In re: The Nom. of C. Tenny a/k/a C. "Chuckie" Tenny ~ Appeal of: J.V. Spingola & J.A. Lombardo
410 C.D. 2025
Pa. Commw. Ct.Apr 14, 2025Background
- Charles “Chuckie” Tenny filed to appear on the ballot for Magisterial District Judge in Canonsburg, Pennsylvania (District 27-2-01).
- Objectors, James V. Spingola and John A. Lombardo, challenged Tenny’s nomination petition, alleging he did not reside at the submitted Canonsburg address and failed to report income in his Statement of Financial Interests (SFI).
- The trial court conducted a hearing where evidence showed Tenny owned both a Canonsburg property (since 2001) and a newer home in Fayette County, which his wife occupies and where he plans to retire.
- Tenny produced multiple documents and testified he lives in Canonsburg during the workweek, with official documents and tax records all tied to the Canonsburg address.
- The trial court denied Objectors' challenge, finding insufficient evidence that Tenny’s primary residence or domicile was Fayette County.
- The Objectors appealed to the Commonwealth Court, which reviewed whether substantial evidence supported the trial court’s conclusion on residency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Residency for candidacy | Tenny's true residence is Fayette County; Canonsburg address is deceptive | Tenny resides in Canonsburg, visits Fayette County only on weekends | Tenny’s primary residence is Canonsburg; evidence supports this |
| Failure to disclose income on SFI | SFI is defective for omitting rental income | SFI filed timely with known information, eligible to amend | Argument waived for lack of development; not a fatal defect |
Key Cases Cited
- In re Nomination Petition of Driscoll, 847 A.2d 44 (Pa. 2004) (Pennsylvania Election Code must be liberally construed to protect candidates’ and voters’ rights)
- In re Shimkus, 946 A.2d 139 (Pa. Cmwlth. 2008) (objectors carry the heavy burden to prove a nomination petition is false regarding residency)
- In re Lesker, 105 A.2d 376 (Pa. 1954) (definitions and tests for domicile and residency in political-candidate eligibility)
- In re Nomination Petition of Prendergast, 673 A.2d 324 (Pa. 1996) (standard for establishing domicile and change of residence for office holding)