N THE COMMONWEALTH COURT OF PENNSYLVANIA AONIR 23 pry 904 In Re: Nomination Petition of : Barry I. McFarland for the Republican Nomination for State Representative From the 37th District of the General Assembly in the Republican Primary of May 18, 2010 Objection of: G, Patrick Stillman No, 186 M.D. 2010 ORDER NOW, March 23, 2010, it appearing that Barry I. McFarland, Candidate for the Republican Nomination for the State Representative from the 37” District of The General Assembly, has withdrawn his nomination petition, the hearing on Objector's petition to set aside nomination petition scheduled for March 23, 2010 at 1:30 p.m., Pennsylvania Judicial Center, Harrisburg, is canceled, The Chief Clerk is directed to mark this matter closed. Senior Judge CCortited from the Reeatel MAR 29 2010 1 ‘and Order ExitIN THE COMMONWEALTH COURT OF PENNSYLVANIA IN RE: NOMINATION PETITION : OF BARRY I. MCFARLAND : FOR THE REPUBLICAN NOMINATION =: NO ble Mb I%/0 FOR STATE REPRESENTATIVE, : ELECTION LAW MATTER FROM THE 37TH DISTRICT OF : ‘THE GENERAL ASSEMBLY IN THE REPUBLICAN PRIMARY OF MAY 18, 2010 AND NOW, this day of + 2010, upon consideration of the Petition to Set Aside the Nomination Petition of Barry 1, McFarland for the Republican Nomination for Staté Representative from the 37th District in the General Assembly for the Primary to be Held on May 18, 2010 (the “Objection” it is ORDERED, that the Objection be, and the same hereby is granted; and it is farther ORDERED, that the Nomination Petition of Barry I. McFarland for theRepublicgn “! Nomination for State Representative fiom the 37th District in the General Assembly.in thé || Republican Primary to be held on May 18, 2010 be, and the same hereby is stricken and set“ aside; and it is further Ete ORDERED, that Department of State is not to place the name of Barry’ the ballot in the Republican Primary. By the Court: rouse92IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN RE: NOMINATION PETITION OF BARRY I. MCFARLAND : ; BLICANNOMINATION : no, 25% MB 00/0 2 ELECTION LAW MATTER FROM THE 37TH DISTRICT OF THE GENERAL ASSEMBLY IN THE REPUBLICAN PRIMARY OF MAY 18, 2010 PETITION TO SET ASIDE THE NOMINATION PETITION OF BARRY I. MCFARLAND FOR THE REPUBLICAN NOMINATION FOR STATE __ REPRESENTATIVE IN THE REPUBLICAN PRIMARY ELECTION TO BE HEBD ON MAY 18, 2010 B78 TO: THE HONORABLE JUDG OF PENNSYLVANIA OF THE COMMONWEALTH COURT Petitioner, G. Patrick Stillman by and through his undersigned counsel, files this, Petition to Set Aside the Nomination Petition of Barry I. MeFarland for the Republican ‘Nomination for State Representative in the Republican Primary of May 18, 2010 (the “Objection”, and in support thereof, respectively represents as follows: INTRODU! ON, PARTIES AND JURISDICTION 1 :, G. Patrick Stillman is duly qualified and validly registered and enrolled electors of the Republican Party in Pennsylvania, and resides at 1505 Newport Road, Manheim, Pennsylvania, in the 37th District for Representative of the General Assembly (the “District”. 2, OnMay 18, 2010, a Primary Election will be held in the Commonwealth of Pennsylvania (the “Primary”), at which Primary, inter alia, registered voters of the Republican Party will be selecting a candidate to be the Party's nominee for State Representative from the District in the General Election to be held on November 2, 2010 (the “General Election”). 3. Barry I McFarland (“McFarland”), who has given his address as 736 Heather Ridge, Manheim, Pennsylvania, filed on or about March 9, 2010, a Nomination Petition seeking to be listed on the Republican Ballot in the Primary as a candidate for State Representative from the District in the General Election (the “Nomination Petition”). 4, The Nomination Petition consists of 12 pages accompanied by a Candidate’s Affidavit. Copies of the Candidate's Affidavit and Nomination Petition are attached hereto as Exhibits “A” and “B", respectively. ‘oost925. The Nomination Petition contains 356 signatures. As detailed below, and on the Exhibits attached to this Objection, there are numerous defects in the signatures as several electors were not entitled to sign the Nomination Petition as they were not registered Republicans, many electors signed another candidate’s petition on the same day and before signing the Nomination Petition, a number of electors did not complete the information on the nomination petition themselves, some incorrectly identify the name of the elector, and at least 2 of the Petitions were eireulated by someone other than the circulator such that the Nomination, Petition is defective and it should be stricken and set aside, 6. This Court has original jurisdiction over this matter purstant fo 42 Pa.C.S. § 764(2) and 25 P.S, § 2937. See also In re Nomination Petition of Dick Vidmer, Candidate for the Democratic Nomination for Representative in the General Assembly from the 26" District, 442. A.2d 1203 (1982). 7. The Pennsylvania Blection Code, which governs the matters covered in this Petition, is found at 25 P.S. §§ 2600 ef seq. (the “Election Code”). OBJECTIONS TO NOMINATION PETITION 8. Pursuant to § 2872.1(14) of the Election Code, a candidate for a political party's nomination for State Representative must submit a nomination petition containing at least 300 valid signatures of registered and enrolled members of the Republican Party from the District. 9. Tr addition, §§ 2868 and 2869 of the Election Code specify the requirements for the circulation and signing of the Nomination Petition and the requisite circulator’ affidavit in order for it to be valid. 10. The Blection Code at § 2937 sets forth the basis upon which a nomination petition can be challenged and contested. See also, Jn re, Nomination Petition of Elliott, 362 A. 2d 438 (Pa. Commw.}, aff'd, 466 Pa, 463, 353 A.2d 446 (1976); In re Nomination Petition of Flaherty, 564 Pa, 671, 770 A. 2d 327 (2001). 11. Petitioner has reviewed the Nomination Petition and based upon such review believes, and therefore avers, that the Nomination Petition is invalid and does not comply with the Election Code and that it should be set aside, A. Objection based upon a failure to obtain at least 300 valid signatures. 12, The total invalid and ineligible signatures in the Nomination Petition, including 1 signature struck by the Department of State, upon the filing of the Nomination Petition, is at Jeast 107. Thus, reducing the total signatures of 356 on the Nomination Petition by invalid and ineligible signatures (107) results in only 249 potentially valid signatures on the Nomination Petition, and this is below the statutory required amount. Because objections overlap, the number of invalid signatures with the objections in Sections B and C below, the number of invalid signatures may be more than 107, further reducing the total of eligible signatures. 1903802 213, Asset forth in Exhibit “C®, 11 electors who purportedly signed McFatland’s nominating Petition were not registered Republicans when they signed the Petition. 14. Asset forth in Exhibit *C”, 2 electors were not registered at the reported address. 15, As set forth in Exhibit “ inconsistent with their registration. electors purportedly signed the Petition in a manner 16. Asset forth in Exhibit *C”, in at Jeast 16 instances information set forth is in the hand other than the signing elector. 17. Asset forth in Exhibit “C”, in at least 58 instances a portion of the information provided by the elector was obscured and revised by a third party 18, Attached hereto as Exhibit “C”, and incorporated herein, is a chart, which describes with particularity and page by page, line by line, those signatures on the Nomination Petition that are being challenged as ineligible pursuant to this Section, The reasons for the challenge of each signature are also set forth on Exhibit “C”, 19. A summary of the reasons for striking as ineligible certain signatures (also as detailed on Exhibit “C”) include: elector not registered (0 vote Republican, incorrect names of electors, duplicate signatures and handwriting of third party/not elector. B, Objection based upon the execution of a false oath by a Circulator of the Nomination Petition. 20. Aszeferenced above, many of the pages of the Nomination Petition, as detailed Exhibit “C” attached hereto, were purportedly circulated by Barry I. McFarland and Joyce McFarland. 21. The Circulator’s Affidavit and § 2869 of the Election Code, specify that: “Every sheet must have the affidavit of the circulator executed after the signatures have been obtained.” 22, nexecuting the sworn Affidavit of Circulator on Page 2 of the Nomination Petition, Joyce MeFarland indicated under oath that she obtained the signatures on the Petition prior to the time the Petition was notarized. 23. Upon information and belief, Petitioner avers that this was a false affidavit and. oath, as she did not circulate Page 2 of the Nomination Petition to all electors who signed the Nomination Petition. Asa result, Joyce McFarland’ affidavit as circulator on this page is a false ‘ath and the signatures on this page should be stricken for this reason, as well as those identified in Exhibit “C”. 24, In addition, page 2, circulated by Joyce McFarland, contains numerous signatures and/or required information thet appears not to have been done in the handwriting of the elector. ‘Asa result, Joyce McFarland’s affidavit as circulator on this page is a false oath and the signatures on this page should be stricken for this reason, as well as those identified on Exhibit yo0se92 3“C> which should be stricken as not being the handwriting of the elector. The total of such invalid signatures is 25. 25. Inexecuting the sworn AMfidavit of Cireulator on Page 8 of the Nomination Petition, Barry 1. MeFarland indicated under oath that he obtained the signatures on the Petition prior to the Petition being notarized, 26. Upon information and belief, Petitioner avers that this was a false affidavit and ‘oath as he did not circulate Page 8 of the Nomination Petition to all electors who signed the Nomination Petition, As a result, Barry I, McFarland’s affidavit as circulator on this Page is a false oath and the signatures on this page should be stricken for this season, as well as those identified on Exhibit “C”. 27. Pages 6,7, 9 and 10, circulated by Barry 1. McFarland, contain numerous signatures and/or required information that appears not to have been done in the handyiting of the elector. Asa result, Barry I, MeFarland’s affidavit as circulator on these pages is a false oath and the signatures on these pages should be stricken for this reason, as well as those identified on Exhibit “C” which should be stricken as not being the handwriting of the elector. The total of such invalid signatures is 11, WHEREFORE, the Petitioners pray that this Honorable Court enter an Order as follows: 1, Setting aside the Nomination Petition of Barry I. McFarland; 2, Declaring that Barry 1. McFarland does not have the requisite valid number of signatures as required under the Election Code to have his name placed on the ballot as a candidate for State Representative from the 37th District in the Republican Primary; 3, Sustaining the objections of the Petitioner to the Nomination Petition; 4, Directing the appropriate officers of the Commonwealth of Pennsylvania to sitike and set aside the Nomination Petition of Barry I, MeFarland and further directing them not fo place Barry T, McFarland’s name on the ballot for the Republican Primary for the office of State Representative from the 37th District; and 5. Granting such other and further relief as this Court deems necessary and just 903892 4VERIFICATION ‘The undersigned, G. Patrick Stillman, is duly qualified, enrolled and a registered elector of the Republican Party of the 37th District of the General Assembly, and does hereby state that, he/she is a Petitioner in the foregoing Petition to Set Aside the Nomination Petition of Barry I. ‘McFarland for the Republican Nomit ion for State Representative from the 37" District in the Republican Primary of May 18, 2010 (the “Objection”), and she verifies the statements made in the foregoing Objection are true and correct to the best of her knowledge, information and belief, ‘The undersigned understands that the statements herein are made subject to the penalties - § 4904 relating to unsworn falsification to authorities GPatrick Stila) 1505 Newport Road Manheim, PA 17545 ro0399.2IN THE COMMONWEALTH COURT OF PENNSYLVANIA. IN RE: NOMINATION PI OF BARRY I. MCFARLAND : FOR THE REPUBLICAN NOMINATION —t NO. FOR STATE REPRESENTATIV! ELECTION LAW MATTER FROM THE 37TH DISTRICT OF : ‘THE GENERAL ASSEMBLY : IN THE REPUBLICAN PRIMARY OF MAY 18, 2010 ON RULE AND NOW, this day of 2010, upon consideration of the Petition to Set Aside the Nomination Petition of Barry I. McFarland for the Republican Nomination for State Representative from the 37th District in the Republican Primary of May 18, 2010 (the “Objection”), a Rule is granted, direoted to Barry I. McFarland (the “Respondent”), requiring Respondent to show cause why the prayer of the Objection should not be granted. Rule retumable the day of. 2008, at m, inthe ___ Room , Pennsylvania. Service of this Rule and the Objection shall be made within __ days upon the Commissioner of the Bureau of Commissions, Elections and Legislation, the Secretary of the Commonwealth and the Respondent by hand delivery or overnight mail. BY THE COURT 7908882 6