In Re Benninghoff

OPINION

Justice BAER.

Before us for disposition is the direct appeal of Kerry Benninghoff (Benninghoff) from the Opinion and Order of the *405Commonwealth Court granting Paula F. Smith’s (Smith) petition to set aside Benninghoffs nomination petition for the Office of Representative in the General Assembly from the 171st Legislative District, Centre County, Pennsylvania.1 In granting Smith’s petition, the Commonwealth Court struck Benninghoffs name from the primary election ballot. For the reasons that follow, we reverse.2

Benninghoff is an incumbent Republican, who filed a timely nomination petition…