Pa. Commw. Ct. Election Proceedings Notice & Order

NOTICE AND ORDER

REGARDING OBJECTIONS TO NOMINATION PETITIONS, PAPERS,

AND CERTIFICATES OF CANDIDATES FOR STATEWIDE AND

STATE-LEVEL OFFICE

This Notice and Order relates only to petitions to set aside nomination

petitions, papers, and certificates (objection petitions) of candidates for statewide

and state-level office. 1, 2 The following Order sets forth the requirements for

objection petitions filed in the Commonwealth Court as well as the process that will

be followed by the Court to resolve the objection petitions. See In re Moore, 291

A.2d 531, 533 (Pa. 1972) (recognizing that the manner of service of objection

petitions, the fixing of hearings, and the manner of notice thereof are purely judicial

functions entrusted to this Court under Section 977 of the Pennsylvania Election

Code, Act of June 3, 1937, P.L. 1333, as amended, 25 P.S. § 2937). The provisions

of this Notice and Order apply to all elections for statewide and state-level offices,

including special elections.

To provide for the prompt and efficient disposition of objection

petitions, the following Order continues in effect the method of service of objection

petitions upon candidates for office that this Court has employed since 2022. In

addition, all parties and counsel are reminded that the Order continues in effect the

prohibition on filing objection petitions and other related filings by email. The

Order also continues in effect a 5:00 p.m. deadline for the filing of objection

petitions. Considering these provisions, and to ensure timely accessibility of filings

to the Court and parties, all objectors, candidates, and counsel are strongly

encouraged to submit filings electronically, via PACFile (the Pennsylvania appellate

court electronic filing system), as provided below.

Accordingly, the Court ORDERS as follows:

This Notice and Order, dated July 28, 2026, supersedes all prior versions issued by the

Court and posted by the Court Administrator of Pennsylvania and the Secretary of the

Commonwealth, and shall remain in effect until further Order of Court.

Statewide and state-level offices include, but are not limited to, federal offices such as

president, vice-president, senator, and representative in Congress; state offices having statewide

authority such as governor; offices based on election district such as state legislative seats; and

justices and judges of the appellate courts, the courts of common pleas and the Philadelphia

Municipal Court. Nomination petitions, papers, and certificates for these offices are filed with the

Secretary of the Commonwealth, not the local county boards of elections. See 42 Pa.C.S. § 764.

Petitions to set aside nomination petitions, papers, or certificates that are originally filed with

local county boards of elections must be filed in the court of common pleas having venue

(NOT in the Commonwealth Court), and are not subject to the procedures set forth in this

Notice and Order. See 42 Pa.C.S. § 931.

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN RE: OBJECTIONS TO:

NOMINATION PETITIONS, :

PAPERS, AND CERTIFICATES OF:

CANDIDATES FOR STATEWIDE:

AND STATE-LEVEL OFFICE: No. 126 Misc. Dkt. No. 3

ORDER

NOW, July 28, 2026, all petitions to set aside nomination petitions, papers,

and certificates 3 (objection petitions) of candidates for statewide and state-level

office shall be filed in paper format or electronically by PACFile (the Pennsylvania

appellate court electronic filing system) no later than 5:00 p.m. on the last day to file

objection petitions. 4 Objectors are strongly encouraged to file their objection

petitions electronically.

Upon the filing of an objection petition, the Court will post the petition on a

dedicated page of the Court’s website at: https://www.pacourts.us/objection-

petitions-related-court-orders-and-other-filings (webpage).

THE POSTING OF AN OBJECTION PETITION ON THE WEBPAGE

SHALL CONSTITUTE SERVICE ON THE CANDIDATE WHOSE

NOMINATION PETITIONS/PAPERS HAVE BEEN CHALLENGED. ALL

CANDIDATES ARE UNDER A CONTINUING OBLIGATION TO CHECK

THE WEBPAGE TO DETERMINE IF AN OBJECTION PETITION HAS

BEEN FILED TO THEIR NOMINATION PETITIONS/PAPERS.

Hereinafter, any references to “nomination petitions/papers” shall also refer to

nomination certificates.

See Sections 632, 635, 977, and 982 of the Pennsylvania Election Code, Act of June 3,

1937, P.L. 1333, as amended, 25 P.S. §§ 2782, 2785, 2937, and 2942.

NOTHING IN THIS ORDER RELIEVES OBJECTORS OF THEIR

OBLIGATION TO SERVE THE SECRETARY OF THE

COMMONWEALTH WITH A COPY OF THE OBJECTION PETITION AS

REQUIRED BY THE PENNSYLVANIA ELECTION CODE. SEE 25 P.S.

§§ 2782 AND 2937.5

Furthermore, upon the filing of an objection petition, the Court will issue a

Scheduling and Case Management Order. Objectors are advised that any objection

petitions involving pro se candidates should provide an email address for the pro se

candidates, so the Court can send a PACFile access code to said candidates when

issuing the Scheduling and Case Management Order. The Court will also post the

Scheduling and Case Management Order on the same webpage as the objection

petition.

THE POSTING OF A SCHEDULING AND CASE MANAGEMENT

ORDER ON THE WEBPAGE SHALL CONSTITUTE SERVICE OF THE

ORDER ON THE OBJECTOR AND THE CANDIDATE. ALL PARTIES

ARE UNDER A CONTINUING OBLIGATION TO CHECK THE WEBPAGE

TO DETERMINE IF A SCHEDULING AND CASE MANAGEMENT

ORDER HAS BEEN ISSUED WITH RESPECT TO ANY OBJECTION

PETITION. A COPY OF A SAMPLE SCHEDULING AND CASE

MANAGEMENT ORDER IS ATTACHED.

See In re Lee, 578 A.2d 1277, 1279 (Pa. 1990) (service on Secretary within seven-day

period prescribed by the Pennsylvania Election Code is mandatory). Including the Secretary on

the electronic filing of an objection petition does not constitute adequate service. See In re:

Nomination Petition of Flynn, 356 A.3d 931, 933 (Pa. Cmwlth. 2026) (single-judge op.). Neither

is service by email on the Secretary adequate service. In Re: Nomination Petition of Broadhurst,

312 A.3d 410, 419 (Pa. Cmwlth. 2024).

As a general matter, counsel should be prepared to litigate multiple objection

petitions simultaneously and to expeditiously review contested signature lines and

enter into appropriate stipulations prior to any court hearing on an objection petition.

When individual elector signatures are challenged, the objection petition must

be accompanied by a spreadsheet as specified below. The objection petition and

spreadsheet shall satisfy the following requirements:

1. The objection petition shall specify objections to individual signature

lines in the nomination petition/paper, and these shall be set forth in an EXCEL® or

other similar spreadsheet format. Objector may use the downloadable spreadsheet

provided on the Court’s website at: http://www.pacourts.us/courts/commonwealth-court/.

2. Spreadsheet columns shall include, for each challenged signature line

on the nomination petition/paper: page number, line number, county, and the reason

or reasons for each challenge. The spreadsheet shall designate the grounds for

objection using the following abbreviations (challenge codes key):

NR – Not Registered

NRA – Not Registered at Address

NRCP – Not Registered in Candidate’s Party

NRD – Not Registered in District

NRDS – Not Registered on Date Signed

OC – Out of County

ILL – Illegible

LIO – Line Information Omitted

DUP – Duplicate

IHA – Line Information in Hand of Another

N/I – Nickname/Initial

PRI – Printed Signature

DCS – Defective Circulator Statement

SAC – Signed After Circulator’s Statement Dated

Other – Any ground for objection not listed above

3. The objection petition shall state the number of signature lines

challenged, as well as the total number of completed signature lines on the face of

the nomination petition/paper.

4. Any other objection, e.g., to circulator statements, candidate affidavits,

etc., must be separately stated in the objection petition.

5. For an objection petition filed in paper format:

a. Objector shall attach to the objection petition as an exhibit a

printed copy of the spreadsheet printed on 8½ x 14-inch paper, with all grid lines

showing and column headings appearing on each printed sheet, and a printed copy

of the challenge codes key.

b. Objector shall file an original and one copy of the objection

petition and spreadsheet.

c. Objector shall file two separate USB flash drives, each

containing an electronic version of the spreadsheet and the challenge codes key. The

electronic versions of the spreadsheet on the USB flash drives must be identical to

each other and the printed copy of the spreadsheet attached to the objection petition,

enabled for editing by the Court, and may not be read-only or password protected.

No changes may be made to the original spreadsheet filed with the Court.

6. For an objection petition filed electronically:

a. Along with the electronically filed objection petition, Objector

shall file as an exhibit an electronic (PDF) version of the spreadsheet with all grid

lines showing and column headings appearing on each sheet, and an electronic

(PDF) version of the challenge codes key.

b. Within two days of filing the objection petition and spreadsheet,

Objector shall submit to the Court two paper copies of the electronically filed

objection petition and spreadsheet and two USB flash drives, each containing an

electronic version of the spreadsheet and the challenge codes key. The electronic

versions of the spreadsheet on the USB flash drives must be identical to each other

and the electronic version of the spreadsheet filed as an exhibit to the electronically

filed objection petition, enabled for editing by the Court, and may not be read-only

or password protected. No changes may be made to the original spreadsheet filed

electronically with the Court.

7. Objectors and candidates are advised that the failure to comply

with any provisions of the Court’s Scheduling and Case Management Order

may preclude the noncompliant party from entering any evidence, and may

result in the imposition of costs and/or monetary sanctions.

The Prothonotary is hereby directed to send a copy of this Order to:

1. The Court Administrator of Pennsylvania, who shall post this Order on

the Court’s website at http://www.pacourts.us/courts/commonwealth-court/; and

2. The Secretary of the Commonwealth, who shall (1) post this Order

conspicuously in the Bureau of Commissions, Elections and Legislation and in such

other manner as the Secretary deems appropriate; and (2) provide a copy of this

Order to each candidate for statewide and state-level office (or the candidate’s

representative) who files nomination petitions/papers seeking to be placed on a

ballot.

This Notice and Order shall remain in effect until further Order of Court.

BY THE COURT:

__________________________________________

RENÉE COHN JUBELIRER

President Judge

Order Exit

7/28/2026

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN RE: :

NOMINATION PETITIONS/PAPERS:

OF ___________________________ : No. *

SCHEDULING and CASE MANAGEMENT ORDER

PER CURIAM

NOW, _________, upon consideration of the Petition to S et Aside

Nomination Petitions/Papers (Objection Petition):

1. IT IS HEREBY ORDERED:

A. Hearing on the Objection Petition is scheduled for

________________________________________, in Courtroom Number ______,

_______________________________________________________, Pennsylvania.

Objector is directed to secure the services of a court stenographer for the hearing, who

shall be expected to remain for the duration of the hearing and produce an expedited

transcript of the hearing. Failure of Objector to secure the services of a court

stenographer may result in the dismissal of this matter.

B. If signature lines are challenged, Objector shall secure, by request

or subpoena, the presence of a Statewide Uniform Registry of Electors ( SURE)

system operator at the hearing.

C. Service of the Objection Petition on Candidate and this Order on

all parties is complete upon the posting of the Objection Petition and this Order on the

Court’s website in accordance with this Court’s Notice and Order in In re: Objections

to Nomination Petitions, Papers, and Certificates of Candidates for Statewide and

State-Level Office (Pa. Cmwlth., No. 126 Misc. Dkt. No. 3, January 22, 2026).

D. At the hearing, Objector shall offer proof of timely service of the

Objection Petition on the Secretary of the Commonwealth.

2. It is FURTHER ORDERED that the parties shall comply with

the following in advance of the hearing:

A. Objector shall file a list of all witnesses to be called at the hearing

and the curriculum vitae and expert report for each expert witness. Any witness not

identified may be precluded from testifying except for good cause shown.

B. Candidate shall file a list of all witnesses to be called at the hearing

and the curriculum vitae and expert report for each expert witness. Any witness not

identified may be precluded from testifying except for good cause shown.

3. If signature line challenges are at issue, it is FURTHER

ORDERED that the parties shall comply with the following in advance of the

hearing:

A. Objector and Candidate or Candidate’s representative and, if

appropriate, a SURE system operator, shall make a good-faith effort to promptly meet

to review each and every challenged signature line in advance of any deadlines set

forth herein. This meet and confer process is mandatory.

B. Objector and Candidate shall file a stipulation of the parties that

identifies:

(a) the total number of completed signature lines

submitted;

(b) the total number of uncontested signature

lines submitted;

(c) the total number of signature lines

challenged;

(d) each and every signature line to which there

is an objection, identified by page number

and line number, and the basis for the

objection;

(e) each and every signature line to be stricken as

invalid or for which an objection is to be

withdrawn, identified by page number and

line number, if the parties can reach such a

stipulation.

C. Candidate shall file a list of all signature lines, identified by page

number and line number, that are facially defective and that Candidate intends to

rehabilitate. Candidate shall also state the manner in which Candidate intends to

rehabilitate the signature lines.

4. Objector and Candidate may each file a memorandum of law in

support of their respective positions. No further memoranda will be permitted unless

ordered by the Court.

5. Unless otherwise ordered, the parties shall file all items required or

permitted by paragraphs 2, 3, and 4 of this Order no later than 48 hours in advance of

the hearing. Filing may be accomplished electronically by PACFile (the Pennsylvania

appellate court electronic filing system) or in person with the Prothonotary at the

Pennsylvania Judicial Center, Suite 2100, 601 Commonwealth Avenue, P.O. Box

69185, Harrisburg, PA 17106-9185. Parties may not file by facsimile or email without

express prior permission from the Court.

6. Failure to comply with any provision of this O rder in good faith

may preclude the noncompliant party from entering any evidence, and may result in

the imposition of costs and/or monetary sanctions.