Wieskerger Appeal

Dissenting Opinion by

Mr. Justice Pomeroy:

While I joined the Court’s opinion in McKelvey Appeal, 444 Pa. 392, 281 A. 2d 642 (1971), on which the present opinion relies, I do not consider it controlling here, and I therefore respectfully dissent.1

In McKelvey, supra, the Court held that the writing by an elector of a person’s name on the bottom of the *422ballot did not in the circumstances of that case render that ballot capable of identification, and thus violative of the Election Code, §1223, 25 P.S. §3062(a). This same section of the Code, however, dealing in detail with the manner of marking…