Objection of Nominating Petition - Section 1102 of the Ethics Act
In In re Carroll, 586 Pa. 624, 896 A.2d 566 (2006), Carroll's nominating petition was objected to because it failed to indicate in Box 13 on the of Financial Interests (FIS) his uncompensated presidency of the non-profit Timothy J. Carroll's Mayors Club of Dallas Borough (Mayors Club).
Relying on Section 1102 of the Ethics Act, 65 Pa. C.S. 1102, which defined "business" as "any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self employed individual, holding company, joint stock company, receivership, trust or any legal entity organized for profit," the Supreme Court held that a non-profit was not a "business entity" because by definition, a non-profit was not organized for profit.
Objectors did not object to Candidate's categorization of the Carpenters Union as a non-profit organization, and they provided no proof that it was otherwise.
Relying on the holding in Carroll and because there is no dispute that the Carpenters Union was a non-profit organization, the trial court properly determined that Candidate was not in violation of the Ethics Act by not listing the Carpenters Union in Box 13.