In re Nomination Papers of Gerald R. Carlson

In In re Nomination Papers of Gerald R. Carlson, 60 Pa. Commw. 170, 430 A.2d 1210 (Pa. Cmwlth.) the nomination papers were set aside after Judge Crumlish considered the "totality of the circumstances." Carlson involved two issues: (1) whether Carlson met the qualifications for a residence; (2) whether the nomination papers should be set aside due to Carlson's failure to specify a committee on the nomination papers. As to the first issue, President Judge Crumlish concluded that Carlson had not established Pennsylvania residency. As to the second issue, President Judge Crumlish stated that the requirement to specify a committee of at least three persons as required by the Election Code "is not a mere technicality but is required by our Legislature as one indication that a candidate is backed by a political body and is mounting a serious candidacy, with the aim of representing a constituency's views in the Congress." Carlson, 430 A.2d at 1211-12. However, President Judge Crumlish set aside the nomination paper based on a "totality of the circumstances," which included the fact that Carlson failed to prove residency in Pennsylvania, which in and of itself, is a fatal defect.