In re Nomination Petition of Gales
54 A.3d 855
| Pa. | 2012Background
- Candidate Andrew Gales sought the Democratic nomination for Pennsylvania State Representative, 57th Legislative District; petition had 395 signatures, above the 300 required.
- Objectors filed to set aside, alleging 119 invalid signatures; parties stipulated that 74 were invalid, reducing to 321 signatures.
- Commonwealth Court struck 23 signatures, leaving 298, including 10 for use of obvious diminutive first names instead of full names on voter registrations.
- Court previously followed Cooper and other cases treating nicknames as invalid; held that diminutives threaten signature integrity and must be stricken.
- This Court reversed, holding Section 908 does not require formal first names and obvious diminutives are permissible; affirmed liberal construction to protect the candidate and voters; Justice Orie Melvin did not participate.
- Conclusion: Candidate’s petition should be printed on the ballot; the diminutive-signature issue was dispositive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether obvious diminutive first-name signatures are valid under Section 908 | Gales argues diminutives are permissible. | Objectors argue nicknames invalidate signatures. | Diminutives allowed; signatures not invalidated. |
| Whether Cooper-era nicknames should control evaluation of signatures | Cooper relies on disallowing nicknames; case-by-case needed. | Cooper mandates invalidating nicknames not matching voter card. | Court rejects Cooper; adopts case-by-case assessment of diminutives. |
| Relationship to Flaherty and purpose of signature requirement | Signature need not match formal name if clearly identifying signer. | Flaherty requires matching name/invalid if not; broader rule questioned. | Signatures with obvious diminutives do not compromise integrity; Flaherty distinguished. |
Key Cases Cited
- In re Nomination Petition of Flaherty, 564 Pa. 671 (Pa. 2001) (signature must match name/address when substantially different; but not about diminutives where identity remains clear)
- Piccirilli v. Lee, 944 A.2d 840 (Pa.Cmwlth.2008) (signatures not clearly identifying signer may be struck; identity issues require evidence)
- In re Nomination Petition of Sheila Dow Ford, 994 A.2d 9 (Pa.Cmwlth.2010) (nicknames invalid absent identity confirmation)
- In re Nomination Petition of Kathleen M. Fitzpatrick, 822 A.2d 859 (Pa.Cmwlth.2003) (nicknames invalid absent identity confirmation)
- In re Petition for Agenda Initiative, 821 A.2d 203 (Pa.Cmwlth.2003) (nicknames invalid absent identity confirmation)
- In re Nomination Petition of Charles Cooper, 643 A.2d 726 (Pa. Cmwlth. 1994) (nicknames generally invalid where not confirmed by identity)