In Re Nomination Petition of Fowler

COLINS, Judge,

dissenting.

I dissent. The submission of an unsigned, non-notarized affidavit is not an amendable defect.

Sections 976 and 977 of the Pennsylvania Election Code (Election Code),1 25 P.S. §§ 2936, 2937, require that a candi*643date submit a nomination petition containing a circulator’s affidavit, and a candidate’s affidavit, within prescribed time limits. In the instant matter, an affidavit simply was not submitted, because an affidavit, per se, must have the affiant’s name and sworn signature. The majority is not liberally construing the Election Code; it is, instead, abolishing any necessity to timely comply with its mandatory requirements.

ORDER

NOW, May 8, 1990, the judgment of the Court of Common Pleas of Philadelphia County placing the candidate’s name on the ballot is affirmed.

The Board of Elections of Philadelphia County is directed to certify the name of Marsha Fowler as a candidate for the Democratic Party Ward Executive Committee, 51st Ward, 15th Division.

The Prothonotary is directed to notify forthwith the parties and also forward a certified copy of this order to the Board of Elections of Philadelphia County.

. Act of June 3, 1937, P.L. 1333, as amended, 25 P.S. §§ 2601-3591.