In re Nomination Petition of Guzzardi
627 Pa. 1
| Pa. | 2014Background
- Guzzardi sought the Republican nomination for Governor of Pennsylvania and filed a timely petition to appear on the ballot with the Department of State.
- He attached an original statement of financial interests but did not timely tender the statement to the Ethics Commission before the deadline.
- Appellants, qualified electors, challenged the petition in Commonwealth Court invoking the statutory “fatal defect” rule in 65 Pa.C.S. § 1104(b)(3).
- Commonwealth Court refused to enforce the statutory command, instead allowing nunc pro tunc relief based on equity and non-negligent circumstances.
- The Supreme Court granted plenary review to decide whether equity may override the explicit statutory disqualification rule.
- The Court held that equity cannot override the statutory fatal-defect command, reaffirming the filing deadline as a bright-line requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equity may override the fatal-defect rule | Guzzardi's untimely filing was excused by non-negligent circumstances. | Legislature intended a strict, non-curable rule that disqualifies from ballot access. | Equity cannot override the statutory fatal-defect rule. |
| Whether nunc pro tunc relief can cure untimely filing under 1104(b)(3) | The Howells/Paulmier line supports curing non-negligent, brief delays in filing. | The fatal-defect language is absolute and not subject to equitable relief. | Nunc pro tunc relief cannot be used to cure a fatal defect under 1104(b)(3). |
| Scope of the Eleventh-hour misadministration argument | Administrative breakdown caused delay; remedy should be equitable. | Legislative text forecloses equitable adjustment regardless of breakdowns. | Administrative breakdowns do not negate the statutory mandate. |
| Additional ground for petition suppression | Guzzardi’s nomination petition misrepresented his occupation; independent ground to set aside. | Occupation misrepresentation is not central to the 1104(b) analysis. | Independent ground supports setting aside the petition. |
Key Cases Cited
- In re Petition of Cioppa, 533 Pa. 564 (1993) (fatal-defect language viewed as mandatory by plurality)
- Paulmier, 594 Pa. 433 (2007) (balance strict filing with liberal election-code construction)
- Baldwin, 498 Pa. 255 (1982) (fatal-defect concept overruled in strict sense; allowed amendments)
- Howells, 20 A.3d 617 (Pa.Cmwlth. 2011) (nunc pro tunc relief for non-negligent delay based on admin error)
- Howells, 611 Pa. 559 (2011) (affi rmed per curiam; continued nunc pro tunc framework)
- Bass, 485 Pa. 256 (1979) (nunc pro tunc relief when non-negligent delay and no prejudice)
- Cook, 543 Pa. 381 (1996) (equitable relief in statutory deadlines when justice requires)
- Rankin, 583 Pa. 38 (2005) (dissenting view on misrepresentation and ballot access)