Opinion

In Re Nomination Paper of Nader

  • 588 Pa. 450
  • 905 A.2d 450
Court
Supreme Court of Pennsylvania
Filed
Aug 22, 2006
Status
Published
Author
Eakin
On the bench
Cappy, C.J., and Castille, Newman, Saylor, Eakin, Baer and Baldwin
Cited by
19 cases
Authority
More cited than 9.8%

finding statute placing restrictions on candidates’ eligibility was an “eminently reasonable” regulation which was rationally related to the Commonwealth’s interest in ensuring honest and fair elections

How later courts described this case

  • finding statute placing restrictions on candidates’ eligibility was an “eminently reasonable” regulation which was rationally related to the Commonwealth’s interest in ensuring honest and fair elections
  • "The fact that Appellees in the instant matter agreed that the Order was appealable cannot confer jurisdiction on the Court if it is otherwise lacking.”
  • order “which established the amount that the Appellants were required to pay [] ended the litigation and is a final order from which an appeal was permitted”
  • court's exercise of discretion justified under factual circumstances

Written by the judges who cited it.

The opinion

Justice EAKIN,

concurring and dissenting.

I agree with Mr. Justice Saylor’s analysis of 25 P.S. § 2937; however, I write separately to note certain costs the Commonwealth Court ordered appellants to pay may have been awarded under separate authority.

The Commonwealth Court’s October 14, 2004 order required appellants to pay transcription and stenography costs, but did not cite any authority for that charge. The court did not write an opinion explaining its rationale. The Commonwealth Court’s January 14, 2005 order directed appellants to pay $81,102.19 in total costs and likewise omitted any citation to authority or opinion explaining its rationale. As the majority notes, a bill of costs submitted to the Commonwealth Court identified $42,835.19 of the total amount as costs of court reporter appearances, transcription of proceedings, and transcripts. Majority Slip Op., at 7 (citing Appellees’ Reproduced Record, 17 MAP 2005, Petitioners’ Bill of Costs, II. “Itemized Listing of Costs.”). The costs imposed for handwriting expert witnesses totaled $38,267.00. Id.

While § 2937 cannot provide the basis for the January 14, 2005 order, the court could have levied the $42,835.19 in costs under § 322 of its Internal Operating Procedures. 1 However, there is no alternate provision authorizing the imposition of expert witness fees in this instance; 2 thus, the Commonwealth Court lacked authority to charge appellants for the $38,267.00 in expert witness costs. Accordingly, I would affirm the January 14, 2005 order to the extent it awarded $42,835.19 in *468 costs, and I would reverse it to the extent it awarded an additional $38,267.00 in costs.

. Section 322 provides in relevant part, "In any proceeding where a stenographer is present, the presiding judge or duty judge shall, incident to the disposition of the proceeding, provide by order for the allocation of the costs for the stenographer. Such costs normally include the appearance fee and the cost for the transcription of the notes of testimony .42 Pa.C.S. § 322.

. The rules of civil procedure are not applicable to a challenge to a nomination petition or paper. In re Nomination Petition of Johnson, 509 Pa. 347 , 502 A.2d 142, 145 (1985).

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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