fatality rule (Pennsylvania) · Go Syfert
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fatality rule in Pennsylvania

11 Pennsylvania opinions name it 2 courts 2002–2025 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
In Re Nomination of Paulmiergreen
pa · 2007 · cited in 8 Pennsylvania opinions naming this issue, 2007–2025
2 sentences

2014See 65 Pa.C.S. § 1104(b)(3) (“Failure to file the statement in accordance with the provisions of this chapter shall, in addition to any other penalties provided, be a fatal defect to a petition to appear on the ballot.”); In re Nomination of Paulmier, 594 Pa. 433 , 937 A.2d 364, 371 (2007) (“[W]e now hold that the fatality rule announced in Section 1104 of the Ethics Act was intended by the Legislature to bar only those candidates from the ballot who fail to file statements of financial interests or who file them in an untimely manner.”) (emphasis added).

2014See 65 Pa.C.S. § 1104(b)(3) (“Failure to file the statement in accordance with the provisions of this chapter shall, in addition to any other penalties provided, be a fatal defect to a petition to appear on the ballot.”); In re Nomination of Paulmier, 594 Pa. 433 , 937 A.2d 364, 371 (2007) (“[W]e now hold that the fatality rule announced in Section 1104 of the Ethics Act was intended by the Legislature to bar only those candidates from the ballot who fail to file statements of financial interests or who file them in an untimely manner.”) (emphasis added).

68
Baranyai v. Andrezjwskigreen
pa · 1993 · cited in 2 Pennsylvania opinions naming this issue, 2002–2007
2 sentences

2007A plurality of this Court considered the language of the fatality rule in Petition of Cioppa, 533 Pa. 564 , 626 A.2d 146, 148-49 (1993) (Opinion Announcing the Judgment of the Court), and held that the failure to file or the untimely filing of a financial statement is "fatal" and prevents a candidate's name from appearing on the ballot.

2007A plurality of this Court considered the language of the fatality rule in Petition of Cioppa, 533 Pa. 564 , 626 A.2d 146, 148-49 (1993) (Opinion Announcing the Judgment of the Court), and held that the failure to file or the untimely filing of a financial statement is "fatal" and prevents a candidate's name from appearing on the ballot.

12
In Re the Nomination Petition of McMonaglegreen
pacommwct · 2002 · cited in 2 Pennsylvania opinions naming this issue, 2003–2004
2 sentences

2004In a footnote to that statement, we noted that the purpose behind the fatality rule was set forth in "In re Nomination Petition of McMonagle, 793 A.2d 174 (Pa.Cmwlth.2002) (stating that the fatality rule serves the purpose of promoting public confidence by assuring that the rules applicable to all would not be waived in favor of a few).” Id.

2004In a footnote to that statement, we noted that the purpose behind the fatality rule was set forth in "In re Nomination Petition of McMonagle, 793 A.2d 174 (Pa.Cmwlth.2002) (stating that the fatality rule serves the purpose of promoting public confidence by assuring that the rules applicable to all would not be waived in favor of a few).” Id.

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
In Re Nomination Petition of Littlepage green
pa · 2006
2 sentences

2007Littlepage, 589 Pa. 455 , 909 A.2d 1235 (2006) (despite trial court finding that candidate's omission on his financial disclosure form did not reflect bad faith, candidate was struck from the ballot based upon strict reading of the fatality rule).

2007Littlepage, 589 Pa. 455 , 909 A.2d 1235 (2006) (despite trial court finding that candidate's omission on his financial disclosure form did not reflect bad faith, candidate was struck from the ballot based upon strict reading of the fatality rule).

12007–2007
In Re Benninghoff green
pa · 2004
2 sentences

2007But the application of the fatality rule was then severely restricted by our decision in Benninghoff, 852 A.2d at 1182 .

2007But the application of the fatality rule was then severely restricted by our decision in Benninghoff, 852 A.2d at 1182 .

12007–2007
In Re Nomination Petition of Anastasio green
pacommwct · 2003
2 sentences

2007Anastasio, 820 A.2d at 881 .

2007Id. *370 This Court affirmed the Commonwealth Court in Anastasio without opinion.

12007–2007
In re Nominating Petition of OlShefski green
pacommwct · 1997
1 sentence

2002Cioppa, 533 Pa. at 569 , 626 A.2d at 148 ; In re Olshefski, 692 A.2d 1168 (Pa.Cmwlth.1997).

12002–2002

Statutes the citing opinions construe

PA § 65 Pa. Cons. Stat. § 1104 (11) PA § 65 Pa. Cons. Stat. § 1101.1 (6) PA § 65 Pa. Cons. Stat. § 1107 (5) PA § 65 Pa. Cons. Stat. § 1105 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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