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Democrats Lose Round 1 In Court Battle Over Judges Referendum

HARRISBURG, Pa. (CBS) -- Commonwealth Court has ruled against a challenge by state Senate Democrats against the decision to move a referendum on the retirement age of judges to the November election.

At issue is a referendum on raising the mandatory retirement age of Pennsylvania judges from 70 to 75 that was originally supposed to be decided in the April primary. Just a few weeks before the primary, the Republican-controlled legislature passed a resolution directing that the question about judges be moved to November, partly out of concerns about the wording of the referendum.

Because of the lateness of the action, the question still appeared on many primary ballots, but the tally was nullified.

Several Senate Democrats filed suit, challenging the legitimacy of the action to delay the referendum. But a three judge panel of Commonwealth Court has ruled against the Senate Democrats, saying the resolution that postponed the referendum was a "valid exercise" of power.

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