Magazzu Election Case
| Decision Date | 08 November 1946 |
| Docket Number | 3611 |
| Citation | 355 Pa. 196,49 A.2d 411 |
| Parties | Magazzu Election Case |
| Court | Pennsylvania Supreme Court |
Argued October 4, 1946
Appeal, No. 212, Jan. T., 1946, from judgment of C.P Luzerne Co., Oct. T., 1946, No. 97, in re Appeal of Pietro A Magazzu. Judgment affirmed.
Appeal by candidate from action of County Board of Elections in certifying election of opponent.
Order entered sustaining appeal and directing certification of candidate, before APONICK, FARRELL and FLANNERY, JJ., opinion by APONICK, J. Opponent appealed.
Judgment affirmed.
John H. Bigelow , with him Conrad A. Falvello , for appellant.
James Lenahan Brown , with him James P. Costello, Jr ., for appellee.
Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.
The question is whether under the Election Code of 1937 a candidate may receive a nomination by more than one political party. Stated more specifically: is a candidate who had filed nominating petitions as a member of one party ineligible to receive the nomination of another party for the same office by "write-in" or legal ballots or votes?
Pietro A. Magazzu was a candidate for the office of representative in the General Asembly upon the Republican ticket. He was defeated for the nomination by another candidate. Milo B. Serfas was the only candidate on the Democratic ticket. When the votes were counted, Magazzu's name had been written or stamped upon the voting machine paper ballot in sufficient numbers to cause Magazzu to receive a substantial majority of the Democratic votes. The County Board of Elections refused to certify Magazzu as the nominee of the Democratic party, but named Serfas. The court below reversed. This appeal followed.
The provisions in the acts against filing nominating petitions of more than one political party for the same office is popularly known as "Anti-Party Raiding Legislation". The obvious purpose was to avoid the practice of one political faction dominating both political parties in the primaries. What the statutes forbid is for a candidate to file petitions of more than one political party for the same office and the printing of the name of a candidate of more than one political party. Nowhere in the act, or its amendments, is there a prohibition against a voter writing in or pasting in the name of a person for whom he desires to vote if such name is not printed on the ballot of the political party of which the voter is a member.
Section 1216, subdivision (e) of the Pennsylvania Election Code of June 3, 1937, P.L. 1333, 25 P.S. 3056(e) reads as follows: "A voter may, at any primary or election, vote for any person for any office, for which office his name does not appear upon the voting machine as a candidate, by an irregular ballot containing the name of such person deposited, written or affixed in or upon the appropriate receptacle or device provided in or on the machine for that purpose, and in no other manner...."
These provisions were first enacted by section 8 of the Act of 1913, P.L. 719, as amended by the Act of 1935, P.L. 337, section 2. Ct. opinions of Judge WHITTEN in Pustel's Petition , 24 D. & C. 346, and Judge MacDADE in Chester Primary Election , 32 Delaware County Reports 424.
That the enactment contemplated a possible nomination by more than one party by the use of "write-in" ballots seems most apparent. See section 1003 (d) (25 P.S. 2963) and section...
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