In re Nomination Petition of Driscoll

In In re Nomination Petition of Driscoll, 577 Pa. 501, 847 A.2d 44 (2004), the Supreme Court applied the definition of residence found in Section 704 of the Election Code, 25 P.S. 2814. Section 704 states that: In determining the residence of a person desiring to register or vote, the following rules shall be followed so far as they may be applicable: (a) That place shall be considered the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning. 25 P.S. 2814. Although Section 704 does not, by its express terms, apply to a candidate for office, the courts have so applied this definition. See Driscoll, 577 Pa. at 512, 847 A.2d at 51; In Driscoll, a candidate for the Democratic Party nomination for representative of the 15th Congressional District indicated on his nomination petition and his affidavit that he resided in Allentown, Pennsylvania. 577 Pa. at 503-04, 847 A.2d at 45-46. Objections were filed alleging that the candidate actually resided in Haverford, Pennsylvania and, thus, had misrepresented his residence in his nomination petition and his affidavit. Id. at 504-05, 847 A.2d at 46. In response, the candidate motioned for permission to amend his nomination petition and affidavit to change the residence listed on those documents from Allentown to Haverford. Id. at 505, 847 A.2d at 47. A hearing was held at which the candidate explained why he had listed Allentown as his residence on his nomination petition and affidavit, and admitted that he had made a mistake in that regard. Id. at 505, 874 A.2d at 47. The Court determined that the candidate did not intend to deceive the electorate, as evidenced by his admission of his mistake at the hearing and his public acknowledgement that he resided in Haverford. Id. at 507, 874 A.2d at 48. Therefore, the Court allowed the candidate to amend his filings and remain on the ballot. Id. at 507, 874 A.2d at 48. The Supreme Court affirmed this Court's determination. Id. at 515-16, 847 A.2d at 53-54.