HomeMy WebLinkAbout79-052 Acceptability of FISSeptember 5, 1979
Pennsylvania State Ethics Commission
Opinion on the acceptability of Financial Interest
Statements filed for the 1979 fall election.
The Ethics Commission is responsible for administering
Act 170 in a manner which will "strengthen the faith and
confidence of the people of the State in their government,"
and which meets the further declaration of the Pennsylvania
legislature that "the people have a right to be assured that
the financial interests of holders of or candidates for
public office present neither a conflict nor the appearance
of a conflict with the public trust."
The Commissioners believe the primary purpose of the
Act is to provide the voters with relevant information about
their candidates which they may use when exercising their
voting rights.
The Commissioners also recognize their responsibility
to take appropriate action against persons who ignore, evade
or otherwise violate the law.
We, the Commissioners, face a decision to be made
within our understanding of these responsibilities. Our
decision is grounded on the unique set of circumstances
surrounding the initial implementation of Act 170 of 1978.
Act 1 of 1979 changed the effective date for Sections 4(b)
and 4(e) to August 1, 1979. These sections specify require-
ments for filing financial interest statements. Normally
the candidate's nominating petition will include an affadavit
that he or she has filed the required financial interest
statement. In the present instance, the August 1 effective
date precluded this assurance of knowledge of each candidate
and a subsequent orderly process.
Approximately 400 financial interest statements have
been received in our office from September 11 to 14, and
their compliance with Act 170 must be determined.
In addition to the primary purpose of the Act, the
Commission must consider the following information in its
deliberations:
79 -052
The Commission concludes that - lacking adequate infor-
mation to reasonably decide that there is a possible or real
violation of the Act - their responsibility requires tempering
administrative actions to better serve the primary purpose
of the legislation.
1. The delay of the effective date for the
implementation of the filing portions of Act 170
by the passage of Act 1 of 1979 clearly demonstrates
the intention of the general assembly to have orderly
and effective administration of the law to avoid
disruption of the elective process.
2. County election boards are required to meet
deadlines, established or implied, in the Commonwealth
election laws and the schedule for meeting these
deadlines will not allow a delay of the Commission
decision.
3. Through our discussions with the staff of the
county board of elections and state associations,
borough, township, and other municipal secretaries,
and other individuals, we are aware that the communi-
cation problems which usually accompany initial
implementation efforts of complex operations existed
in this situation.
4. The majority of the forms received between
September 11 and 14 were signed and dated prior to
September 7, indicating the intent of the candidates
to fully comply with Act 170.
5. While the Commission distributed forms and
information through the county board of elections,
borough, township and other municipal secretaries,
state associations, newspapers, radio, television,
and direct telephone contacts, it was impossible to
insure that all candidates were sufficiently aware of
the precise filing requirements of Act 170 to have
all statements filed by September 7.
Therefore, all financial statements received in our offices
by 5:00 p.m. Friday, September 14, will be deemed in compliance
with the intent and purposes of Act 170 of 1978.
We also rule that write -in candidates and those candidates
nominated to "fill vacancies in public offices which occur
for any cause at a time when the Constitution or laws require
them to be filled at the ensuing election, but at a time
when such nominations cannot be made under any other provision
of the Election Code (Sections 993 -999.1 of the Election Code)"
will have 15 days after they become candidates to file a
financial interest statement with the Commission and their
political subdivision.
The circumstances which caused this ruling will not exist
in elections other than that of the fall of 1979; therefore,
this decision applies only to filings for that election. This
opinion responds to numerous requests eceived b��7 the Commission.
Paul Jc%S3rfith,� man
State Ethics Commission