In Re:mination ition of Gordon Marburger, Appeal of: James S. Powers and Marlene E. Lott (concurring)

Annotate this Case

Download PDF

[J-50-2014] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT IN RE: NOMINATION PETITION OF : GORDON MARBURGER FOR THE : REPUBLICAN NOMINATION FOR : REPRESENTATIVE IN THE GENERAL : ASSEMBLY FROM THE 12TH DISTRICT : IN THE REPUBLICAN PRIMARY OF MAY : 20, 2014 : : : APPEAL OF: JAMES S. POWERS AND : MARLENE E. LOTT : No. 15 WAP 2014 Appeal from the Order of the Commonwealth Court entered April 17, 2014 at No. 180 M.D. 2014. SUBMITTED: April 23, 2014 CONCURRING STATEMENT MR. JUSTICE BAER I concur in the reversal of the Commonwealth Court s order, but distance myself from the Court s reliance upon In re Nomination Petition of Guzzardi, No. 29 MAP 2014 (Pa. May 1, 2014) (per curiam order with opinion to follow), for the proposition that nunc pro tunc principles cannot apply to cure a fatal defect under Section 1104(b)(3) of the Ethics Act, 65 Pa.C.S. § 1104(b)(3). While I believe that nunc pro tunc principles may apply to cure a fatal defect in a nomination petition, see Guzzardi, supra, (Baer, J., dissenting), the candidate herein did not satisfy the requisites for such relief. Madame Justice Todd joins.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.