In re Nomination Petition of Emenheiser, 032106 PACCA, 99 MD 2006

Docket Nº:99 MD 2006
Party Name:In re Nomination Petition of Emenheiser
Case Date:March 21, 2006
Court:Court of Appeals of Pennsylvania

In the Matter of the Nomination Petition of Karen Emenheiser as a Republican Candidate for Representative in the General assembly form the 95th Legislative District

Larry D. Homsher and Mary A. Homsher, Petitioners

No. 99 M.D. 2006

Court of Appeals of Pennsylvania

March 21, 2006

Heard: March 20, 2006:


AND NOW, this 13th day of April, 2006, the opinion filed March 21, 2006, in the above-captioned matter shall be designated Opinion rather than Memorandum Opinion, and it shall be reported.




Larry D. Homsher and Mary A. Homsher (Objectors) petition this Court to set aside the nomination petition (Petition) of Karen Emenheiser (Candidate), Republican candidate for the office of Representative in the General Assembly (State Representative) from the 95th Legislative District of Pennsylvania. Because Objectors failed to serve in a timely manner, we dismiss Objectors’ petition to set aside.

Candidate timely filed with the Secretary of the Commonwealth, Bureau of Elections sixteen pages of signatures clipped together, numbered “1” through “16”, as her Petition in support of her candidacy. As required by the Election Code, the Secretary reviewed the Petition and marked off various signature lines that were incomplete, and then accepted the Petition for the Candidate to have her name placed on the ballot for State Representative.1

Section 912.1(14) of the Election Code, 25 P.S. § 2872.1(14), requires that Candidates for nomination for State Representative shall present at least 300 valid signatures of registered and enrolled members of the Candidate’s party in order to be placed on the ballot for the ensuing primary. Here, Candidate has obtained approximately 446 signatures. (Petition at p. 4.) Objectors raised 305 total objections (some signatures are subject to multiple objections) in a Petition to Set Aside Nomination Petition (Set Aside Petition).

Objectors served the Secretary of the Commonwealth of Pennsylvania (Secretary) with the Petition and a copy of the Order scheduling a hearing on the matter for March 20, 2006, by certified letter. The letter was sent March 14, 2006 (Exhibit 1A) and was stamped asRECEIVED by the Office of the Secretary on March 16, 2006. (Exhibits 1A and 1B.) The last day to file the petition with...

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