Giacobello v. Bd. of Elections Borough of Mount Union

In Giacobello v. Bd. of Elections Borough of Mount Union, 14 Pa. Commw. 376, 322 A.2d 429 (Pa. Cmwlth. 1974), the court strictly enforced the statutory requirements for pursuing a challenge to election returns by a petition to common pleas for a recount. The court ruled that a petition unaccompanied by the requisite verifications of three qualified electors constituted a defect fatal to jurisdiction over the petition and opined as follows: The effect of the type of irregularity which exists in this case was considered in the case of North Union Township Election Case, 250 Pa. 98, 95 A. 421 (1915), in which case one of the persons signing and swearing to the Petition for the contest was not a qualified elector of the election district. The court there held that the Petition was not verified as required by the Act of Assembly, and the Court acquired no jurisdiction of the proceeding, stating that an affidavit of the required number of qualified electors is essentially necessary to give jurisdiction. To conclude otherwise is to re-write a portion of the Statute by the Court and to erode the effect of the statutory provision by an unwarranted invasion by the judiciary into the legislative field. 322 A.2d at 430-31.