HomeMy WebLinkAboutCOMM - Meeting Minutes - 332 - 4-1-1963 - COMMISSIONER448
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
FRANcis E. PETTIT, J. BLATCH CUMMINS, JOHN MAZZA, COMMISSIONERS
Board of Elections s and requested an immediate docisionen the finality and legality of the
nomination papers which he and Frank Jews filed on March 27tho After considering this petition.,
the Board of Commissioners asked that the Solicitor investigate the matter and render a decision
to the Board at lOzOO au,, April ls, 1963, at which time the Bounty Commissioners will take
action if any be requested.
Notion by Mr. C=iminss seconded by Mr. Masses that the City Solicitor be
authorized to make an investigation and decision regarding the above mentioned petition*
Notion carried unanimously,
Motion by Mr. X&zrAs seconded by Mr, Cummins, that the meeting be recessed
until Monday, April 1, 1963, at 10 &out
Motion carried unanimouslyi,
THE FOUGOING XMM FdIAD AID APPROVED:
May 31s 1963 -
ATTESTt� r �. --74
MD. 332
Offloo of the County Commissioners
V=h1ftt4n* Foos April ls 1963
The meeting of the Washington County Election Board, rooessed from Fridays
March 29s 1963j, was hold at 1000 aenos today, with the following present: Louis I. Quail,
Chief Clerk of Elections Department; Attorney George B. Stogeops counsel for Mike Paakrall;
Commissioner Pettit., Commissioner Cummins, Commissioner Massa, County Solicitor Hormalls Nike
Packrall, newspapermen John Crouse, Alm Stath"s and August L. Sismondes Tax Claim Department
Solicitor*
Her"llt The first thing was a notion by 1b. Massa# sociandeId by Mr* Cummings appoint-
ing no as acting secretary of the Election Board for the purpose of this hearing.
Tho notion was passed unantuously,
Mr. Pettits on Fridays yen requested that I go into the matter that Mr.
Packrall raised.
Fackrall: Pardon me — Mike Packralls bocam" I hare a brother.
Hormoll: Is it Mike or Michael?
Packrallt Mike*
Hormollt That is Mr. Nike Packrall.
Hormol.lt You will recall that he and a Mr* Frank Jones presented what are known as
nomination papers to the Election Board on Wedne*41*ys March 27, 1963s "eking to have he and
Mr. Jones named as candidates in the onsuinc fall election, under the auspices of a political bodjr
known an the Good Government Body* Pursuant to your requests I have gone Into this request In
considerable details and I would like to go ever it for you.
First of all.. as to the authority of the Election Board to exandm such
a paper* This is to be found in 25 P.-S. 2936# if yow we ixtoxosted, Yr. Stogena. This
P�
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soct4on of the statute sets forth 'these matters md tbom things to be considered and also sets
forth curtain provisions Which Would prevent a nomizatIon petition or, nemination paper from
MINUTE L300K
BOARD OF COUNTY COMMISSIONERS WASHIN13TON COUNTY, PENNSYLVANIA
FRANCIS E. PETTIT, J. BLATCH CUMMINS, JOHN MAZZA, COMMISSIONERS
1 being acoepted but the thing I to gall is
s your attoxti+em art 'irinis point is that sootier is
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this statemat. This section states that we we entitled to a ressemeble time in which to
examine the papers, to smrwen the oamudates, to interrelate time candidatos, to names the
people who suit the papers, to interrogate thoaa, and that our retention of the pars for this
purpose shall not be construed air aoceptanco for filing, -I3r. Paokra3.1, do you have yearn receipt
with yru?
laokralls lea seam the fill" fee that I paid?
Norwell, The receipt that you showed as last F ridayi
(Nrs Mike Padwall produces receipt).
It's Conn doxiosors, this receipt contains the normal. 4tatawnt that is on all receipts, *subject
to an A*/or interrodati.en". In addition,. this receipt contains this statement that
was pat on here by Mr, quail at mW direction. Mled and taken'ua dw fvrther advisesa+nt". Than
were several reasons for this and several reasons when I told Nr* qua31 to isako the receipt that
wWpr. Those papers raise soma questions, Ohs question is raised by motion 29119 sal«section e..5,
This section requires that any such paper, or petitien, contain an aSadavi,t, and that that
affadavit meat state that Mr. Mike Packrall's now has not boon present" as a candidate by
nsedatation petitionns, end than Section 29369, which I an referring to, the poser of the board to
examine these papers, contains a siad tar statament, which says that Nr. dike Packrall mast file
an affidavit which states, amens other things, that he has not "filed a mKination petition". In
View of the fact that it is a batter of pubUc knowledge that Mr. Packrall Mad a petition for
County ConalAsiebor on the Denearat t3eket— and Treasurer, too, Dios?
Pagkralls leas.
Non"Ilt And Treasurer,, too, this raises the question n as to whother or not, when he signed
this off "Vit, he did so in derogation of the Statute. This become inporte t because there is
a sort ens of cases which say that the Election Cede West be strictly Interpreted, especially when
the question of nomination potitions or paperer is lade. This batter was considered in the case of
Prown w. Fi:rm+esaWm••.I an giving you this for yen information, Mr. stosongsa-U3 Atlantio, (2) 8M,
which affirmed the eases docidod at 8 D & C 780. In additioa, it is noted freaa oaceardnMrrtioaat of the
papers that there were sore kal signatures which had been acquired prior to end on Barch 25th, al.
though the record UOUOW' that Mr. Packrall did not pick up the serdAstilon petition until ar
later, on March 26th. So, the first question that is raised is this conflict with the required
affidavits There is a second question raised, and that is, do those signers really constitute a
"political body", within the meaning of the Act, The sere Well ation •iced government" tolls sae
nothing. The worst possible things teday, it is possible to cower up by time use of a nice two,
The legality of sath a body is pair into issue and a finding nest be lade aneon other, thine that
It ekes not conflict with 25 H & C 25311, and that ssotilon sets forth that contain parties witty
certain aims are net legal. It is, thorefors, s9eo ssaary, is order to asks an date tliganrt decisian
on the latter, that we determine what the mans of this party are. The St *vto states that all out
the signers should be aesbers of an organization. This is 13 Pa. L.B. 32, 42, ad further p reviden
that asy signer lust be an adherent to, or supporter of, that body. Thore Is,,* in my arint, soon
question here as to whether such organization or body, within the waning of the Statute, Wsally
cd.sts, and further, burden is on Mr, Mike Packrall. to show that the signers of this petition
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
FRANCIS E. PFTTIT, J. SLATGH CUMMINS, JOHN MAZZA, COMMISSIONERS
are re .12y an organisation within the meamtng of the Act, or a politieal body within the nearri ng at the
Act. Authority is found in alth To Antieo, 22 Atlantic (2), 2A, to which the COurt -says this
"These signers assort in the neadnation paper that they #represent' the political body Mhoae ceaiiiates
they Sato far a place on the official ballet and also assume to appoint the political committee
to fill. voca Iles •a the ballot in behalf of that political body, It is certaismU centomnplatot
In the Statute that they be monbars of or adherents of or sopprrters of, or at toast faysrably
disposed to, the political body which they assume to represent in the naming of its candidates
for office". In m' mind, there is same sorit to the averment that this petition of Nr. Kyles
Fackrall is calcslated as a rase sad a device to avoid romning in the primary and to have his name
placed on the ballot in the Novmber election. If this is trust this is a perverelen of the Iwo
There is a history of legislative intent and study comgtesrrplated under the statutoe X r, blue
Fackrall is a registered Doxecraty Both the Drsomt and Republican party oar,* parties mithia bite
mead of the statute. There is, me far, se evidence as to hew this bo#r, Much has taken the
memo as" aovorrsmw:t, differs from either the basoeerat or Rempuilioam party in its aim and Intents
and, therefeare, it my be very questionable that a politioal body k nom as Good €lotn+rsmss d eotuallt
eaAsto, low, the statute defin" a political party as an orgaanisation which has pelled a certain
of votes in the preceediag oiectiion, se as to entitle it to msminete all of its candidates
for office and to elect all of its party officers after the filing of nomination potations. A pel••
itical which fails to qualify as a poUtioal pasty,# but which hue nominated oarndidates
by nesination papers, is termed to be a political body. I bell,wo that there is some ovidence hap o
that ne political body exists, but that this Is a deliberate attempt to ran four ofti,00 on the part
of llr. title Faekrall without having to do what svoorybody also has to de and rust in the primaries*
es*
NOW, the fast that those alleged nomination papers confine themselves to two offices, te••wi.t, the
offices of the Comity Ceave3aesiansoars, when thwro are two judges and a District Attorney to be
elected, Is of the highest impart, boeme, it creates the impression that this may be s p �. , r,+ Son
of stattilery intent by Kr. Packra2l net to have people veto far sand de tes who roprresosrt the aims
and ideals of a political body or party, but rather to pursue his sea midAtLesa far nomination by
clang the methods established by the lax to sesuve a nomainntione
plow, there is a third question invelved here, sad it is to be found in Seatien
2W, Nr. Stelo nga, and it concerns the signers of the potitiense "Bach signor may sigma a petitiM
for as many candi"tes for such office sus, and no as" than, he oould vote for is the succeeding
election". This mesas that an elector can sign only two potitiees for ooemmissienerse Simms*
those pro .,Whues are confined to ComadAzloanars being nouLneted, I interpret this provision to app4
net only to the petitions that have been filed or net filed, but apse to Mir, Paokral].' a nomination
potitien. The na bar of sigmtures imanrelved is large, *=**din 2 00# and all of tbo other
signetvroe es all of the ether petitions iaavolvod is lsrge, amid shooking thoor is very time -coma iag
particularly in view of the heavy duties imposed on the election board people at this tiara, plow,
this is a suintary of hew this matter took place, and where it prosentl y stands,
On March 26, 1963,' lore Me P'aelerall obtained blank naminstion paper forms frost
the election Office. I can pw attention to the fast thst many of than petitions Nearer gigs"
es N roh 21, 22, 23, 24 and 25, which Mere 5 days before the election office gave bin the papors.
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olk the game 4*, YAreh 26, I gave iffiornstion to parr. QGAdl- on hew to rea dvo snob a petition, cad
the NWOSsity of iseuing such a fteelpt that wwttld give proper notice to Mr. Fackralla Far the"
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLV'ANIA
FRANCIS E. PETTIT, J. BLATCH CUMMINS, JOHN MAZZA, COMMISSIONERS
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that additional information was placed on the receipt, so that Mr. Packrall could not,
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cogiWa that he dies not receive proper notice. The fast that he was here on the 29th, and here
today, I think that that indicates the purpose was well-founded, On March 27th, 1963, Mr, Packrall
filled his nomination papers, On March 28, 1963, these papers mere briefly examined by me. On
March 291, Mr. Packrall demanded notification in writing that I consider his gapers to be legal and
proper. He requested a hearing before this board for that purpose, ' and the board recessed until
April- let —that is tedt. March 30 was on Saturdoy and the Election Office worked a half day.
March 31st was Sunday, and I don't work on Sundsry. This is April lot, and we are here at the housing
mew. My position is this. I maintain that it is physically impossible for the personnel we have
to examine an 2400, more or less, signatures, as outlined above, for the various questions I have
raised, in 2 1/2 days' time, to -wit, March 283, 29, and hall' of .March 30. To wmaine the papers,
to summon and interrogate candidate$, to summon and interrogate signers of the papers --it is just
impossible to de that in that period of time. I an not prepared yet to tell Mr, Quail. whether I
think those papers should be accepted or rejeateds and I will not do so unless and until I have
eompletod my analysis of these matters, whom, tb A win be i eamot toll you gantiomoas but I do
knew it will take several days, I call your attention to Howell v, Cooper, 63 D & C, 20, where
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the Court domed that 10 days • vas reasonable for the board to do this. VM11 X146 e093ete thins
anualysis, I do not � think Mr. Mt1po Paakrall has a legitimate cause for oeaplaint because he has his
receipt and has been notified. If he feels that this receipt or my answer is improper, he has
his remo#y and his attorney here, and Mr, Stagengt and he can go up to Court and prove his peisti
if he has axr.
There is one more thing that must be considered. The Election Beard is composed
of the County Comaissi.oners, This is to be found in Section 2644 wherein you are ex officie
members of the Election Beard, and aoy officer or officers performing your &nose are ambers of
the Election Beard, which would include Mr, Quail. The County Solicitor, is, under the lux,
required, in addition to his ether duties, to advise the Election Hoard, among ether thus, of its
powers and duties and rights, and the possible methods or legal procedure for carrying eat the
various provisions of this Act, and the County Solicitor mast appear for and represent the, Beal
in all appeals taken to. the Court � of Comes Pleat. However, the potiti icn of Haver at 49 D C# #44,
sites that where all three members of the Hoard of County Coeeai.asionera-are candidates, at a. primary
election is encased themselves, and the only additional law judge of the County is-likowise,a
candidate for the nomination to that office, the judge of the County -not candidate in the electi:er*
is constituted as the acting county board of elections, I interpret this ti mean that nay time
is conceivably a conflict of interest, as determined by a reasonable nan,.you-tbroo gentlemen, Mr.
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Pettit, Mr. Cuemains and Mr. Massa.. are :taelegible to serve on tKs on Board and must disqualify
yourselves from making a decision on, this case. • I further interpret it to noun that Judge CarsMn
and dumeuiss matt make any
decision WeinerWeinerEst also disqualify veso whichsetae �'�a'�,�c���� . _
decision that the Election Board must make in this case, That is the position I take and refuse
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to tell Mr, Packrallwhether I sonsider his papers proper or nets because I have net had an
opppertunity to consider his papers, - and,w se, I on taking tan opportu�ty to tell you that
1' believe you are disqualified in this case, I went feu to, make two siewsa The first oae--
to dj*Falify yourselves in this case, snob the second one, that Mr, Packrall is the ov*" he waaft
any further action at this ti.mh,. seek redress in the Court of Camden fleas• That is my
452
MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
FRANCIS E. PETTIT, J. BLATCH CUMMINS, JOHN MAZZA, COMMISSIONERS
Pettita In the instance where we weald be diaigualifiods you probably would not care to
centime tho hearing before us?
It depends on the position you talcs. If you take the position that you are
disqualified -The thing that is disturb to as is that the 7th of April is the last day to film*
Mr, Hornell says that he has not had time to check the papers. If you went to use this 4n--"
any candidate could be held up until the Solicitor had an opportunity to ca21 In all the powevv
to -the papers, which to so puts an arbitrary amount of power in the hands of the Solicitor.
Ordinarilys what should be done, this paper should be filed, and then a petition filed alleging
an objection to the validity of the paper. I'ou are taping the position here that he has the .
right - of dote the Intentions or purpose of candidates Egging under mea inatiom papa rs. If
this is the cans than no. one can file if the Soliciter has this right. There is one question in
this cases and that ins Had Itr. Pa4krall. signed nominating petitions? Was he a candidate by
nee other petition? I say so, because he had withdremn before be filed his nominating petition,
and Mr. Bernell said that he had gotten signatures prier to the 25th. You keowt that you can pink
these papers vp in Harrisburg. The board bas the power ---of directing these to be filed, and
then, if any candidate f"34 aggrieved or fools that there is a legal questions that matter sae
be resolved by an appeal by the filing of this paper. But, as Mr, i%rmoll points outs he is
not prepared to say wrhother it is a good paper or bad paper. This board met, under the lawns
I;.. file this -pager, ands if there is a legal objection to its thek there can be a question raisoi,
and if yowir Solicitor is moor prepared to say whether it is a goof or bad papers then I say you
don't have the peones to withhold the filing of these papers, because any person haO the right to
questim the validity of theso papers after they are filed. You take the position new, as the
Solicitor points outs he cannot give us a decision whether the paper# are legal or sots thero
is nothing wreng with the papers and I strongly urge you gentleman to have base papers filed,
and if theme is an irregularity, then you have. your remedies; but to say that $w eamnet decide
this and then say that these papers are disqualified., it puts Mr. Packrall in the position that
he way be too late to file these papers. I thick it is an arbitrary use of this board's posers
to refuse this fii 1�#
Hermout het me make this comment on Mr. Stegooga' s oomeentse First of all, we meet
not loss sight of the fact that there we two possible sources of objections to such a paper.
one of these sources coma from the electers themsolvsss and Mr. Stegonga is right that any
elooter may appear. However, the Statute states spocifipp r ghat the electors W have until
the 15th of April to file the appease and farther provides that the last day for filing thaw
papers will be April 8, but there is a aamiatory duty an the bait& -it is not a matter of dleare-
tion»-tine Statute sobs it shall be the duty of the beast to examine the sm. Mr, Stegenga is
arguing about a nos -existent problem. He wants the papers filed, but the papers are alre 4
filed and Mlr. Fackrall has the receipt for than, but he., like ar4body also oho fines a paper's
nut understand that the -law provides that these papers are subject to +rations, to determine
their legal sufficiency, and that p oild a]y sass this, and I gmote: Matt t)w board
shall be entitled to a reasonable tine in which to examine any cortificati on and to sunsom and
interrogate the candidates nomad thoreia or the persons presenting their potitionas certificates
or papersos and this is the important parts "and it or their retention of the sass for the
purpose of making such examination shall not be construed as an acceptance far filing". We
MINUTE BOOK C%
BOARD OF COUNTY COMMISSIONERS WASHIN13TON COUNTY, PENNSYLVANIA
FRANCIS E. PETTIT, J. BLATCH CUMMINS, JOHN MAZZA, COMMISSIONERS
have no shoi.ee about the natter* As fair as I an comerned,# that is the law,# and if.pia. Stogengs
tools that his client has been injured, then be has his rasodye
Pottitt Point of information. If our board would declare ourselves disqualified, their
actions should be to the Election. Hoard or N re Quail., or in ease that is aasatisfactery, • then to
the Court?
Hernalls I feel that Mr. Quell is net a motbarr of they UeWt4i Hoard. .As a praotieal
matter, if you disqualify yourselves,, I thithe Act gives ma the right to set up the procedure
to eesiply with the intent of the Act. I will instruct Nr, Quail,, uperiw, the completion of 4
analysis, whether I think the papers axe proper. If I think they are proper, than nothing is
donee They are filed and go threno, If I think they are improper, I will instruct Mr. Xaail
inrd.Adur tstalh► o yPam pi3sfaad his counsel, stating that the reasonsl think it is improper,
at which time Mr, Packrall can appeal the decision to the Coma. If he wauts to raise any other
questions, that is his privilege • I an net using paid to advise Mr. Packrall.
Ste The only problem I raise is that you say that it is filed,# but it is not filed,
It is still up to you to may whether it is to be filed. Ton say here *Ter be taken under further
advisement". An far as I an conearned,, these papers are not filed. They we down in the office,
but bet filed. Either they are filed or they are not filed, All we want to know is whether you
are going to file or not file these papers. I think you can go only to the exteart of the papers
on their face, The motivation is something different. I think this is the _ only receipt given
:Like this thin time,
Hormells That is correete I an the first to admit that there is a legal question involved
here, and pause of that question, I teko the position I do. The place to decide these questione
is not between Mr. Stegena and me, in Court.
ftpmams Wby do you think I should net think there is any need to go?
H rmal.l.s Because we have a reasonable time to examine than, and I assure you that Nr.
Packrall will have a decision before April 8th,
3t _ If he has to wait until the 8th to got a decisionv that will be too late.
ti
Hermellt Too late for what?
mat To file,
Hermon, If the position you take is correct —if Mr. Pactrrral ., or, rather, the good
a d , .. , m Panty, has a right to be on the ballet, if your position is correct. the Court will
sustain that position.
Ste If you do not ]rot him file by the 8th, the Court has no right to extend the
mandatory filing time. I',pesition is that these papers are not filed, and if Yong, on the 8th,
say it is no proper, this man has no rights whatever, and the Court eamnst extend the tine.
Horaramt I disagree' with your position.
Pettit: Hones the lax set out, where we are involved In the primary oleetiea,# that we are
disqualified? How can we act on the petition being filed?
Hormellt Ton cannot, I want into this farther to bring out In the seen everything that -
was involved in this matter. Perhaps all the information I gm you was not nvesssary, but I
believe it was to Kr. Pac trap. I an here to dononstaMrti wby I took this ac6ioa. ,As far as
you boys are concerned, if you make, as r decision in this ease, you are doing no against wr WT1ee.
I think you are disqualified. I find a ease which says this. That is the petition of the Rarer,
454 MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
FRANCIS E. PETTIT, J. BLATCH CUMMINS, JOHN MAZZA, COMMISSIONERS
_ '"� awaearawwae. sm�aa.ss o®
49C&C3440
Sit If the -board takes tho position they are disqualified is this petitions
who passes •a it and whoa?
Srrseellt it will be passed upon by Fir. Quail, at my direetismf and when I till
hia es after a reasonable tics.
Sty that wort be a reassmn ble tins?
Horaellt That depends on what I rm late.
Ste a: Tow position is what you have advised the, Beard to disqualify themelves
and yew want to examine them papers and you do net know how long it will take to toll: W. Quail
What you- thisk?
The only thing we can do is to follow precedence and, thate 1v a ease
which says that 8 days is reasonable, I win mote every effort to to what I eon.
PettitL. - Can I anre for a rate? Bar do is acts?
He"sll.t If you intend to disquailfy yourself, each imXvidual should: say, "I
disqualify myself to act in this case", and there is no vote on it, "and I subscribe to the
position of the County Solicitor". I hereby disqualify myself frea acting on this case, and I
subscribe to the opinion of the Cow.ty Solicitor on the question of disqualification".
Fettitt All right, I will make that statem at —to disqualify,,
Nazzat I disqualify myself on the ease stasis.
Cusseinst I disqualify myself on the basis of the statomasnt• that the County
Solicitor aades
Continuation of me" of Washington Couut�r Election Board. held on Xemdaq,.Awi.l 1. 1963t
Pettitt
Horasllt
Baesit
Is there any *thee business?
Ni
We have another petition here. Is Mr. Bassi out there?
YAlvin B. Bassi, Attorney at Lax,
enters the costing,
My knowledge of this case is simply that fro Frank Rebar claim that
he had been circulating a petition, all signatures on which were obtained on Sunday, and either
the comsaitteeaan far the first precinct in FallowPield 'Tewnehip, or someone else, told him that
this was a defective petition which would be admitted and thrown onto ,Also, he claims that he
never wont to the ]Rotary Public or Justice of the Pease whose name appears one the petition, and
this withdrawal slip was filed by persons ether than himself, Appare>st2y, people who were
supporting him told him that the petition had been given to him for the purpose of getting him
out of the race and he felt that he should petition for reinstatemat, so that is his position,
I believe that we all knew that petitions signed on. Sunday are legal, and he did not wear
before the Notary Public, and I don't know what the position would be. I believe that the
Courts have been very lenient on any =a who wants to ran for public office and have net thrown
any roadblocks in his way.
Horasllt
Pettitt
Do you want me to make a statement?
We definitely want you to advise as, because this is something that
has never aome before the Board before,
Herae2ls This man had a hearing here Friday, at which he gave his story, I &V-se
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with Mr. Bassi that a petition signed on Suedar, wader 25 P.S. 2604, is legal and valid. At the