Opinion

Smith v. Brown

  • 139 Pa. Commw. 304
  • 590 A.2d 816
  • 1991 Pa. Commw. LEXIS 221
Court
Commonwealth Court of Pennsylvania
Filed
Apr 24, 1991
Status
Published
Author
Pellegrini
On the bench
Craig, Pellegrini, Barry
Cited by
7 cases

affirming trial court denial of petition to set aside nomination petition based on a candidate’s failure to sign financial disclosure statement, which defect the Court found to be amendable

How later courts described this case

  • affirming trial court denial of petition to set aside nomination petition based on a candidate’s failure to sign financial disclosure statement, which defect the Court found to be amendable

Written by the judges who cited it.

The opinion

PELLEGRINI, Judge,

dissenting.

I dissent. The majority finds that an unsigned Statement of Financial Interest can be cured after the time for filing those Statements has expired. I believe such a finding is directly contrary to Section 5(a) of the Ethics Act, 1 65 P.S. § 405(a).

Section 5(a) of the Ethics Act provides that:

The statement of financial interests filed pursuant to this act shall be on a form prescribed by the commission. All information requested on the statement shall be provided to the best of the knowledge, information and belief of the person required to file and shall be signed under oath or equivalent affirmation. (Emphasis added.)

I believe that an unsigned form is the equivalent of filing “no form” in that the Ethics Act requires that the Statement of Financial interest form must be signed prior to filing.

Accordingly, because failure to file is a fatal defect pursuant to Section 405(a) of the Ethics Act, I would set aside the Nominating Petition of A1 Smith.

. Act of October 4, 1978, P.L. 883, No. 120, as re-enacted and amended, June 26, 1989, P.L. 26, 65 P.S. §§ 401-413.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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