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IN RE: ABSENTEE BALLOTS, ZIMMERMAN ET AL.

No. 2465 C.D. 1977.

41 Pa.Commw. 575 (1979)

In Re: Absentee Ballots of Evelyn S. Zimmerman and Myrtle M. Secrist. David L. Cook, Appellant.

Commonwealth Court of Pennsylvania.

April 10, 1979.

Attorney(s) appearing for the Case

Stephen E. Patterson, with him Beck, Patterson and Kaminski, for appellant.

Denis M. DiLoreto, with him Black and Davison, for appellee.

Argued March 5, 1979, before Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., April 10, 1979:

An exceedingly narrow issue is presented in this case, i.e., does the question of eligibility to challenge an absentee ballot before the county board of elections (board) raise an issue of the jurisdiction of the board requiring affirmative proof or is it a matter of standing, requiring an objection to be put in issue? Neither the qualification of the challenger nor the jurisdiction of the board was put in issue...

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