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  • In Re Nomination Papers of Sherrie Cohen (Commonwealth Court)

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    16-page opinion by Judge Wojcik affirming the Court of Common Pleas decision that the Pennsylvania Election Code's "sore loser" provision bars Cohen's candidacy for Council At-Large.

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    In re Nomination Papers of Sherrie Cohen (Commonwealth Court)

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    16-page opinion by Judge Wojcik affirming the Court of Common Pleas decision that the Pennsylvania Election Code's "sore loser" provision bars Cohen's candidacy for Council At-Large.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    44 views16 pages

    In Re Nomination Papers of Sherrie Cohen (Commonwealth Court)

    Uploaded by

    acbonin2712
    16-page opinion by Judge Wojcik affirming the Court of Common Pleas decision that the Pennsylvania Election Code's "sore loser" provision bars Cohen's candidacy for Council At-Large.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
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    IN THE COMMONWEALTH COURT OF PENNSYLVANIA, In Re: Nomination Papers of Sherrie Cohen as Candidate for the Office of Philadelphia No. 1157 C.D. 2019 City Council-at-Large No. 1158 CD. 2019 ‘Appeal of: Sherrie Cohen Submitted: August 29, 2019 BEFORE: HONORABLE MICHAEL H. WOICIK, Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE WOICIK FILED: September 5, 2019 Sherrie Cohen (Candidate) appeals the order of the Philadelphia County Court of Common Pleas (trial court), which granted the petitions of Christopher M. Vogler and Deja Lynn Alvarez (collectively, Objectors)! to set aside Candidate's nomins n papers as a candidate of the “A Better Council” Party® for an at-large seat on the Philadelphia City Council in the November 5, * this undisputed that Objectors are qualified electors in the relevant election district. As ‘result, they each have standing to file the within objections to Candidate's nomination papers. ‘See, e., Constitution Party of Pennsylvania v, Cortes, 116 F. Supp.3d 486, 491 (M.D. Pa 2015), aff'd, 824 F.3d 386 (3d Cir 2016) (*LAlay registered voter in the Commonwealth, regardless of party affiliation, may challenge the nomination paper of a non-mgjor party ‘candidate seeking a place on the general election ballot. Cf Jn re Barlip, [428 A.2d 1038, 1060, (Pa, Cmovith. 1981)} [I]t is clear that any person who is registered to vote in a particular lection has a substantial interest in obtaining compliance with the election laws by any ‘candidate for whom that elector may vote in that election, and such electors thetefore have standing to challenge the nominating petitions of those eandidates.).”) * Seetion 801() and (c) of the Pennsylvania Blection Code (Election Code), Act of June 3, 1937, PLL. 1333, as amended, 25 PS, §2831(b) and (c, states (Footnote continued on next page...) 2019 Municipal Election and removed Candidate's name from the ballot. We affirm, On August 1, 2019, Candidate filed with the Philadelphia County Board of Elections (Board) nomination papers to appear on the November 5, 2019 Municipal Election ballot as a candidate of the “A Better Council” Party for an at- large seat on the Philadelphia City Council.’ On August 7, 2019, Objector Alvarez filed the petition to set aside Candidate's nomination papers, generically alleging that “the Candidate's Nomination Papers ... wfere] improperly filed [and] therefore fail to conform to the Requirements of the Election Code, and must be set (continued...) (b) Any party or political body, one of whose candidates at either the general or municipal election preceding the primary polled at least five per centum of the largest entre vote cast for any elected candidate in any county, is hereby declared to be a political party within said county; and shall nominate all its candidates for office in such county and in all politcal districts within sid county, or of hich said county forms a part, and shall elect such pany officers a its rules provide shall be elected therein, by a vote of the party

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