DISSENTING OPINION BY
Judge LEAVITT.Respectfully, I dissent.
In In re Nomination of Flaherty, 564 Pa. 671, 770 A.2d 327 (2001), our Supreme Court stated:
[W]e find that an elector who prints her name on a nomination petition has not properly signed the petition, as required by the plain language of Section 908 of the Election Code. We believe that there is a discernible differénce between a name as printed and a name as signed. A person’s name as signed is perceived to be an insignia used by that person to represent herself and generally is made in a manner that is not easily traceable, as in the case of the person’s printed name. Given this difference, as well as the importance of insuring the integrity of the election process, we find that in stating that a person must “sign” the nomination petition, the General Assembly intended that a person make that insignia that the person uses to represent herself, rather than print her name. Therefore, absent substantial proof that the person intended her printed name to be her signature, a person may not validly print her name upon á nomination petition.
Id. at 680-681, 770 A.2d at 332-333 (emphasis added, citations omitted). I disagree with the trial court’s application of Flaherty to this case.
Here, unlike in Flaherty, Moran presented the trial court with more than 60 uncontested affidavits signed by electors in support of many of the challenged signatures. The affidavits contained the individual’s sworn statement that she had reviewed her voter registration card, signed the Agenda Initiative Petition on the date indicated, and affirmed her signature, specifying its line on the Petition. R.R. 233a. The trial court’s Opinion does not specifically explain why these affidavits do not constitute “substantial proof.”
Further, Flaherty arose under the Election Code, which does not apply to challenges to an Agenda Initiative Petition. Article XI of the Administrative Code of Allegheny County (Administrative Code), “Agenda Initiative and Voter Referendum,” 1 provides for the initiation procedure, petition requirements, filing procedure, and certification procedure for agenda initiative and voter referendum petitions.- Article XI, Section 1101.08 of *215the Administrative Code deals with the certification of agenda initiative petitions. Subsection E, “Challenges to Agenda Initiative Petitions Certified as Sufficient,” provides that “[t]he decision of the County Council Clerk shall be subject to appeal to the Court of Common Pleas within seven (7) days of the date of the statement of certification.” Allegheny County, AdministRative Code art. XI, § 1101.08(E) (2000). This provision does not mention the Election Code.
In contrast, Article XI, Section 1101.09(E) of the Administrative Code, which deals with the certification of voter referendum petitions and challenges thereto, specifically references the Election Code. It states that:
Pursuant to 25 P.S. [§ ] 2937,2 Voter Referendum Petitions certified sufficient shall be deemed to be valid, unless, within seven (7) days after the statement of certification by the Board of Elections concerning the Voter Referendum Petition, a petition is presented to the Court of Common Pleas specifically setting forth the objection thereto, and asking that the said Voter Referendum Petition be set aside. A copy of said petition shall, within said period, be served on the authorized representative of the Board of Elections with whom said petition was filed. Upon presentation of such petition, the Court shall follow the procedure set forth in 25 P.S. [§ ] 2937 regarding objections to petitions insofar as they may be applicable.
Allegheny County, Administrative Code art. XI, § 1101.09(E) (2000).
The Administrative Code treats agenda initiative petitions and voter referendum petitions as separate and distinct matters. This difference is probably based upon the fact that an agenda initiative petition merely gets an ordinance before the County Council; the Council decides whether it goes on the ballot.
I disagree with the trial court’s premise, i.e., that it is “obvious” that the Election Code applies to a challenge to an agenda initiative petition. Opinion at 4. To the contrary, it appears obvious that the Election Code is to be followed only in a challenge to a voter referendum petition. Nevertheless, the Administrative Code does not define “signature,” and it was not inappropriate for the trial court to follow Flaherty as precedent. However, Flaherty did not establish a per se rule that printed signatures are invalid. Accordingly, I would remand for specific findings on whether the 60 uncontested affidavits constitute substantial proof within the meaning of Flaherty.
. Section 1.12-1201 of the Allegheny County Home Rule Charter provides that:
The voters of the County shall have the power to propose ordinances by petition for consideration by County Council. Each proposed ordinance shall be germane to County government and limited to one subject which shall be clearly expressed in its title. Any such petition signed by 500 voters of the County and presented to County Council shall be considered by County Council within 60 days of receipt. Procedures for agenda referendum petitions shall be established in the Administrative Code.
302 Pa.Code § 1.12-1201.
. Section 977 of the Election Code, Act of June 3, 1937, P.L. 1333, as amended, 25 P.S. § 2937.