The name of William Boyer, 105 Ryan Avenue, Rush Township, was removed from the Primary Election ballot by President Judge William E. Baldwin after a hearing Friday in the Schuylkill County Court.

Boyer had filed on the Republican ballot as a candidate for a six-year term as auditor for Rush Township. The petition to remove him was filed by Walter Taylor.

Robert Leibensperger, a supervisor on the Rush Township board, testified that Boyer failed to file a statement on his finances with the secretary of township, as required under the Ethnic Code of Pennsylvania. Leibensperger is registered as a Republican.

Boyer, who represented himself, told the court this was the first time he ran for an elected office and he did so at the urging of a large number of citizens. He testified he filed his nomination petition last February 15 with the Schuylkill County Election Bureau and wasn't aware of filing a financial statement.

"If I had known I would have filed it," he said.

Judge Baldwin ruled that it was a serious oversight and the law requires such a statement to be filed. Therefore, he ordered Boyer's name removed from the ballot.

"Your only recourse is to conduct a writein campaign," Baldwin told Boyer.

Frannie Brennan, election director, was in the courtroom but was not called as a witness. After the hearing she showed the petition Boyer filed. It carried the filing date as February 22, not the date he stated in court. Brennan also commented that the election bureau instructs all candidates on filings.

The only candidate remaining for auditor for a six-year term is Robert J. Pitts, 364 Fairview Street, Rush Township, who will appear on the Democratic ballot.

The Republican ballot will be blank for the post of auditor, six-year term.