In re Jordan, 56 MAP 2022

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtPER CURIAM.
Parties IN RE: Nomination Petition of Robert JORDAN as Republican Candidate for State Representative from the 165th Legislative District Appeal of: Fred Runge, Objector
Docket Number56 MAP 2022
Decision Date19 April 2022

272 A.3d 1293 (Mem)

IN RE: Nomination Petition of Robert JORDAN as Republican Candidate for State Representative from the 165th Legislative District

Appeal of: Fred Runge, Objector

No. 56 MAP 2022

Supreme Court of Pennsylvania.

Submitted: April 16, 2022
April 19, 2022


Kathleen Marie Kotula, Esq., Pennsylvania Department of State, Pro Se

Peter Poggi Elliot, Esq., Kevin Michael Greenberg, Esq., Philadelphia, PA, Greenberg Traurig, LLP, for Appellant Fred Runge

Leonard Bartholomew Altieri III, Esq., Michael Vincent Puppio Jr., Esq., Media, PA, Raffaele & Puppio, LLP, for Appellee Robert Jordan

ORDER

PER CURIAM

AND NOW, this 19th day of April, 2022, the Court having determined that nomination challenges predicated upon allegations that a candidate for a seat in the General Assembly cannot meet the qualification requirements set forth in Article II, Section 5 of the Pennsylvania Constitution1 are justiciable under Section 977 of the Election Code of 1937,2 the order of the Commonwealth Court dismissing Objector-Appellant's petition to set aside the nomination petition of Robert Jordan for want of subject matter jurisdiction is REVERSED .

Based upon the stipulated facts of record, the Court finds by a preponderance of

272 A.3d 1294

the evidence that Robert Jordan will not have been an inhabitant of the 165th Legislative District for at least one year prior to the November 8, 2022 general election. Accordingly, the Secretary of the Commonwealth is directed to remove his name from the Republican primary ballot for state Representative from that district.

Opinions to follow.

Justice Brobson notes his dissent.

Justice Mundy did not participate in the consideration or decision of this matter.

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Notes:

1 Article II, Section 5 provides:

Senators shall be at least 25 years of age and Representatives 21 years of age. They shall have been citizens and inhabitants of the State four years, and inhabitants of their respective districts one year next
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