Should The Nomination Papers Of A Candidate Be Rejected If He Has Actually Participated In The Primary Election In Which He Seeks Ballot Position ?
In Baronett v. Tucker, 26 Pa. Commw. 559, 365 A.2d 179 (Pa. Cmwlth. 1976), the candidate lost in the Democratic primary for Representative in the General Assembly.
He then submitted nomination papers placing his name on the ballot for the general election as the nominee of the Federalist body for the same office.
Based on Section 976 of the Election Code, the Court held that he was barred from filing nomination papers because he had actually participated in a primary election preceding the general election in which he sought a ballot position.
The Court went on to state:
We believe, therefore, that Section 976 of the Code, 25 P.S. 2936, requires the Secretary to reject the nomination paper of any candidate who has filed a petition for, or who has actually participated in, that primary election in which he seeks a ballot position. Baronett, 365 A.2d at 181.