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DAVE McCORMICK FOR U.S. SENATE v. CHAPMAN

No. 46 MM 2022.

275 A.3d 966 (2022)

DAVE MCCORMICK FOR U.S. SENATE and David H. McCormick, Petitioners v. Leigh M. CHAPMAN, in Her Official Capacity as Secretary of State for the Commonwealth, Adams County Board of Elections, Allegheny County Board of Elections, Beaver County Board of Elections, Bedford County Board of Elections, Berks County Board of Elections, Blair County Board of Elections, Bradford County Board of Elections, Bucks County Board of Elections, Butler County Board of Elections, Cambria County Board of Elections, Cameron County Board of Elections, Carbon County Board of Elections, Centre County Board of Elections, Chester County Board of Elections, Clarion County Board of Elections, Clearfield County Board of Elections, Clinton County Board of Elections, Columbia County Board of Elections, Crawford County Board of Elections, Cumberland County Board of Elections, Dauphin County Board of Elections, Delaware County Board of Elections, Elk County Board of Elections, Fayette County Board of Elections, Forest County Board of Elections, Franklin County Board of Elections, Fulton County Board of Elections, Huntingdon County Board of Elections, Indiana County Board of Elections, Jefferson County Board of Elections, Juniata County Board of Elections, Lackawanna County Board of Elections, Lancaster County Board of Elections, Lawrence County Board of Elections, Lebanon County Board of Elections, Lehigh County Board of Elections, Luzerne County Board of Elections, Lycoming County Board of Elections, McKean County Board of Elections, Mercer County Board of Elections, Mifflin County Board of Elections, Monroe County Board of Elections, Montgomery County Board of Elections, Montour County Board of Elections, Northampton County Board of Elections, Northumberland County Board of Elections, Perry County Board of Elections, Pike County Board of Elections, Potter County Board of Elections, Snyder County Board of Elections, Somerset County Board of Elections, Sullivan County Board of Elections, Tioga County Board of Elections, Union County Board of Elections, Venango County Board of Elections, Warren County Board of Elections, Washington County Board of Elections, Wayne County Board of Election, Westmoreland County Board of Elections, and Wyoming County Board of Elections, Respondents.

Supreme Court of Pennsylvania.

May 31, 2022.

Attorney(s) appearing for the Case

Ronald Lee Hicks Jr. , Carolyn Batz McGee , Jeremy Allen Mercer , Porter Wright Morris & Arthur, LLP, Pittsburgh, PA, for Petitioner.

Michael Philip Barbera , Barbera, Melvin & Svonavec, LLP, Somerset, PA, William Gleason Barbin , Cambria County Commissioners, Ebensburg, PA, Timothy Ross Bevevino , Swanson, Bevevino & Sharp, P.C., Warren, PA, Keith Adam Button , Shafer Law Firm, P.C., Meadville, PA, Nicholas Michael Centrella Jr. , James Manly Parks , Duane Morris LLP, Philadelphia, PA, Anthony V. Clarke , Bradford, PA, Joseph Matthias Cosgrove , Selingo Guagliardo, LLC, Kingston, PA, Joseph A. Curcillo III , Dauphin County Solicitor's Office, Harrisburg, PA, Jonathan Lee DeWald , McNerney, Page, Vanderlin & Hall, Williamsport, PA, Elizabeth A. Dupuis , Babst, Calland, Clements and Zomnir, PC, State College, PA, James V. Fareri , McFall, Layman & Jordan, P.C. Stroudsburg, PA, Michael John Fischer , Office of Attorney General, Philadelphia, PA, Mary Colleen Frens , West Chester, PA, Robert Scott Frycklund , Carbon County Commissioners, Jim Thorpe, PA, Christopher P. Gabriel , Cafardi Ferguson Wyrick Weis & Gabriel LLC, Sewickly, PA, Timothy Eugene Gates , Commonwealth of Pa., Harrisburg, PA, Daniel Donovan Grieser , Doylestown, PA, Melissa Ann Guiddy , Greensburg, PA, Maureen E. Herron , Norristown, PA, Nathan W. Karn , Hollidaysburg, PA, Cody Lee Kauffman , Berks County Solicitor's Office, Reading, PA, Wendell R. Kay , Honesdale, PA, Joshua S. Mazin , RepkaMazin, LLC, Nazareth, PA, Anthony John McDonald , Marinos, McDonald & Knecht, LLP, Berwick, PA, Molly Ruth Mudd , Adams County Courthouse, Gettysburg, PA, Melvin Eugene Newcomer , Lancaster, PA, Andrew W. Norfleet , Frank J. Lavery Jr. , Lavery Law PC, Harrisburg, PA, Allan Joseph Opsitnick , Opsitnick and Associates, Pittsburgh, PA, John M. Purcell , John M. Purcell, PC, Uniontown, PA, Richard Eugene Santee , Shay, Santee, Kelhart & Deschler LLC, Bethlehem, PA, Nathaniel Justus Schmidt , Warren County Solicitor's Office, Warren, PA, Joseph David Smith , McCormick Law Firm, Williamsport, PA, Elliott Bernard Sulcove , Black And Davison P.C., Chambersburg, PA, Edwin Wilford Tompkins III , Cameron County Commissioners, Emporium, PA, Thomas George Wagner , Meyer Wagner Brown & Kraus, Saint Marys, PA, David Richard Warner Jr. , Buzgon Davis Law Offices, Lebanon, PA, Richard Winkler , Titusville, PA, Donald Kenneth Zagurskie , Johnston & Zagurskie, PC, Mifflin, PA, Jacob Biehl Boyer , Office of Attorney General, Philadelphia, PA, Amy Melaugh Fitzpatrick , The County Of Bucks-Law Department, Doylestown, PA, Nicole R. Forzato , Chester County Solicitor's Office, West Chester, PA, Sheryl Rae Heid , Fayette County Solicitor's Office, Uniontown, PA, Anna Skipper Jewart , Babst, Sean Robert Keagan, Calland, Clements and Zomnir, PC, Pittsburgh, PA, Fredrick Williams Lighty , Rebecca Ann McCullough , Dauphin County Solicitor's Office, Harriburg, PA, John Amos Marlatt , Montgomery County Solicitor's Office, Norristown, PA, Andrew Francis Szefi , Allegheny County Law Department, Pittsburgh, PA, Jessica L. VanderKam , Stuckert and Yates, Newtown, PA, Michael John Vargo , Spitale Vargo Madsen & Blair, Easton, PA, Timoty James Witt , Watson Mundorff LLP, Connellsville, PA, for Respondent.

ORDER

AND NOW, this 31st day of May, 2022, the Application of the Luzerne County Board of Elections to file an answer nunc pro tunc is GRANTED, and Petitioner's Application for the Court to Exercise Jurisdiction Pursuant to its King's Bench Powers and...

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