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McLINKO v. DEPT. OF STATE

No. 244 M.D. 2021 No. 293 M.D. 2021.

270 A.3d 1243 (2022)

Doug MCLINKO, Petitioner, v. Commonwealth of Pennsylvania, DEPARTMENT OF STATE; and Veronica Degraffenreid, in her official capacity as Acting Secretary of the Commonwealth of Pennsylvania, Respondents. Timothy R. Bonner, P. Michael Jones, David H. Zimmerman, Barry J. Jozwiak, Kathy L. Rapp, David Maloney, Barbara Gleim, Robert Brooks, Aaron J. Bernstine, Timothy F. Twardzik, Dawn W. Keefer, Dan Moul, Francis X. Ryan, and Donald "Bud" Cook, Petitioners v. Veronica Degraffenreid, in her official capacity as Acting Secretary of the Commonwealth of Pennsylvania, and Commonwealth of Pennsylvania, Department of State, Respondents.

Commonwealth Court of Pennsylvania.

Decided January 28, 2022.

Attorney(s) appearing for the Case

Walter S. Zimolong , Villanova, for Petitioner Doug McLinko.

Thomas W. King, III , Butler, for Intervenors Butler County Republican Committee, York County Republican Committee, and Washington County Republican Committee.

Clifford B. Levine , Pittsburgh and Seth P. Waxman , Washington, D.C., for Intervenors Democratic National Committee and the Pennsylvania Democratic Party.

Robert A. Wiygul , Philadelphia, for Respondents.

BEFORE: HONORABLE MARY HANNAH LEAVITT, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge.

Doug McLinko (McLinko) has filed an amended petition for review seeking a declaration that Article XIII-D of the Pennsylvania Election Code,2 added by Act 77, violates the Pennsylvania Constitution and is, therefore, void. Act 77 established that any qualified elector...

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