In Re Opening of Ballot Box in Third Election District

The question here presented involves the construction of certain sections of the "Pennsylvania Election Code" approved June 3, 1937, P. L. 1333.

We have heretofore handed down an order confirming the action of the court below in counting the disputed ballots in the way it did. This opinion is written so that our reasons for the conclusion reached may be stated. Urgency of decision in order that the election count might proceed prevented preparation of an opinion when our order was made.

Appellants' counsel state the question involved thus: Where, in proceedings instituted under section 1701 of…