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BANFIELD v. AICHELE

No. 442 M.D. 2006.

51 A.3d 300 (2012)

Mark BANFIELD, Sarah Beck, Joan Bergquist, Alan Brau, Lucia Dailey, Peter Deutsch, Constance Fewlass, Barbara Glassman, Marijo Highland, Janis Hobbs-Pellechio, Deborah Johnson, Andrew McDowell, James Michaels, J. Whyatt Mondesire, Mary Montresor, Rev. James Moore, Cathy Reed, Regina Schlitz, Alexander Sickert, Daniel Sleator, Susanna Staas, Stephen J. Strahs, Mary Vollero, Jeanne Zang, Petitioners v. Carol AICHELE, Secretary of the Commonwealth, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 29, 2012.

Attorney(s) appearing for the Case

Michael Churchill , Philadelphia, Michael P. Daly , Philadelphia, and Marian K. Schneider , Wayne, for petitioners.

Steven E. Bizar , Philadelphia, Robert J. Fitzgerald , Philadelphia, and Shawn N. Gallagher , Pittsburgh, for respondents.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge, and LEAVITT, Judge, and McCULLOUGH, Judge.

OPINION BY President Judge LEADBETTER.2

Petitioners, twenty-four individual voters,3 move for partial summary judgment in this original jurisdiction matter filed against the Secretary of the Commonwealth (Secretary). For the reasons that follow, we deny the motion.4

In late 2006, Petitioners filed a ten-count petition for review against the Secretary, seeking declaratory...

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