The Resolution of Election Disputes: Legal Principles that Control Election Challenges 670 A.2d 629 543 Pa. 216, 670 A.2d 629 (Cite as: 543 Pa. 216, 670 A.2d 629) OPINION NIX, Chief Justice. This matter involves consolidated appeals by Joseph Zupsic and Delores A. Laughlin from an Order of the Court of Common Pleas of Beaver County setting aside the election conducted on November 2, 1993, for the office of District Justice for Judicial District **631 36-3-03. [FN1] While the initial vote *221 tabulation showed Zupsic the winner of the district justice race by thirty-six votes, a hand recount resulted in a swing of eighty-two votes in Laughlin's favor, thus making her the winner by thirty-six votes. The lower court concluded that in all probability, a sufficient number of ballots were altered between the time of the initial tabulation and the recount so as to change the outcome of the election. In re Petition to Contest the General Election for District Justice in Judicial District 36-3-03 Nunc Pro Tunc, No. 10051 of 1994, slip order at 4-5, finding of Fact No. 11 (C.P. Beaver County Apr. 8, 1994) [hereinafter Petition I ]. Further, the court determined that, since it was "impossible to accurately strike all the altered ballots so that the results of the election can be reached," setting aside the election was the appropriate remedy. Id., slip order at 5, Finding of Fact No. 12. FN1. In 23 W.D.Appeal Docket 1994, Appeal of Joseph Zupsic, probable jurisdiction was noted citing In re Reading School Board Election, 535 Pa. 32, 634 A.2d 170 (1993). However, as Laughlin contended in her brief in opposition to the Supreme Court's jurisdiction, this matter should have been appealed to the Commonwealth Court pursuant to 42 Pa.C.S. § 762(a)(4)(i)(C). That section, in pertinent part, reads: (a) General Rule.--Except as provided in subsection (b), the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in the following cases: .... (4) Local government civil and criminal matters.-(i) All actions or proceedings arising under ... or where is drawn into question the application, interpretation or enforcement of any: .... 244 Page 3 (C) statute relating to elections, campaign financing or other election procedures. 42 Pa.C.S. § 762(a)(4)(i)(C). Although our Court had previously entertained appeals from the courts of common pleas in election matters, see, e.g., Jones Election Contest Case, 376 Pa. 456, 103 A.2d 652 (1954), jurisdiction over such appeals was given to the Commonwealth Court when that court was created in 1970. Appellate Court Jurisdiction Act, Act of July 31, 1970, P.L. 673 No. 223, art. IV, § 402 (codified as amended at 42 Pa.C.S. § 762); see also Olasz v. Wolosik, No. 46 W.D. Appeal Docket 1995. However, we will maintain jurisdiction over these two appeals in order to conserve judicial resources and speed the subsequent retrial. In No. 33 W.D.Appeal Docket 1994, Appeal of Delores Laughlin, this Court maintains jurisdiction pursuant to 42 Pa.C.S. § 704(a). Section 704(a) provides that "[t]he failure of an appellee to file an objection to the jurisdiction of an appellate court ... shall, unless the appellate court otherwise orders, operate to perfect the appellate jurisdiction of such appellate court...." In this appeal, Appellee Zupsic did not object to the jurisdiction of this Court. However, as we noted above, in No. 23 W.D.Appeal Docket 1994, Appeal of Joseph Zupsic, Appellee Laughlin argued that jurisdiction was in the Commonwealth Court, not in this Court. Thus, in No. 23 W.D.Appeal Docket 1994, this Court maintains jurisdiction pursuant to 42 Pa.C.S. § 726. See Commonwealth v. Martorano, 535 Pa. 178, 188 n. 6, 634 A.2d 1063, 1067 n. 6 (1993), and Commonwealth v. Lang, 517 Pa. 390, 395 n. 1, 537 A.2d 1361, 1363-64 n. 1 (1988). Zupsic contends that the lower court correctly determined that tampering occurred; however, he maintains that the court should have awarded the election to him based on the initial tabulation rather than invalidating it. In the alternative, he claims that the court should have stricken the results from the five districts in which the alterations were concentrated, which would also result in his winning the election. © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.