§ 1104. Statement of financial interests required to be filed.
(a) Public official or public employee.--Each public official of the Commonwealth shall file a statement of financial interests
for the preceding calendar year with the commission no later than May 1 of each year
that he holds such a position and of the year after he leaves such a position. Each
public employee and public official of the Commonwealth shall file a statement of
financial interests for the preceding calendar year with the department, agency, body
or bureau in which he is employed or to which he is appointed or elected no later
than May 1 of each year that he holds such a position and of the year after he leaves
such a position. Any other public employee or public official shall file a statement
of financial interests with the governing authority of the political subdivision by
which he is employed or within which he is appointed or elected no later than May
1 of each year that he holds such a position and of the year after he leaves such
a position. Persons who are full-time or part-time solicitors for political subdivisions
are required to file under this section.
(b) Candidate.--
(1) Any candidate for a State-level public office shall file a statement of financial
interests for the preceding calendar year with the commission on or before the last
day for filing a petition to appear on the ballot for election. A copy of the statement
of financial interests shall also be appended to such petition.
(2) Any candidate for county-level or local office shall file a statement of financial
interests for the preceding calendar year with the governing authority of the political
subdivision in which he is a candidate on or before the last day for filing a petition
to appear on the ballot for election. A copy of the statement of financial interests
shall also be appended to such petition.
(3) No petition to appear on the ballot for election shall be accepted by the respective
State or local election officials unless the petition has appended thereto a statement
of financial interests as set forth in paragraphs (1) and (2). 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.
(c) Nominee.--Each State-level nominee for public office shall file a statement of financial interests
for the preceding calendar year with the commission and with the official or body
that is vested with the power of confirmation at least ten days before the official
or body shall approve or reject the nomination. Each nominee for a county-level or
local office shall file a statement of financial interests for the preceding calendar
year with the governing authority of the political subdivision in which he or she
is a nominee and, if different, with the official or body that is vested with the
power of confirmation at least ten days before the official or body shall approve
or reject the nomination.
(d) Failure to file required statement.--No public official shall be allowed to take the oath of office or enter or continue
upon his duties, nor shall he receive compensation from public funds, unless he has
filed a statement of financial interests as required by this chapter.
(e) Public inspection and copying.--All statements of financial interests filed pursuant to the provisions of this chapter
shall be made available for public inspection and copying during regular office hours,
and copying facilities shall be made available at a charge not to exceed actual cost.
Cross References. Section 1104 is referred to in section 1109 of this title.
Notes of Decisions
In Re Nomination of Paulmier, 937 A.2d 364 (Pa. 2007).
· cites it 14× “As an introductory note to the law that governs election matters, this Court observes that there are two competing cases interpreting the "fatal defect" rule related to candidate error in financial disclosure governed by 65 Pa.C.S. § 1104. On one hand, under this Court's per…”
In Re Nomination Petition of Carroll, 896 A.2d 566 (Pa. 2006).
· cites it 10× “[12] See 65 Pa.C.S. § 1104 (requiring public officials, public employees, and candidates for state-level, county-level, and local-level public office to file Statement of Financial Interests).”
In re Nomination Petition of Guzzardi, 99 A.3d 381 (Pa. 2014).
· cites it 8× “See 65 Pa.C.S. § 1104(b)(1). The General Assembly has provided for strict enforcement of this requirement, on pain of disqualification from ballot access.”
In Re Nomination of Deyoung, 903 A.2d 1164 (Pa. 2006).
· cites it 5× “65 Pa.C.S. § 1104. Candidates for state-level office are to file the Statement with the Ethics Commission on or before the last day for filing a petition to appear on the election ballot.”
In Re Nomination Petition of Anastasio, 820 A.2d 880 (Pa. Commw. Ct. 2003).
· cites it 7× “Simultaneously, Anastasio filed a financial disclosure statement under section 1104(b) of the Public Official and Employee Ethics Act (Ethics Act), 65 Pa. C.S. § 1104(b). Section 1104(b)(2) of the Ethics Act states that any candidate for local office shall file a statement of…”
In Re Bryant, 852 A.2d 1193 (Pa. 2004).
· cites it 6× “Specifically, Objector for the first time questioned the validity of Candidate's statement of financial interests filed with the State Ethics Commission pursuant to Section 1104(b) of the Public Official and Employee Ethics Act, [2] 65 Pa.C.S. § 1104(b), based on Candidate's…”
Reuther v. Del. Cnty. Bureau of Elections, 205 A.3d 302 (Pa. 2019).
· cites it 6× “at 743-44 (citing 65 Pa.C.S. § 1104(b)(2) ). Such candidates also must attach copies of their SOFIs to their petitions to appear on the ballot.”
In Re Nomination Petition of Littlepage, 909 A.2d 1235 (Pa. 2006).
· cites it 4× “election officials unless the petition has appended thereto a statement of financial interests as set forth in [paragraph (2)]. 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…”
In Re Nominating Petition of Brady, 923 A.2d 1206 (Pa. Commw. Ct. 2007).
· cites it 6× “He filed a Statement of Financial Interests (FIS) with the Philadelphia Election Bureau and attached a copy to his nomination papers as required by Section 1104(b)(2) of the Public Officials and Employees Ethics Act (Ethics Act), 65 Pa.C.S. § 1104(b)(2). 1 Objectors filed their…”
In Re the Nomination Petition of Shimkus, 946 A.2d 139 (Pa. Commw. Ct. 2008).
· cites it 2× “Section 1104(b) of the Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § 1104(b), requires all candidates for state-level office to file a statement of financial interests with the State Ethics Commission (Ethics Commission) on or before the last day for filing…”
In Re the Nomination Petition of Benninghoff, 847 A.2d 144 (Pa. Commw. Ct. 2004).
· cites it 14× “The Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § 1104(b), forbids the Secretary of State from accepting a petition lacking a copy of this statement.”
— 65 Pa. Cons. Stat. § 1104(a) — 9 cases
In Re Nomination Petition of Carroll, 896 A.2d 566 (Pa. 2006).
“[12] See 65 Pa.C.S. § 1104 (requiring public officials, public employees, and candidates for state-level, county-level, and local-level public office to file Statement of Financial Interests).”
— 65 Pa. Cons. Stat. § 1104(b) — 24 cases
In Re Nomination of Paulmier, 937 A.2d 364 (Pa. 2007).
“As an introductory note to the law that governs election matters, this Court observes that there are two competing cases interpreting the "fatal defect" rule related to candidate error in financial disclosure governed by 65 Pa.C.S. § 1104. On one hand, under this Court's per…”
In Re Nomination Petition of Carroll, 896 A.2d 566 (Pa. 2006).
“[12] See 65 Pa.C.S. § 1104 (requiring public officials, public employees, and candidates for state-level, county-level, and local-level public office to file Statement of Financial Interests).”
In Re Bryant, 852 A.2d 1193 (Pa. 2004).
“Specifically, Objector for the first time questioned the validity of Candidate's statement of financial interests filed with the State Ethics Commission pursuant to Section 1104(b) of the Public Official and Employee Ethics Act, [2] 65 Pa.C.S. § 1104(b), based on Candidate's…”
In Re Nomination of Deyoung, 903 A.2d 1164 (Pa. 2006).
“65 Pa.C.S. § 1104. Candidates for state-level office are to file the Statement with the Ethics Commission on or before the last day for filing a petition to appear on the election ballot.”
In Re Nomination Petition of Littlepage, 909 A.2d 1235 (Pa. 2006).
“election officials unless the petition has appended thereto a statement of financial interests as set forth in [paragraph (2)]. 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…”
— 65 Pa. Cons. Stat. § 1104(b)(1) — 9 cases
In Re Nomination of Deyoung, 903 A.2d 1164 (Pa. 2006).
“65 Pa.C.S. § 1104. Candidates for state-level office are to file the Statement with the Ethics Commission on or before the last day for filing a petition to appear on the election ballot.”
In re Nomination Petition of Guzzardi, 99 A.3d 381 (Pa. 2014).
“See 65 Pa.C.S. § 1104(b)(1). The General Assembly has provided for strict enforcement of this requirement, on pain of disqualification from ballot access.”
— 65 Pa. Cons. Stat. § 1104(b)(2) — 15 cases
In Re Nomination of Deyoung, 903 A.2d 1164 (Pa. 2006).
“65 Pa.C.S. § 1104. Candidates for state-level office are to file the Statement with the Ethics Commission on or before the last day for filing a petition to appear on the election ballot.”
Reuther v. Del. Cnty. Bureau of Elections, 205 A.3d 302 (Pa. 2019).
“at 743-44 (citing 65 Pa.C.S. § 1104(b)(2) ). Such candidates also must attach copies of their SOFIs to their petitions to appear on the ballot.”
In Re Nomination Petition of Anastasio, 820 A.2d 880 (Pa. Commw. Ct. 2003).
“Simultaneously, Anastasio filed a financial disclosure statement under section 1104(b) of the Public Official and Employee Ethics Act (Ethics Act), 65 Pa. C.S. § 1104(b). Section 1104(b)(2) of the Ethics Act states that any candidate for local office shall file a statement of…”
In Re Nominating Petition of Brady, 923 A.2d 1206 (Pa. Commw. Ct. 2007).
“He filed a Statement of Financial Interests (FIS) with the Philadelphia Election Bureau and attached a copy to his nomination papers as required by Section 1104(b)(2) of the Public Officials and Employees Ethics Act (Ethics Act), 65 Pa.C.S. § 1104(b)(2). 1 Objectors filed their…”
— 65 Pa. Cons. Stat. § 1104(b)(3) — 35 cases
In Re Nomination of Paulmier, 937 A.2d 364 (Pa. 2007).
“As an introductory note to the law that governs election matters, this Court observes that there are two competing cases interpreting the "fatal defect" rule related to candidate error in financial disclosure governed by 65 Pa.C.S. § 1104. On one hand, under this Court's per…”
In re Nomination Petition of Guzzardi, 99 A.3d 381 (Pa. 2014).
“See 65 Pa.C.S. § 1104(b)(1). The General Assembly has provided for strict enforcement of this requirement, on pain of disqualification from ballot access.”
In Re Nomination Petition of Anastasio, 820 A.2d 880 (Pa. Commw. Ct. 2003).
“Simultaneously, Anastasio filed a financial disclosure statement under section 1104(b) of the Public Official and Employee Ethics Act (Ethics Act), 65 Pa. C.S. § 1104(b). Section 1104(b)(2) of the Ethics Act states that any candidate for local office shall file a statement of…”
In Re Bryant, 852 A.2d 1193 (Pa. 2004).
“Specifically, Objector for the first time questioned the validity of Candidate's statement of financial interests filed with the State Ethics Commission pursuant to Section 1104(b) of the Public Official and Employee Ethics Act, [2] 65 Pa.C.S. § 1104(b), based on Candidate's…”
In Re Nomination Petition of Carroll, 896 A.2d 566 (Pa. 2006).
“[12] See 65 Pa.C.S. § 1104 (requiring public officials, public employees, and candidates for state-level, county-level, and local-level public office to file Statement of Financial Interests).”
— 65 Pa. Cons. Stat. § 1104(d) — 5 cases
Reuther v. Del. Cnty. Bureau of Elections, 205 A.3d 302 (Pa. 2019).
“at 743-44 (citing 65 Pa.C.S. § 1104(b)(2) ). Such candidates also must attach copies of their SOFIs to their petitions to appear on the ballot.”
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