In re Nomination Petitions of McIntyre

In In re Nomination Petitions of McIntyre, 778 A.2d 746, 753 (Pa. Cmwlth. 2001), a candidate for common pleas judge for Allegheny County indicated on his nomination petition that he resided in Upper St. Clair, Pennsylvania, but indicated on his affidavit that he resided in Pittsburgh, Pennsylvania. 778 A.2d at 750 n.5. Objections were filed alleging that the candidate had falsified his affidavit by listing an incorrect residence. Id. The Court found that the candidate resided at the Upper St. Clair address and that his affidavit was, therefore, false. Id. at 753. Moreover, the Court determined that we could not find that the candidate believed the Pittsburgh address to be his residence. Id. at 754. The Court further determined that the candidate intended to deceive the electorate by indicating an incorrect address on his affidavit, as evidenced by the disparity on the filings and the candidate's inability to dispel that disparity through his testimony. Id. Therefore, this Court set aside the candidate's nomination petition. Id.