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IN RE RECANVASS OF CERTAIN VOTING MACHINES

887 A.2d 330 (2005)

In Re: RECANVASS OF CERTAIN VOTING MACHINES AND ABSENTEE BALLOTS FOR the DEMOCRATIC PRIMARY ELECTION FOR CANDIDATES FOR COUNSEL FOR the CITY OF MONESSEN, Westmoreland County, Pennsylvania, held on May 17, 2005. Appeal of: William C. Evancho, Rose Mowl, Hilda Troth, and John J. Harhai. In Re: Election of Democratic Nominees for City Councilman for the City of Monessen May 17, 2005.

Commonwealth Court of Pennsylvania.

Decided September 30, 2005.

Publication Ordered November 22, 2005.

Attorney(s) appearing for the Case

Peter M. Suwak, Washington, for appellants.

Megan A. Kerns, Monessen, for appellee, City of Monessen.

OPINION BY Senior Judge FLAHERTY.

Three qualified electors (Evancho, Mowl and Troth) and Council candidate John J. Harhai (Appellants) appeal from a decision of the Court of Common Pleas of West-moreland County which vacated its prior order which had provided for a recanvassing of votes in the City of Monessen. Appellants also appeal from an order of the trial court denying their Petition for Election Contest Nunc Pro Tunc.

On June 9, 2005 a petition to recanvass...

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