Summary
reversing the Commonwealth Court's decision permitting a candidate to remain on the ballot where his statement of financial interest failed to disclose sources of income which were not ascertainable from the face of such statement
Summary of this case from In re Nomination of PaulmierOpinion
May 3, 2005.
Petition for Allowance of Appeal No. 181 WAL 2005 from the Order of the Commonwealth Court dated April 15, 2005 at No. 679CD2005, affirming the Order of the Court of Common Pleas of Allegheny County dated March 22, 2005, at No. GD05-006356.
ORDER
AND NOW, this 3rd day of May 2005, the Petition for Allowance of Appeal in the above-captioned matter is hereby GRANTED; the order of the Commonwealth Court is REVERSED; and respondent Harold Katofsky's name is ordered to be STRICKEN from the Municipal Primary Ballot for the Democratic Party nomination for Mayor of the Municipality of Monroeville, Pennsylvania. The Statement of Financial Interest filed in this case failed to include, inter alia, other sources of income which were not ascertainable from the face of the statement. Contrast In re Benninghoff, 578 Pa. 402, 852 A.2d 1182, 1187 (2004) (although candidate failed to expressly name employer and list employer as direct source of income on financial statement, omitted information could be facially obtained from information provided on form as whole because candidate had listed his job title in other portions of statement; thus, candidate "substantially complied" with Act and was permitted to amend statement).