In Re: Nomination Petition of Joseph Vodvarka as a Candidate of the Democratic Party for the United States Senate in the Primary Election of April 26, 2016 Petition of Joseph A. Sestak, Jr.

DISSENTING OPINION BY

Judge COHN JUBELIRER.

I," respectfully, disagree that the ability to nominate a candidate of one’s choice, which requires the signing of a nomination petition, does not implicate an individual’s constitutionally protected right to vote. “There is more to the right to vote than the right to mark a piece of paper and drop it in a box or the right to pull a lever in a voting booth,” or in modern times, to *266check a box on a voting machine. South v. Peters, 339 U.S. 276, 279, 70 S.Ct. 641, 94 L.Ed. 834 (1950) (Douglas J., dissenting). State laws concerning the eligibility of…