In re General Election for District Justice 670 A.2d 629 543 Pa. 216, 670 A.2d 629 (Cite as: 543 Pa. 216, 670 A.2d 629) Laughlin's primary contentions are that the lower court erred in (1) allowing Zupsic to file this election contest nunc pro tunc; and (2) determining, by clear and convincing evidence, that tampering in fact occurred. If, however, this Court rejects these contentions, Laughlin also argues that the lower court erred in invalidating the election rather than making specific dispositions of those ballots subject to tampering. Because we find that the lower court's Findings of Fact are insufficient for us to determine whether invalidation of the election was an appropriate remedy, we reverse the Order of the court of common pleas and remand for proceedings consistent with this opinion. *222 On November 2, 1993, among numerous other state and local races, a general election was conducted for the office of District Justice in Judicial District 36-3-03, which spans the southern and central portions of Beaver County. Zupsic's and Laughlin's names appeared on the ballot as the respective nominees of the Democratic and Republican parties for the office. In Beaver County, the voters record their votes on paper ballots **632 with graphite marking equipment. These votes are then tabulated by approved automatic tabulation machines. Prior to the election, Beaver County's four machines were tested and found to be counting accurately. Petition I, slip order at 3, Finding of Fact No. 2. At the close of the polls on November 2, Beaver County's ballot boxes were returned to the Beaver County Courthouse and delivered to the room that houses the tabulation machines. Record at 239a. Each box was delivered sealed by a red numbered seal, which number was recorded by the local precinct. Record at 247a. Additionally, each box was locked with a padlock. Record at 242a. The padlocks on all 156 ballot boxes are identical, and approximately 160-170 keys exist for the boxes. Record at 242a, 405a. Any one of these keys can open any of the ballot boxes. 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 op. at 3 (C.P. Beaver County May 5, 1994) [hereinafter Petition II ]. After the delivery of the boxes was completed, officials of the Bureau of Elections unlocked the boxes and removed the red seals. Record at 242a. The ballots were then run Page 4 through the tabulating machines, after which the ballots were placed back into their respective ballot boxes. Record at 245a-46a. The boxes were then each relocked with a padlock and marked with a new seal; however, the numbers of the new seals were not recorded at that time. Record at 248a; Petition II, slip op. at 2-3. Election officials stored the boxes in the tabulation room, and three people had keys to the room. Record at 411a; Petition II, slip op. at 3. On November 5, 1993, three days after the election, the ballot boxes were again opened by the Return and Write-in *223 Boards to audit the voter tallies and count the write-in votes. Record at 250a. These boards also made the first record of the seals that had been placed on the ballot boxes after the ballots had been tabulated by machine. Record at 254a. Thus, for a period of two to three days, the numbers of the seals on the ballot boxes went unrecorded. After the Return and Write-in Boards completed their duties, Zupsic was awarded a total of 3,783 votes and Laughlin a total of 3,747 votes, making Zupsic the apparent winner of the district justice race by thirty-six votes. Petition I, slip order at 1. However, on December 1, 1993, twenty-nine days after the election, Laughlin filed Petitions to Open Ballot Boxes and Recount Votes for fourteen of the twenty-two ballot boxes in Judicial District 36-3-03. [FN2] On December 8 and 9, 1993, the Recount Board tabulated the ballots by hand, awarding Laughlin 3,793 votes to Zupsic's 3,747. Thus, the recount resulted in a swing of eighty-two votes, forty-six gained by Laughlin, and thirty-six lost by Zupsic. Id. at 2. During this recount, Zupsic challenged sixty-two ballots, while Laughlin challenged an additional thirteen. Record at 285a. FN2. These districts were as follows: Center Township 1, 2 and 4-8; Greene Township; Monaca Borough 1-2; Potter Township; Raccoon Township 1-2; and Shippingport Borough. Zupsic then filed Petitions to Open Ballot Boxes and Recount Votes on December 17, 1993, for the remaining precincts in Judicial District 36-3-03. [FN3] Although these petitions are not part of the record in this matter, Zupsic's brief filed with this Court states that his petitions alleged substantial fraud or error in computing the votes or in marking the © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 245