# Smith v. Brown

> Commonwealth Court of Pennsylvania · April 24, 1991 · 139 Pa. Commw. 304

URL: https://www.frixlaw.com/law-library/cases/9764544

## Case

- **Full name:** Al SMITH, Appellant, v. Newton D. BROWN, Appellee
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** April 24, 1991
- **Citations:** 139 Pa. Commw. 304; 590 A.2d 816; 1991 Pa. Commw. LEXIS 221
- **Precedential status:** Published
- **Opinion:** Dissent by Pellegrini
- **Judges:** Craig, Pellegrini, Barry
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9764544

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9764544. Public record. Not legal advice.