In re Canvass of Absentee Ballots of November 4, 2003 General Election

DISSENTING OPINION BY

Judge LEADBETTER.

I must respectfully dissent, at least in part. This court has long held that, “While it is true that a defect which is minor or technical in nature will not void an otherwise valid ballot, violations of substantive provisions of the Code cannot be overlooked on the pretext of pursuing a liberal construction.” In re April 10, 1984 Election of East Whiteland Township, Chester County, 85 Pa.Cmwlth. 594, 483 A.2d 1033, 1036 (1984). Nothing in the present case causes me to conclude that we should depart from this longstanding principle. I fully agree with the…