# Kuznik v. Westmoreland County Board of Commissioners

> Supreme Court of Pennsylvania · July 20, 2006 · 588 Pa. 95

URL: https://www.frixlaw.com/law-library/cases/4962603

## Case

- **Full name:** Mary Beth KUZNIK, Jim Ferlo, Sallie W. Bradley, Merle L. Kuznik, Clare Vaill, Timothy Krupar, William P. Kuznik, Jeffrey Hails, John W. Hetler, Charlene May Hetler, and Matthew Hetler v. WESTMORELAND COUNTY BOARD OF COMMISSIONERS, Westmoreland County Board of Elections and Pedro A. Coréts, Secretary of the Commonwealth, Appeal of Pedro A. Cortés
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 20, 2006
- **Citations:** 588 Pa. 95; 902 A.2d 476; 2006 Pa. LEXIS 1302
- **Precedential status:** Published
- **Opinion:** Concurrence by Castille
- **Judges:** Baer, Baldwin, Cappy, Castille, Eakin, Files, Newman, Saylor
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4962603

## How later opinions describe it (automated extraction)

- recognizing witness testimony as to - 23 - J-A22033-20 statement made by third party as an excited utterance and exception to the hearsay rule
- noting that Article VII, § 6, "speaks of uniformity with respect to the laws that regulate elections"

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4962603. Public record. Not legal advice.