IN THE COMMONWEALTH COURT OF PENNSYLVANIA

In Re: Nomination Petitions of : Brian A. Gordon as a Democratic : Candidate for Congress in the 2 nd : Congressional District :

: No. 112 M.D. 2016

Petition of: Pamela Gabell and : John Packard :

O R D E R

AND NOW

, this 28 th day of April

, 20 1 6 , IT IS HEREBY

ORDERED that the above

- captioned Memorandum and Order filed March 1 8

,

20 1 6 , shall be designated OPINION rather than MEMORANDUM AND ORDER

and it shall be reported.

________________________________________ BONNIE BRIGANCE LEADBETTER,
Senior JudgeIN THE COMMONWEALTH COURT OF PENNSYLVANIA

In Re: Nomination Petitions of : Brian A. Gordon as a Democratic : Candidate for Congress in the 2 nd : Congressional District :

: No. 112 M.D. 2016

Petition of: Pamela Gabell and : Heard: March 17, 2016

John Packard :

BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge

OPINION BY

SENIOR JUDGE LEADBETTER FILED: March 18, 2016

Before the Court is the Petition of Pamela Gabell and John Packard

(Objector s ) to Set Aside the Nominati on Petition of Brian A. Gordon (Candidate)

as a c andidate for the Democratic Party Nomination for Representative in the

United States Congress for the 2 nd Congressional District

. An evidentiary hearing

was held in this matter on March 17, 2016. Following an evidentiary hearing, I

must deny the Petition to Set Aside for the reasons stated in open court.

Specifically I rejected, based on Buckley v. American Constitutional

Law Fou ndation, Inc. , 525 U.S. 182 (1999)

, Morrill v. Weaver , 224 F.Supp.2d 882

(E.D. Pa. 2002)

, and In re: Stevenson , 40 A.3d 1212 (Pa. 2012), the challenges to

pages 25 , 42

- 43 and 117 (circulator not registered to vote); pages 35

- 36, 39

- 41 and

44 (circulator re gistered outside the District); pages 88

- 92 (circulator not regist ered

at address). I allowe d amendment to pages 57

- 59 and 67

- 73 (circulator entered his

county of residence in his affidavit rather than the county in which the pages were2

circulated). I al so rejected the challenges to page 12 (circulator signed “Wm

Leopold” rather than “William Leopold” and signed in cursive on the line

designated for printing as well as the signature line). Finally, I rejected the

circulator challenge to page 63, in which the circulator collected nine signatures in

Philadelphia and two in Montgomery County and wrote

“Montgomery/Philadelphia” as the county of the signing electors’ residences.

Thus, the affidavit was accurate, although that begs the question whether a singl e

page of a nomination petition may cross county lines when, as here, the legislative

district does so. Nonetheless, had we gotten to line challenges, I would have

stricken the two Montgomery County signatures because the petition states, “We,

the undersi gned, all of whom severally declare that we are qualified electors of the

County and of the political district set forth above...” The political district set forth

was “2 nd Congressional District,” in which all signing electors appeared , indeed,

to reside , but the “County of signers” set forth was “Philadelphia 51,” where,

presumably, the Montgomery County electors did not.

Based on these rulings, the parties stipulated that, should these rulings

be sustained on appeal, or should there be no appeal, Mr. G ordon had sufficient

signatures to remain on the ballot.

NOW

, THEREFORE , this 18 th day of March, 2016, it appearing

that the Candidate has sufficient valid signatures on his nomination petitions, it is

hereby ORDERED that the Petition to Set Aside is DENIED

.

The Secretary of the Commonwealth is directed to certify Brian A.

Gordon as a c andidate for the Democratic Party Nomination for Representative in

the United States Congress for the 2 nd Congressional District in the Primary

Election of April 26, 20 16. The Chief Clerk of the Commonwealth Court is3

directed to send a copy of this Order to the Secretary of the Commonwealth. Each

party shall bear his own costs.

_____________________________________ BONNIE BRIGANCE LEADBETTER,
Senior J ud ge