Opinion

Perles v. Northumberland County Return Board

  • 415 Pa. 154
  • 202 A.2d 538
  • 1964 Pa. LEXIS 436
Court
Supreme Court of Pennsylvania
Filed
Jul 21, 1964
Status
Published
Author
Eagen
On the bench
Bell, Jones, Cohen, Eagen, O'Brien, Roberts
Cited by
18 cases

holding that “[t]he counting of [] absentee ballots” constituted the board of elections’ “order” for purposes of the Section 1407(a) appeal period

How later courts described this case

  • holding that “[t]he counting of [] absentee ballots” constituted the board of elections’ “order” for purposes of the Section 1407(a) appeal period
  • affirming the lower court’s decision to count all of the absentee votes even though some but not all of the absentee votes might have been invalid
  • “The power to throw out a ballot ... must be exercised very sparingly and with the idea in mind that ... a group of voters are not to be disfranchised at an election except for compelling reasons.”
  • "The disenfranchisement of even one person validly exercising his right to vote is an extremely serious matter.”

Written by the judges who cited it.

The opinion

Concurring Opinion by

Mr. Justice Eagen:

Since the election involved occurred prior to the effective date of the Act of August 13, 1963, P. L. 707, No. 379, 25 P.S. §3146.8 (Supp. 1963), the scope of our review on this appeal is very narrow and limited. *160 We may not inquire into the validity of the ballots involved. Legally, therefore, the result reached in the majority opinion is correct and inescapable.

Albeit, the case presents implications which should not go unnoticed. Serious irregularities in the casting of a large number of absentee ballots are clearly evident which give strong indication that this election may well have been stolen. It is a matter which demands the earnest attention of the law enforcement agencies in order that it shall not happen again and the will of the electorate thwarted by unscrupulous individuals charged with the responsibility of supervising the election machinery.

To me, dishonest and fraudulent election practices smell just as noxious whether they emanate from one area or another.

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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