IN THE COURT OF COMMON PLEAS OF CENTRE COUNTY
Chair, Libertarian Party of Centre County
Director, Centre County Board of Elections
REINSTATEMENT OF JESSICA ZEHNGUT
Nomination papers were submitted for Jessica Zehngut to run as a Libertarian Party candidate for Inspector of Elections in 18 State College NW.
Joyce McKinley, acting in her capacity as Director of the Centre County Board of Elections, rejected the nominating papers on the grounds that Ms. Zehngut was a registered voter of the Democrat Party less than 30 days before the primary election of May 2001.
Pennsylvania Statute 25 P.S. §2831(b) specifies the requirements for minor party status in a county.
The Libertarian Party is a minor political party in Centre County by virtue of the fact that at least one of its candidates received 5 percent of the votes received by the highest vote receiver in Centre County in 1999.
Pennsylvania Statute 25 P. S. §2872.2 says that minor political parties must file in accordance with section 951 (now 2911) other than subsection (e)(6) and (7). There is no prohibition that a registrant of another political party be ineligible for nomination to a minor political party.
Appellant moves that the nomination papers of Jessica Zehngut be accepted, and that she be included on the ballot for the November 2001 election as the Libertarian Party candidate for inspector of elections in 18 State College NW.
Julian Heicklen, Appellant
___August 13, 2001__