In re Nomination Petition of Kloiber

In In re Nomination Petition of Kloiber, 26 Pa. Commw. 50, 362 A.2d 484 (Pa. Cmwlth. 1976), the Court applied a liberal construction of the Election Code and permitted a candidate to amend affidavits that lacked the notary's seal. In Kloiber, the Bureau of Elections (Bureau) of the Department of State rejected a candidate's nomination petition because, although signed by the notary, the circulator's affidavit and the candidate's affidavit lacked the notary's seal. Id. at 485. The candidate returned to the notary, who affixed his seal on the nomination petition in the proper places. Id. However, the Bureau then refused to accept the nomination petition because it was untimely. Id. The candidate filed a petition with this Court to compel the Bureau to accept the nomination petition. Id. In deciding the matter, the Court stated that, although nomination petitions lacking affidavits are fatally defective, "nomination petitions with improperly completed affidavits are amendable at the discretion of the Court." Id. The Court determined that the affidavits had been made before an authorized notary but were improperly completed because the notary "failed to authenticate his acts by impressing his seal upon the affidavits." Id. at 486. Moreover, because the candidate acted in good faith and with due diligence, and because the notary's failure to affix the seal to the affidavits was a "technical oversight," the Court would not deprive the candidate of the right to run for office. Id.