Kuznik et al. v. Westmoreland County Board of Commissioners, County Board of Elections and Cortes, Secretary of the Commonwealth, Appeal of Cortes (Concurring Opinion)

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[J-79-2006] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER, BALDWIN, JJ. MARY BETH KUZNIK, JIM FERLO, SALLIE W. BRADLEY, MERLE L. KUZNIK, CLARE VAILL, TIMOTHY KRUPAR, WILLIAM P. KUZNIK, JEFFREY HAILS, JOHN W. HETLER, CHARLENE MAY HETLER, AND MATTHEW HETLER, : : : : : : : : APPELLEES : : : v. : : : WESTMORELAND COUNTY BOARD OF : COMMISSIONERS, WESTMORELAND COUNTY BOARD OF ELECTIONS AND PEDRO A. CORTÃ S, SECRETARY OF THE COMMONWEALTH, No. 18 MAP 2006 Appeal from the Order of the Commonwealth Court entered on February 13, 2006 at No. 18 MD 2006 which Granted the Preliminary Injunction. ARGUED: March 1, 2006 APPEAL OF PEDRO A. CORTÃ S CONCURRING OPINION MR. JUSTICE CASTILLE FILED: July 20, 2006 I agree that the Help America Vote Act, 42 U.S.C. §§ 15301-15545, preempts the referendum requirement in the Pennsylvania Election Code, Section 1102, 25 P.S. § 3002, and therefore I concur in the result of the Majority Opinion. Mr. Justice Eakin and Madame Justice Baldwin join this opinion.

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