interpreting the fatal defect rule of the Ethics Act as permitting an amendment to a timely filed financial statement where a candidate has substantially complied with the Ethics Act, in that all of the statutorily required disclosures “can be facially obtained from the information provided on the form as a whole.”
How later courts described this case
- interpreting the fatal defect rule of the Ethics Act as permitting an amendment to a timely filed financial statement where a candidate has substantially complied with the Ethics Act, in that all of the statutorily required disclosures “can be facially obtained from the information provided on the form as a whole.”
- rejecting the position that a candidate’s failure to list the Commonwealth as a direct source of income on a statement of financial interests was a fatal defect, where the candidate had otherwise disclosed his status as a state representative
- interpreting the fatal defect rule of Section 1104(b)(3) as permitting an amendment to a Financial Statement where a candidate has substantially complied with the Ethics Act, such as where all of the statutorily required disclosures "can be facially obtained from the information provided on the form as a whole"
- fatal defect rule not applied where candidate in substantial compliance with requirement to disclose financial interests
Written by the judges who cited it.
The opinion
Justice NIGRO,
concurring.
Although I continue to disagree with this Court’s per curiam affirmance in In re Nomination Petition of Anastasio, 820 A.2d 880 (Pa.Cmwlth.2003), affd. per curiam, 573 Pa. 512 , 827 A.2d 373 (2003), I am able to join in the majority’s disposition of the instant matter, as I believe that Benninghoff should be allowed to remain on the ballot, just as I believed Anastasio should have been allowed to remain on the ballot.