Otter v. Cortes

The majority opinion suggests a bright-line rule that “vacancies should be filled by election only when they occur more than ten months before the general election.” Majority Opinion, at 1288 (emphasis in original). The majority appears to treat this approach as harmonious with the prior decisions of this Court establishing a governing threshold based on whether a vacancy is “anticipated” or “unanticipated.” See Jackson v. Davis, 507 Pa. 626, 631-32, 493 A.2d 687, 689-90 (1985) (discussing the decisions in Barbieri v. Shapp, 476 Pa. 513, 383 A.2d 218 (1978), and Berardocco v. Colden, 469 Pa.…