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NOMINATION PETITION ROXANNE H. JONES FOR NOMINATION DEMOCRATIC PARTY FOR SENATOR PENNSYLVANIA GENERAL ASSEMBLY FROM THIRD SENATORIAL DISTRICT (02/22/84)

decided: February 22, 1984.

IN RE: NOMINATION PETITION OF ROXANNE H. JONES FOR NOMINATION OF THE DEMOCRATIC PARTY FOR SENATOR IN THE PENNSYLVANIA GENERAL ASSEMBLY FROM THE THIRD SENATORIAL DISTRICT


Original Jurisdiction in the case of In Re: Nomination Petition of Roxanne H. Jones for Nomination of the Democratic Party for Senator in the Pennsylvania General Assembly from the Third Senatorial District.

COUNSEL

Lee C. Swartz, Hepford, Swartz, Menaker & Morgan, for petitioner.

Harold R. Berk, for respondent.

Judge Rogers. Opinion by Judge Rogers.

Author: Rogers

[ 102 Pa. Commw. Page 104]

T. Milton Street, the incumbent State Senator representing the Third Senatorial District of Pennsylvania and a candidate for nomination of the Democratic Party for a new term in that office, and others, have filed objections to the nomination petition of Roxanne H. Jones for the nomination of the Democratic Party to the same office.

The objectors raise two questions. The first is that the Candidate's Affidavit executed and sworn to by Roxanne H. Jones on January 15, 1984 states that she had filed a Statement of Financial Interest for the preceding calendar year with the State Ethics Commission as required by Section 4(b) of the State Ethics Act, 65 P.S. ยง 404(b), when in fact there was no such Statement on file with the Ethics Commission on January 15, 1984. The objectors contend that this circumstance should effect the invalidation of her nomination petition. However, on January 30, 1984, Ms. Jones did file with the State Ethics Commission a Statement of Financial Interest for the preceding calendar year and later the same day filed her nomination petition with

[ 102 Pa. Commw. Page 105]

    the Candidate's Affidavit complained of attached with the State Bureau of Elections. We overrule this objection on the controlling authority of State Ethics Commission v. Baldwin, 498 Pa. 255, 445 A.2d 1208 (1982), holding that in the absence of a deliberate attempt to falsify the Candidate's Affidavit, the failure of candidates to file Statements of Financial Interest with the State Ethics Commission before filing nomination petitions does not fatally taint the filing process so as to invalidate the nomination petitions and the Candidate's Affidavits containing attestations that the Statement of Financial Interests had been previously filed. There is no evidence here that there was a deliberate attempt to falsify the Candidate's Affidavit with respect to the Statement of Financial Interest. Indeed, here the Statement of Financial Interest was filed with the Ethics Commission before the nomination petition, with the Candidate's Affidavit, was filed with the Bureau of Elections. In the Baldwin case the Statements of Financial Interests were not filed with the Ethics Commission until after the nomination petitions had been filed with the Bureau of Elections.

The objectors' second challenge to Ms. Jones' nomination petition is to the effect that Ms. Jones is not qualified to be Senator for the Third Senatorial District because she will not have been an inhabitant of the Third Senatorial District for one year next before the General Election to be held November 6, 1984, as required by the provision of Article 2, Section 5, of the Constitution of Pennsylvania. We will sustain this objection.

The General Election day in the year 1984 is November 6. It is undisputed on this record that Ms. Jones established a domicile for her and her then minor daughter at 845 North 7th Street, Philadelphia in the year 1970 and that she remained domiciled at that location until the events of this case. Eight Hundred Forty-five

[ 102 Pa. Commw. Page 106]

North 7th Street is not in the Third Senatorial District.

Ms. Jones contends, however, that she moved her domicile to 1714 North Bambrey Street, Philadelphia, which is in the Third ...


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