In re: Charles Alexander, Pro Se, and Carris Kocher, Pro Se, Gregory Stenstrom, Pro Se, and John Proctor Child v. Delaware County Board of Elections, et al.

Alexander v. Delaware County Board of Elections · Supreme Court of Pennsylvania, Middle District · May 1, 2025 · No. 49 MM 2025

Summary

The Supreme Court of Pennsylvania denied an emergency application challenging the validity of an earlier unsigned per curiam order denying election-related relief. The Court explained that a per curiam ruling represents the collective judgment of the participating Justices and that the Prothonotary’s certification of a true copy is ministerial rather than a substantive decision. The Court dismissed a related reconsideration and clarification application as moot and warned that further frivolous filings could result in sanctions or filing restrictions.

Holdings

  1. A per curiam ruling of the Supreme Court of Pennsylvania is not invalid merely because it is unsigned by an individual Justice; the ruling is institutional and represents the collective judgment of the participating appellate judges.
  2. The Prothonotary's Office and its employees do not decide petitions on behalf of the Supreme Court; their stamping or signing of an order as a true copy is a ministerial certification and does not affect the merits or validity of the Court's decision.
  3. The Emergency Application for Relief to Strike Unlawful Per Curiam Denial was properly denied because the challenge was frivolous, and the Emergency Application for Reconsideration and Clarification was properly dismissed as moot.

Questions Presented

  1. Whether an unsigned per curiam order of the Supreme Court of Pennsylvania is invalid or ultra vires because it is not signed by an individual Justice.
  2. Whether certification of a per curiam order as a true copy by the Prothonotary's Office indicates that the Prothonotary or its employees decided the matter.
  3. Whether the applicant was entitled to relief striking the prior per curiam denial or reconsidering and clarifying that denial.

Disposition

other

Cases Cited (1)

  • Commonwealth v. Tilghman, 673 A.2d 898 (Pa. 1996)(followed)

Cited In (0)

No citing cases on record yet.

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