sheet of a nomination petition or nomination paper shall not
affect the validity of such petition or paper if a sufficient
petition or paper remains after eliminating such invalid sheet.
The action of said officer or board in refusing to receive and
file any such nomination petition, certificate or paper, may be
reviewed by the court upon an application to compel its
reception as of the date when it was presented to the office of
such officer or board: Provided, however, That said officer or
board shall be entitled to a reasonable time in which to examine
any petitions, certificates or papers, and to summon and
interrogate the candidates named therein, or the persons
presenting said petitions, certificates or papers, and his or
their retention of same for the purpose of making such
examination or interrogation shall not be construed as an
acceptance or filing.
Upon completion of any examination, if any nomination
petition, certificate or paper is found to be defective, it
shall forthwith be rejected and returned to the candidate or one
of the candidates named therein, together with a statement of
the reasons for such rejection:
Provided further, That no nomination petition, nomination
paper or nomination certificate shall be permitted to be filed,
if the political party or political body referred to therein
shall be composed of a group of electors whose purposes or aims,
or one of whose purposes or aims, is the establishment, control,
conduct, seizure or overthrow of the Government of the
Commonwealth of Pennsylvania or the United States of America by
the use of force, violence, military measure or threats of one
or more of the foregoing. The authority to reject such
nomination petition, paper or certificate for this reason shall,
when filed with the Secretary of the Commonwealth, be vested in
a committee composed of the Governor, the Attorney General and
the Secretary of the Commonwealth, and when filed with any
county board of elections shall be vested in such board. If in
such case the committee or board, as the case may be, shall
conclude that the acceptance of such nomination petition, paper
or certificate should be refused, it shall within two days of
the filing of such nomination petition, paper or certificate fix
a place and a time five days in advance for hearing the matter,
and notice thereof shall be given to all parties affected
thereby. At the time and place so fixed the committee or board,
as the case may be, shall hear testimony, but shall not be bound
by technical rules of evidence. The testimony presented shall be
stenographically recorded and made a part of the record of the
committee or board. Within two days after such hearing the
committee or board, if satisfied upon competent evidence that
the said nomination petition, paper or certificate is not
entitled to be accepted and filed, it shall announce its
decision and immediately notify the parties affected thereby.
Failure to announce decision within two days after such hearing
shall be conclusive that such nomination petition, paper or
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