In re Nomination Petition of Cooper

In In re Nomination Petition of Cooper, 163 Pa. Commw. 430, 643 A.2d 717 (Pa. Cmwlth. 1994), a single judge opinion of this Court, we addressed both of these issues. Regarding nicknames, Cooper held that the use of a nickname was an amendable defect, but absent evidence confirming the identity of the elector, the signatures must be stricken, stating: Where the elector uses a nickname on the nomination petition instead of his or her proper name used when signing the voter registration affidavit. Although certain cases may be obvious (such as using Mike for Michael), but others are not (for example Terry can be a nickname for Terrence or Theresa, Fred can be Alfred or Frederick). In order to be fair and to draw a clear line, without amendment, such a defect requires the signature to be stricken. Id., 643 A.2d at 726-727. Regarding middle initials and suffixes and prefixes alike, Cooper stated that: Where the signature of the elector does not perfectly match the signature of the elector on the voter registration affidavit because the elector did not use a middle initial. This defect is another situation where the elector's signature admittedly contains a defect, but such defect is so insignificant as to not be a material error. Accordingly we are not required to strike signatures where Petitioner simply alleged that the elector failed to use a middle initial, a marital prefix, or a parental or child suffix on the nomination petition. Elliot Nomination Petition, 26 Pa. Commonwealth Ct. 20, 362 A.2d 438, affirmed per curiam, 466 Pa. 463, 353 A.2d 446 (1976). Without an allegation of fraud, or other basis to cast serious doubt as to the genuineness of the signature, no signatures were stricken on this basis. Wolfe v. Switaj, 106 Pa. Commw. 1, 525 A.2d 825 (Pa. Cmwlth. 1985). We believe it would be totally unreasonable to require an elector to remember whether he or she used a middle initial when the voter's affidavit was completed, in some instances, twenty or thirty years earlier. Id., 643 A.2d at 726. Under Cooper then, the signatures using "nicknames" would be stricken but the signatures adding or deleting middle initials and the like would not, because those defects are insignificant.