Matter of Nomination of Samms

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal from a memorandum decision of the Commonwealth Court which declared invalid the nomination petition of appellant Gary M. Samms, a would-be candidate in the April 23,1996 primary election.

Samms seeks the Democratic Party’s nomination, from the 167th district, for the office of Representative in the General Assembly. A candidate for that office must file a nomination petition containing at least three hundred signatures. Election Code, 25 P.S. § 2872.1(14). Samms filed a petition containing three hundred three signatures. Appellee Myron R.…