§ 1406Petition to Establish Identity by Candidate Nominated under Different Names; Cumulation Prohibited

Any
person who has been nominated at a primary election by more
than one party for the same office under different names may,
at any time not later than five (5) days after the certification
by the county board of the votes cast at a primary election,
present a petition to the court of common pleas of the proper
county, praying for an order declaring such petitioner by his
true name to be the person who was thus nominated by more than
one party under different names. If the court shall determine
that the different names so appearing on the returns of the
primary represent one and the same person, the court shall enter
an order finding said fact and directing the county board to
revise its return accordingly. No such order shall be entered
by any court, unless notice of the filing of said petition shall
first have been given to the county board, and to all the other
candidates who appear to have been nominated for the same
office, in such manner as the court may, by its order, direct,
which notice shall specify the time and place of the hearing
on said petition. Upon the filing of any such petition, said
court shall proceed to hear said matter without delay, having
due regard to the proximity of the ensuing election. Immediately
upon the entry of any order as aforesaid, a certified copy
thereof shall be served on the county board, which shall correct
and revise its returns accordingly. No candidate for public
office at any November election whose name, for any reason, is
printed more than once for the same office on any ballot at any
general, municipal or special election, shall be entitled to
have cumulated, either by the election officers, by the county
board, or by any court, the votes cast after such different
names. (1406 repealed in part Apr. 28, 1978, P.L.202, No.53)