In re Nomination Petition of Mark LaVelle for the Democratic Party Nomination for Representative in the General Assembly from the 177th Legislative District in the May 19, 2026 Primary Election; Appeal of Mark LaVelle

Summary

Justice Brobson concurred in the Pennsylvania Supreme Court's per curiam order affirming the Commonwealth Court's decision concerning Mark LaVelle's nomination petition. Although the concurrence questioned whether the Commonwealth Court's standing order provided adequate notice under Section 977 of the Pennsylvania Election Code, it concluded that remand would be futile because the parties stipulated that LaVelle lacked the required 300 valid signatures.

Holdings

1. Even if the candidate received inadequate notice, the remedy would be a new hearing after adequate notice, not dismissal of the petition.
2. Remand would have been futile because LaVelle stipulated that 106 of his 382 submitted signature lines were invalid, leaving him below the 300 valid signatures required for ballot access.

Questions Presented

1. Whether the Commonwealth Court's standing order providing notice through publication of a petition on its publicly accessible website complied with Section 977 of the Pennsylvania Election Code.
2. If notice was inadequate, whether the petition to set aside LaVelle's nomination petition should be dismissed or instead remanded for a new hearing after adequate notice.
3. Whether remand was warranted where LaVelle stipulated that he lacked the 300 valid signatures required for ballot access.

Disposition

affirmed