Opinion

Kuznik v. Westmoreland County Board of Commissioners

  • 588 Pa. 95
  • 902 A.2d 476
  • 2006 Pa. LEXIS 1302
Court
Supreme Court of Pennsylvania
Filed
Jul 20, 2006
Status
Published
Author
Castille
On the bench
Baer, Baldwin, Cappy, Castille, Eakin, Files, Newman, Saylor
Cited by
29 cases

recognizing witness testimony as to - 23 - J-A22033-20 statement made by third party as an excited utterance and exception to the hearsay rule

How later courts described this case

  • recognizing witness testimony as to - 23 - J-A22033-20 statement made by third party as an excited utterance and exception to the hearsay rule
  • “There are no provisions in our Election Code for separating the elections for federal offices from the elections for state and local offices.”
  • noting that Article VII, § 6, "speaks of uniformity with respect to the laws that regulate elections"
  • the Election Code provides a unitary election system for federal and state" offices and procedures for voting in state elections are to conform to federal- requirements in order .to prevent separate federal and state voting systems

Written by the judges who cited it.

The opinion

Justice CASTILLE

concurring.

I agree that the Help America Vote Act, 42 U.S.C. §§ 15301-15545 , preempts the referendum requirement in the Pennsylvania Election Code, Section 1102, 25 P.S. *509 § 3002, and therefore I concur in the result of the Majority Opinion.

Justice EAKIN and Justice BALDWIN join this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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