In re: Nomination Petition of Martin B. Flynn a/k/a Marty Flynn, Candidate for Senator in the General Assembly, 22nd Senatorial District, Primary Election to be held May 19, 2026; Objection of Lawrence S. Sparano

Summary

The Commonwealth Court of Pennsylvania dismissed Lawrence S. Sparano’s objection to Martin B. Flynn’s nomination petition for the Democratic nomination for State Senator in the 22nd Senatorial District. The court held that the objection was not timely served on the Secretary of the Commonwealth as required by Section 977 of the Pennsylvania Election Code, notwithstanding electronic notice through PACFile. The court directed that Flynn remain on the ballot and canceled the scheduled hearing.

Holdings

1. A petition to set aside a nomination petition must be both timely filed with the court and timely served on the Secretary of the Commonwealth; failure to timely serve the Secretary requires dismissal even when the petition was timely filed.
2. Electronic service through PACFile is insufficient to satisfy Section 977's service requirement in these circumstances.

Questions Presented

1. Whether an objection to a nomination petition must be served on the Secretary of the Commonwealth within the statutory period established by Section 977 of the Election Code.
2. Whether electronic transmission through PACFile constitutes timely service on the Secretary when the Election Code does not specify electronic service as an authorized method.

Disposition

dismissed