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Altmire Petition Challenge

Altmire Petition Challenge

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Published by: tmcnulty8452 on Feb 22, 2012
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02/22/2012

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1Scott A. Caulfield, EsquirePennsylvania I.D. No. 947841523D High Pointe DriveHarrisburg, PA 17110 ph: (717) 512-8928fax: (717) 828-1177scott@capitalprinciples.com 
IN THE COMMONWEALTH COURT OF PENNSYLVANIAIN RE: NOMINATION PETITION OFJASON ALTMIRE AS A CANDIDATEFOR THE DEMOCRATICNOMINATION FOR REPRESENTATIVE IN THE UNITEDSTATES CONGRESS FOR THETWELFTH CONGRESSIONALDISTRICT OF PENNSYLVANIAIN THE COMMONWEALTH COURTOF PENNSYLVANIANo. C.D. 2012Objection of Richard D. Akers, JimBeckwith, Debra K. DeBiase, and CarolA. Crookston, Petitioner-ObjectorsPETITION TO SET ASIDE NOMINATION PETITION OF JASON ALTMIRETO: THE HONORABLE JUDGES OF THECOMMONWEALTH COURT OF PENNSYLVANIA
Petitioner-Objectors, by and through their undersigned counsel, file this Petitionto Set Aside the Nomination Petition of Jason Altmire for the Democratic nomination for Representative in the United States Congress for the Twelfth Congressional District of Pennsylvania, and further request this Honorable Court direct appropriate officers of theCommonwealth of Pennsylvania, and its political subdivisions, to omit the name of JasonAltmire from the Democratic ballot for Representative in the United States Congress for theTwelfth Congressional District of Pennsylvania in the primary election occurring April 24, 2012.In support thereof, Petitioner-Objectors respectfully represent as follows:
 
2
Parties and Standing of Petitioner-Objectors
1.
 
Petitioner-Objector Richard D. Akers, 442 Bob Street, Johnstown, Pennsylvania15904, in the Township of Richland, County of Cambria, Commonwealth of Pennsylvania(hereafter, “Akers”) is a registered and enrolled member of the Democratic Party in the TwelfthCongressional District of Pennsylvania. As such, Petitioner-Objector Akers has a direct andsubstantial interest in the conduct of, and compliance with the election laws concerning, theApril 24, 2012 primary election for the Democratic nomination for Representative in the UnitedStates Congress for the Twelfth Congressional District of Pennsylvania. Therefore, Petitioner-Objector Akers has a direct and substantial interest in the success of this Petition.
See generally
,
 In Re: Barlip
, 428 A.2d 1058, 1060 (Pa. Cmnwlth.1981).
 
2.
 
Petitioner-Objector Jim Beckwith, 153 Rolling Hills Road, Johnstown,Pennsylvania, 15905, in the Township of Upper Yoder, County of Cambria, Commonwealth of Pennsylvania (hereafter, “Beckwith”) is a registered and enrolled member of the DemocraticParty in the Twelfth Congressional District of Pennsylvania. As such, Petitioner-Objector Beckwith has a direct and substantial interest in the conduct of, and compliance with the electionlaws concerning, the April 24, 2012 primary election for the Democratic nomination for Representative in the United States Congress for the Twelfth Congressional District of Pennsylvania. Therefore, Petitioner-Objector Beckwith has a direct and substantial interest inthe success of this Petition.
 Id.
 
3.
 
Petitioner-Objector Debra K. DeBiase, 1716 Fern Avenue, Windber,Pennsylvania 15963, in the Township of Paint, County of Somerset, Commonwealth of Pennsylvania (hereafter, “DeBiase”) is a registered and enrolled member of the Democratic Partyin the Twelfth Congressional District of Pennsylvania. As such, Petitioner-Objector DeBiase hasa direct and substantial interest in the conduct of, and compliance with the election lawsconcerning, the April 24, 2012 primary election for the Democratic nomination for Representative in the United States Congress for the Twelfth Congressional District of Pennsylvania. Therefore, Petitioner-Objector DeBiase has a direct and substantial interest in thesuccess of this Petition.
 Id.
 4.
 
Petitioner-Objector Carol A. Crookston, 110 Alberta Avenue, Johnstown,Pennsylvania 15905, in the Township of Upper Yoder, County of Cambria, Commonwealth of Pennsylvania (hereafter, “Crookston”) is a registered and enrolled member of the Democratic
 
3Party in the Twelfth Congressional District of Pennsylvania. As such, Petitioner-Objector Crookston has a direct and substantial interest in the conduct of, and compliance with theelection laws concerning, the April 24, 2012 primary election for the Democratic nomination for Representative in the United States Congress for the Twelfth Congressional District of Pennsylvania. Therefore, Petitioner-Objector Crookston has a direct and substantial interest inthe success of this Petition.
 Id.
 Jurisdiction
5.
 
The Commonwealth Court of Pennsylvania has original jurisdiction over thiselection matter pursuant to 42 Pa.C.S. § 764 and 25 P.S. § 2937.6.
 
The act of June 3, 1937 (P.L. 1333, No. 320), as amended, known as thePennsylvania Election Code (25 P.S. § 2600
et seq
.) (hereafter, the “Election Code”), and caselaw decided pursuant thereto, govern disposition of matters addressed by this Petition.
 Process of Qualifying for Primary Election Ballot
7.
 
The Commonwealth of Pennsylvania will conduct a primary election on April 24,2012 (hereafter, the “Primary Election”).
 
8.
 
Pursuant to the Election Code, a person seeking to have his or her name listed onthe Primary Election ballot as a candidate for a political party’s nomination for Representative inthe United States Congress must submit a nomination petition containing the valid signatures of at least 1,000 registered and enrolled members of the applicable political party in thecongressional district sought.
See
25 P.S. § 2872.1(12).
 
9.
 
Circulation of a nomination petition was limited to a period commencing onJanuary 24, 2012 and ending on February 14, 2012.
See
25 P.S. § 2868.
 
10.
 
Such nomination petitions were required to be filed with the Secretary of theCommonwealth of Pennsylvania by no later than February 14, 2012.
See
25 P.S. § 2873.
 
11.
 
Each individual and numbered page of a nomination petition (hereafter,“Signature Page”) is comprised of two sides containing fifty (50) designated lines requiring:valid signatures to include a signature of the elector; printed name of the elector;, place of residence of the elector (
i.e.
, house number, street or road, city, borough or township), and dateof signing by the elector.
See
25 P.S. § 2868.
 

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