Altoona Mayor Substitute Nomination Case

Dissenting Opinion by

Mr. Justice Cohen:

In County Commissioner Substitute Nomination Case, 383 Pa. 372, 118 A. 2d 750 (1955), this Court held that substitution could be made eleven days before the 1955 general election of a candidate for county commissioner when the previously nominated candidate had died. ' In so doing the Court construed the time provisions of §§981 (b) and 1006 of the Election Code, 25 P.S. §§2941 (b) and 2966, directory, not mandatory. Chief Justice Horace Stern, in his opinion for the Court, however, pointedly stated: “Consequently, they [§§981 (b) and 1006] are to be…