In re Nomination Petition of Beyer
115 A.3d 835
| Pa. | 2014Background
- Beyer listed occupation as “lawyer” on nomination petitions while not licensed to practice law.
- He graduated law school in May 2013 and had not taken or passed any state's bar exam.
- Commonwealth Court found the occupation defect was not material or misleading enough to preclude amendment.
- PA Election Code sections 976–977 govern whether defects are amendable and whether petitions must be set aside.
- The Court ultimately held the defect was material, knowing, and not amendable, requiring striking Beyer’s petitions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Beyer’s occupation designation was a material defect set to mislead | Beyer allegedly intended to mislead electors by calling himself a lawyer | Beyer did not intend to deceive; occupation included law students | Yes; defect material and intended to mislead |
| Whether the defect was amenable to amendment under the Election Code | Amendment should have been allowed under §977 | Defect was material to electors and not amenable to amendment | No; not amendable; petitions must be set aside |
| Whether the evidence supports a finding of wrongful intent | Commonwealth Court erred in crediting lack of intent | Record shows knowledge petition could mislead electors | No; record supports intent to mislead; scienter established |
| Whether the Court erred by striking the petition rather than remanding for amendment | Striking was too harsh; amendment could fix defects | Election integrity requires striking to prevent voter deception | Yes; striking was appropriate to protect electorate |
Key Cases Cited
- In re Nomination Petition of McIntyre, 778 A.2d 746 (Pa.Cmwlth.2001) (wrongful intent precludes amendment)
- In re Nomination Petition of Gales, 618 Pa. 93 (Pa. 2012) (nomination petition defects presumed valid; burden on challenger)
- In Farnese, 17 A.3d 375 (Pa. 2011) (liberal construction of Election Code but safeguards against fraud)
- In re Nomination Petition of Delle Donne, 779 A.2d 1 (Pa.Cmwlth.2001) (material defects may be amended or set aside depending on intent)
- Driscoll, 577 Pa. 501 (Pa. 2004) (Election Code interpreted to protect voters; amendments allowed for material defects)