Pennsylvania Cases April 19, 2022: In re Jordan

Case Description

Kathleen Marie Kotula, Esq., Pennsylvania Department of State, Pro Se

Peter Poggi Elliot, Esq., Kevin Michael Greenberg, Esq., Philadelphia, PA, Greenberg Traurig, LLP, for Appellant Fred Runge

Leonard Bartholomew Altieri III, Esq., Michael Vincent Puppio Jr., Esq., Media, PA, Raffaele & Puppio, LLP, for Appellee Robert Jordan

ORDER

PER CURIAM

AND NOW, this 19 day of April, 2022, the Court having determined that nomination challenges predicated upon allegations that a candidate for a seat in the General Assembly cannot meet the qualification requirements set forth in Article II, Section 5 of the Pennsylvania Constitution are justiciable under Section 977 of the Election Code of 1937, the order of the Commonwealth Court dismissing Objector-Appellant's petition to set aside the nomination petition of Robert Jordan for want of subject matter jurisdiction is REVERSED .

Based upon the stipulated facts of record, the Court finds by a preponderance of

[272 A.3d 1294]

the evidence that Robert Jordan will not have been an inhabitant of the 165th Legislative District for at least one year prior to the November 8, 2022 general election. Accordingly, the Secretary of the Commonwealth is directed to remove his name from the Republican primary ballot for state Representative from that district.

Opinions to follow.

Justice Brobson notes his dissent.

Justice Mundy did not participate in the consideration or decision of this matter.