In the Matter of the Nomination Petitions of David J. Prosperino

Summary

The Pennsylvania Commonwealth Court affirmed the setting aside of David J. Prosperino’s nomination petition for magisterial district judge. The court held that the candidate’s failure to timely file a statement of financial interests with the Allegheny County Manager was a fatal defect under the Public Official and Employee Ethics Act. It also rejected arguments that the required filing with the county governing authority was duplicative or that the County Manager was not the proper filing authority.

Holdings

1. Section 1104(b)(2) requires a candidate for a county-level office both to file a statement of financial interests with the governing authority of the relevant political subdivision by the filing deadline and to append a copy of that statement to the nomination petition. Failure to make the required timely filing is a fatal defect to the nomination petition.
2. The Commonwealth Court would not hold that the Allegheny County Manager was not the proper authority with whom a candidate must file a statement of financial interests under Section 1104(b)(2).

Questions Presented

1. Whether Section 1104(b)(2) of the Public Official and Employee Ethics Act required Prosperino both to file a statement of financial interests with the governing authority and to append a copy to his nomination petition.
2. Whether the Allegheny County Manager was the proper governing authority with whom a candidate was required to file a statement of financial interests under Section 1104(b)(2).

Disposition

affirmed