Baranyai v. Andrezjwski

626 A.2d 146, 533 Pa. 564, 1993 Pa. LEXIS 114
CourtSupreme Court of Pennsylvania
DecidedJune 2, 1993
Docket36 and 37 W.D. Appeal Dkt. 1991
StatusPublished
Cited by85 cases

This text of 626 A.2d 146 (Baranyai v. Andrezjwski) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baranyai v. Andrezjwski, 626 A.2d 146, 533 Pa. 564, 1993 Pa. LEXIS 114 (Pa. 1993).

Opinions

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

NIX, Chief Justice.

In these consolidated appeals we are asked to decide whether the requirements of the Public Official and Employee Ethics Act (“Ethics Act”),1 specifically with respect to the filing of financial interests statements, were complied with by six candidates seeking inclusion on the May, 1991, primary ballot for municipal office.

In the appeal docketed at No. 36 W.D. Appeal Docket 1991, the nomination petitions of Peter W. Zentner, Marilyn J. Stevens and Richard W. Masten, prospective candidates for council seats in the Borough of Braddock Hills, Allegheny County, were challenged via a petition to set aside by a qualified elector, Ross Cioppa, in the Court of Common Pleas of Allegheny County. The reason advanced for this challenge centered on the candidates’ alleged failure to timely file their financial interests statements as required by Section 4(b) of the Ethics Act. The Ethics Act requires these statements be filed with the local governing authority on or before the last day for filing a petition to appear on the ballot for election. 65 P.S. § 404(b)(2). The last day for filing nomination petitions in this primary election was March 12, 1991.

[567]*567On March 6, 1991, Mr. Zentner hand-delivered the three statements at issue to Mr. Leonard Cunic, a Council Member for the Borough of Braddock Hills. Councilman Cunic accepted the statements and assured Mr. Zentner that he would deliver the statements to the Borough Secretary that evening during a Borough meeting. Unfortunately, Councilman Cunic’s memory failed him and he neglected to deliver the statements. It was not until shortly after the filing deadline that the statements were delivered to the Borough Secretary. These financial statements were, however, timely and properly filed with the Allegheny County Department of Elections.

The trial court, following a hearing held on the petition, dismissed the challenge and determined that under the particular circumstances, the spirit of the Ethics Act had been observed. On appeal to the Commonwealth Court, a divided panel sustained the challenge, reversed the decision of the lower court, and ordered the Department of Elections to set aside the nomination petitions of these candidates. 139 Pa. Cmwlth. 314, 590 A.2d 821. The basis of the Commonwealth Court’s rejection of the nomination petitions was its finding that the candidates failed to timely file their respective financial disclosure statements with the local governing authority as required by the Ethics Act.

Shortly thereafter, on May 3, 1991, this Court granted the candidates’ Application for a Stay pending further order. Oral argument before this Court was held on May 6, 1991, following which we entered, on May 10, 1991, a per curiam order reversing the order of the Commonwealth Court, thus permitting the candidates’ names to appear on the primary ballot. 527 Pa. 284, 590 A.2d 752 (1991). We noted that an opinion would follow.

In the second appeal, docketed at No. 37 W.D. Appeal Docket 1991, Donald Andrezjwski and John F. Kearney, qualified electors, filed in the Court of Common Pleas of Allegheny County a petition to set aside the nomination petitions of William Baranyai, Jr., Gary Lang and Christine Grossman, candidates seeking the Democratic nomination for the position of Council member in the Borough of Millvale, Allegheny [568]*568County, in the May, 1991, municipal primary. As was the case in the first appeal, the essence of the challenge to strike the nomination petitions was the alleged failure to file with the governing authority of Millvale the financial interests statements on or before the March 12, 1991, deadline, as required by the Ethics Act.

In this case the candidates timely filed their financial interests statements with the Allegheny County Department of Elections along with their nomination petitions; however, these statements were not filed in Millvale before the March 12, 1991, deadline. When the three candidates attempted to file the statements on March 21, 1991, the Millvale Borough Secretary refused to accept them. The statements were eventually filed with the Borough on March 26, 1991.

The trial court, following a hearing, dismissed the challenge to the nomination petitions and entered an order, dated March 26, 1991, permitting the names to be included on the primary ballot. The Commonwealth Court, however, in a unanimous panel decision, sustained the challenge, reversed the trial court and directed the Allegheny County Elections Department to strike the candidates’ names from the ballot. 139 Pa.Cmwlth. 320, 590 A.2d 824. Following oral argument before this Court on May 6, 1991, we entered a per curiam order on May 10, 1991, reversing the Commonwealth Court order, thereby permitting the candidates to proceed on the ballot. 527 Pa. 285, 590 A.2d 753 (1991). Again, we noted an opinion would follow.

The sole issue presented by these appeals is whether the failure to timely file financial interests statements in the proper manner with the local governing authority is a fatal defect calling for the striking from the ballot candidates who fail to so file.

We begin our discussion with the recognition of the longstanding and overriding policy in this Commonwealth to protect the elective franchise. See In re Jones, 505 Pa. 50, 476 A.2d 1287 (1984); In re Recount of Ballots, 457 Pa. 279, 325 A.2d 303 (1974); Miller Election Contest Case, 351 Pa. 469, 41

[569]*569A.2d 661 (1945); In re Cole’s Election, 223 Pa. 271, 72 A. 510 (1909). In so doing, our Election Code2 should be liberally construed so as not to deprive a candidate of the right to run for office or the voters of their right to elect a candidate of their choice. See Wieskerger Appeal, 447 Pa. 418, 290 A.2d 108 (1972); Perles v. Hoffman, 419 Pa. 400, 213 A.2d 781 (1965); Nomination Petition of Ross, 411 Pa. 45, 190 A.2d 719 (1963).

In Commonwealth, State Ethics Commission v. Baldwin, 498 Pa. 255, 445 A.2d 1208 (1982), a case factually similar to the instant cases, a unanimous Court concluded that failure to timely file the required financial interests statements, in that case with the State Ethics Commission, was not a fatal defect to the nomination petition and could be cured by amendment. Our General Assembly, however, in apparent response to our Baldwin decision, amended and reenacted the Ethics Act in 1989 to include the following language: “Failure to file the [financial interests] statement in accordance with the provisions of this act shall.... be a fatal defect to a petition to appear on the ballot.” 65 P.S. § 404(b)(3).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re: Canvass of Provis. Ballots Appeal of Walsh
Supreme Court of Pennsylvania, 2024
In Re: Canvass of Absentee and Mail-In Ballots
Supreme Court of Pennsylvania, 2020
In Re: 2,349 Ballots in the 2020 General Election
Supreme Court of Pennsylvania, 2020
Reuther v. Del. Cnty. Bureau of Elections
205 A.3d 302 (Supreme Court of Pennsylvania, 2019)
Davis v. Gale
299 Neb. 377 (Nebraska Supreme Court, 2018)
In Re: Nom. Petition of Guzzardi, of: Stewart
Supreme Court of Pennsylvania, 2014
In re Nomination Petition of Guzzardi
99 A.3d 381 (Supreme Court of Pennsylvania, 2014)
In Re Nomination Petition of Wissinger
18 A.3d 445 (Commonwealth Court of Pennsylvania, 2011)
In Re Nomination Petition of Farnese
17 A.3d 375 (Supreme Court of Pennsylvania, 2011)
In Re the Nomination Papers of Mann
944 A.2d 119 (Commonwealth Court of Pennsylvania, 2008)
In Re the Nomination Petition of Shimkus
946 A.2d 139 (Commonwealth Court of Pennsylvania, 2008)
In Re Nomination of Paulmier
937 A.2d 364 (Supreme Court of Pennsylvania, 2007)
In Re Nominating Petition of Brady
923 A.2d 1206 (Commonwealth Court of Pennsylvania, 2007)
In RE NOMINATION OF deYOUNG
903 A.2d 1164 (Supreme Court of Pennsylvania, 2006)
In RE DeYOUNG
900 A.2d 961 (Commonwealth Court of Pennsylvania, 2006)
In Re Nomination Petition of Carroll
896 A.2d 566 (Supreme Court of Pennsylvania, 2006)
In re Nomination Petition of deYoung
900 A.2d 961 (Commonwealth Court of Pennsylvania, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
626 A.2d 146, 533 Pa. 564, 1993 Pa. LEXIS 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baranyai-v-andrezjwski-pa-1993.