Jaspan v. Osser

Summary

The court dismissed an equitable action seeking to prevent certification of John B. Kelly Jr. as a Democratic candidate for Philadelphia councilman-at-large based on alleged lack of residency. It held that the Pennsylvania Election Code provided the exclusive and mandatory procedure for challenging a nomination petition, barring a challenge filed after the statutory deadline, and also concluded that the next-highest vote-getter would not automatically become the nominee if the winning candidate were disqualified.

Holdings

1. The Election Code provides the exclusive procedure for attacking a nomination petition, and a challenge filed after the seven-day statutory period is barred, even when fraud or candidate ineligibility is alleged.
2. A candidate receiving the next-highest number of votes is not automatically elected merely because the candidate receiving the highest number of votes is disqualified.

Questions Presented

1. Whether the Pennsylvania Election Code provides the exclusive method for challenging a candidate's nomination petition and thereby bars an equitable challenge filed after the statutory objection deadline.
2. Whether a candidate who receives the next-highest number of votes is automatically entitled to election if the winning candidate is disqualified.

Disposition

dismissed