Barbieri v. Shapp

OPINION OF THE COURT

ROBERTS, Judge.

Four common pleas judges reached mandatory retirement age in the summer and fall of 1977. Pa.Const. art. V, § 16(b). Appellees, the Governor, the Secretary of the Commonwealth, and the Commissioner of the Bureau of Elections, Commissions, and Legislation, did not list these judgeships for election at the November, 1977, municipal elections. The Election Code requires that all positions to be filled at the municipal election be listed by the thirteenth Tuesday before Primary Day.1 This year the thirteenth Tuesday was February 15, 1977. On March 1, 1977,…