Motion for Injunctive Relief Seeking to Have Statutes Declared Unconstitutional
In Butcher v. Trimarchi, 28 Pa. D. & C.2d 537 (1962), the plaintiffs filed a motion for injunctive relief seeking to have statutes pertaining to senatorial and representative districts declared unconstitutional.
The Court of Common Pleas of Dauphin County, sitting as the Commonwealth Court, opined that relief sought would result in stopping the election machinery, and would deny the electorate the right to vote for those persons who were duly nominated in the primary election.
The court further posited, "it would be improper to invalidate a primary election when that machinery has been lawfully and faithfully complied with." Id., 28 Pa. D. & C.2d at 542.
Where the people nominated their candidates in accordance with the requirements of the Election Code, an injunction preventing the electorate from exercising its will would be of "very questionable validity." Id.
The Court held that "to negate the will of the electorate by judicial fiat" and effectuating "any course of action in the time that is allowed between now and the November election would be fraught with difficulty and undue haste." Id.