:
A. Objector shall file a list of all witnesses to be called at the hearing
and the curriculum vitae and expert report for each expert witness. Any witness not
identified may be precluded from testifying except for good cause shown.
B.
Candidate shall file a list of all witnesses to be called at the hearing
and the curriculum vitae and expert report for each expert witness. Any witness not
identified may be precluded from testifying except for good cause shown.
3.
If signature line challenges are at issue, it is FURTHER
ORDERED that the parties shall make a good faith effort to comply with the
following in advance of the hearing:
A. Objector and Candidate or Candidate’s representative and, if
appropriate, a SURE system operator, shall meet to review each and every challenged
signature line.
identifies:
B. Objector and Candidate shall file a stipulation of the parties that
(a)
the total number of completed signature lines
submitted;
M
(b)
(c)
(d)
(e)
the total number of uncontested signature
lines submitted;
total number of
signature
lines
the
challenged;
each and every signature line to which there
is an objection, identified by page number
and line number, and the basis for the
objection;
each and every signature line to be stricken as
invalid or for which an objection is to be
withdrawn, identified by page number and
line number, if the parties can reach such a
stipulation.
C.
Candidate shall file a list of all signature lines, identified by page
number and line number, that are facially defective and that Candidate intends to
rehabilitate. Candidate shall also state the manner in which Candidate intends to
rehabilitate the signature lines.
4. Objector and Candidate may each file a memorandum of law in
support of their respective positions. No further memoranda will be permitted unless
ordered by the Court.
5. Unless otherwise ordered, the parties shall make a good faith effort
to file all items required or permitted by paragraphs 2, 3 and 4 of this Order no later
than 24 hours in advance of the hearing. Filing may be accomplished by PACFile (the
Pennsylvania appellate court electronic
to
CommCourtFiling@pacourts.us. Parties may not file by facsimile without express
prior permission from the Court.
filing system) or by email
6.
Failure to comply with any provision of this Order may preclude
the noncompliant party from entering any evidence, and may result in the imposition
of monetary sanctions.