United States Third Circuit

In a challenge to the constitutionality of two provisions of Pennsylvania's election code, 25 Pa. Stat. Ann. sections 2911(b) and 2937, which regulate the number of signatures required to attain a position on the general election ballot and govern the process by which private individuals can sue in the Pennsylvania Commonwealth Court to challenge the validity of a candidate’s nomination paper or petition, the District Court's judgment that the two statutory provisions violated plaintiffs' First and Fourteenth Amendment rights is affirmed over the Government's meritless arguments that: 1) neither state official sued here has a sufficient connection to the challenged code provisions to be a proper defendant; and 2) that the District Court's order was 'incoherent on its face,' and thus provided no practical benefit to the plaintiffs.

Appellate Information

• Published 2016/06/02

Judges

• SMITH

Court

• United States Third Circuit

Counsel