IN THE COMMONWEALTH COURT OF PENNSYLVANIA

In re: Nomination Petition of :

Caroline Turner Candidate for :

Judge of Municipal Court, :

First Judicial District of Pennsylvania, :

Democratic Party :

: No. 138 M.D. 2023

Objection of: Esther Jones : Heard: March 20, 2023

BEFORE: HONORABLE CHRISTINE FIZZANO CANNON, Judge

OPINION

BY JUDGE FIZZANO CANNON FILED: March 21, 2023

Before the Court is the Petition to Set Aside Nominating Petition 

(Objection Petition) of Esther Jones (Objector) seeking to set aside the Nomination 

Petition of Caroline Turner (Candidate) to appear on the ballot in the General 

Primary Election to be held on May 16, 2023, as a candidate for the Democratic 

nomination for the office of Judge of Municipal Court, First Judicial District of 

Pennsylvania (Office). Objector alleges that the Nomination Petition is insufficient 

because it does not contain a notarized affidavit as required by Section 910 of the 

Election Code,1 25 P.S. § 2870. For the reasons that follow, the Court denies the 

Objection Petition.

On March 7, 2023, Candidate filed a nomination petition to be placed 

on the ballot for the Office in the General Primary Election (Nomination Petition). 

As part of the Nomination Petition, Candidate filed a candidate’s affidavit that 

1 Act of June 3, 1937, P.L. 1333, as amended, 25 P.S. §§ 2600-3591.
2

included her signature but was not notarized. See Candidate’s Affidavit attached as 

Exhibit A to the Objection Petition (Candidate’s Affidavit).

2

 To comply with the 

requirements of the Department of State, Bureau of Elections’ (Department) 

nomination petition filing checklist for candidates,3 Candidate also filed with her

2 The Candidate’s Affidavit includes the following language:

CANDIDATE AFFIDAVIT – I do swear (or affirm) that my 

residence, my election district and the title of the office for which I 

desire to be a candidate are as specified above, that I am eligible for 

said office, that I will not knowingly violate any election law or any 

law regulating and limiting nomination and election expenses, and 

prohibiting corrupt practices in connection therewith; that I am 

aware of the provisions of Section 1626 of the Pennsylvania 

Election Code requiring pre-election and post-election reporting of 

campaign contributions and expenditures; that unless I am a 

candidate for Judge of a Court of Common Pleas, the Philadelphia 

Municipal Court or the office of school board in a district where that 

office is elective or the office of magisterial district judge, my name 

has not been presented as a candidate by nomination petitions of any 

other party for the same office; that if I am a candidate for any office 

of a political party I am a registered and enrolled member of such 

party; that if I am a candidate for Committee Delegate or Alternate 

Delegate to the National Convention the name of the candidate to 

whom I am committed is as indicated on my nomination petition and 

that my signature on the Delegate’s Statement was affixed to each 

page of my nomination petition prior to circulation of same; that I 

am not a candidate for an office which I already hold, the term of 

which is not set to expire on the same year as the office subject to 

this affidavit.

Candidate’s Affidavit. Below this language appears the statement “I swear (or affirm) to the above 

part(s) as required by the law(s) applicable to the office I am seeking[,]” with a signature line 

thereunder and separate lines for the prospective candidate’s telephone number and county of 

residence. Id. Also below the above language is a space and appropriate blanks to be filled out 

for the Candidate’s Affidavit to be notarized. See id.

3 The Department’s “‘Things You Will Need’ Checklist” instructs prospective candidates:

You must file with your nomination petition a completed and 

notarized Candidate’s Affidavit. If you are unable to obtain 
3

Nomination Petition a completed and signed “CANDIDATE DECLARATION to 

be attached to CANDIDATE’S AFFIDAVIT where notarized statement is not 

available,” which form she obtained from the Department’s website. See

Candidate’s Declaration attached as Exhibit B to Objection Petition (Candidate’s 

Declaration).4 The top of the Candidate’s Declaration form, which the Department 

notarization for your Affidavit, an Unsworn Declaration must 

accompany the Affidavit.

Department Candidate Checklist, Hearing Exhibit T-1.

4 The Candidate Declaration reads as follows:

CANDIDATE DECLARATION – I declare that my residence, my 

election district and the title of the office for which I desire to be a 

candidate are as contained in the attached document, that I am 

eligible for said office, that I will not knowingly violate any election 

law or any law regulating and limiting nomination and election 

expenses, and prohibiting corrupt practices in connection therewith; 

that I am aware of the provisions of Section 1626 of the 

Pennsylvania Election Code requiring pre-election and post-election 

reporting of campaign contributions and expenditures; that unless I 

am a candidate for Judge of a Court of Common Pleas, the 

Philadelphia Municipal Court or the office of school board in a 

district where that office is elective or the office of magisterial 

district judge, my name has not been presented as a candidate by 

nomination petitions of any other party for the same office; that if I 

am a candidate for any office of a political party I am a registered 

and enrolled member of such party; that if I am a candidate for 

Committee Delegate or Alternate Delegate to the National 

Convention the name of the candidate to whom I am committed is 

as indicated on my nomination petition and that my signature on the 

Delegate’s Statement was affixed to each page of my nomination 

petition prior to circulation of same; that I am not a candidate for an 

office which I already hold, the term of which is not set to expire on 

the same year as the office subject to the accompanying affidavit.

I declare under penalty of perjury under the law of the 

Commonwealth of Pennsylvania that the foregoing is true and 

correct.
4

revised in late 2022,5 bears the Department’s logo and title with “Bureau of 

Elections” and the Department’s phone number appearing thereunder. See

Candidate’s Declaration.

On March 14, 2023, Objector filed the Objection Petition in this Court 

alleging that Candidate’s Nomination Petition was insufficient because the 

Candidate’s Affidavit was not notarized and that the completed Candidate’s 

Declaration could not serve as a replacement for a notarized Candidate’s Affidavit. 

See Objection Petition at 1-2. Thereafter, Candidate executed and intended to file a 

replacement notarized Candidate’s Affidavit, but did not do so upon being informed 

by another candidate who had already attempted to do so after the filing deadline

that her submission would be rejected as untimely.

On March 20, 2023, the Court conducted a hearing on the Objection 

Petition at which Candidate testified and counsel for both sides offered extensive 

argument. Objector asked this Court to set aside Candidate’s Nomination Petition 

based on the position that the unnotarized Candidate’s Affidavit is the functional 

equivalent of no affidavit at all. Candidate, on the other hand, argued that, pursuant 

Signed on the ___ (date) day of _____ (month), ____ (year), at 

___________________ (county or other location, and state), _____ 

(country).

 _____________________________________

 (printed name)

 _____________________________________

 (signature)

Candidate Declaration. 

5 The lower left-hand corner of the Candidate’s Declaration bears the notation “(rev. 

12/22)”. See Candidate’s Declaration.
5

to the Uniform Unsworn Declarations Act (Declarations Act),

6 her unsworn 

Candidate’s Affidavit and the accompanying Candidate’s Declaration fulfilled the 

requirements of the Election Code. Candidate further argued that she followed the 

Department’s direction in completing and filing her Candidate’s Declaration.

Our Supreme Court has explained that

in considering statutory provisions of the Election Code, 

we must remember the longstanding and overriding policy 

in our Commonwealth to protect the elective franchise. To 

promote this policy, this Court has consistently held that 

the provisions of the Election Code must be liberally 

construed to protect a candidate’s right to run for office 

and the voters’ right to elect the candidate of their choice. 

At the same time, however, we have said that the policy of 

the liberal reading of the Election Code cannot be distorted 

to emasculate those requirements necessary to assure the 

probity of the process.

In re 2003 Gen. Election for Off. of Prothonotary, 849 A.2d 230, 237 (Pa. 2004)

(internal citations, some brackets, and quotation marks omitted).

Our Supreme Court has also observed, however, that the “[p]rovisions 

of the Election Code relating to the form of nominating petitions and the 

accompanying affidavits are not mere technicalities, but are necessary measures to 

prevent fraud and to preserve the integrity of the election process.” In re Beyer, 115 

A.3d 835, 838 (Pa. 2015); see also In re Shimkus, 946 A.2d 139, 154 (Pa. Cmwlth. 

2008). Nonetheless, “[a] party alleging defects in a nominating petition has the 

burden of proving such defects, as nomination petitions are presumed to be valid.” 

Beyer, 115 A.3d at 838. 

6

42 Pa.C.S. §§ 6201-6208.
6

Section 910 of the Election Code outlines the following requirements 

for affidavits to be filed by candidates seeking office:

Each candidate for any State, county, city, borough, 

incorporated town, township, ward, school district, poor 

district, election district, party office, party delegate or 

alternate, or for the office of United States Senator or 

Representative in Congress, shall file with his nomination 

petition his affidavit stating--(a) his residence, with street 

and number, if any, and his post-office address; (b) his 

election district, giving city, borough, town or township; 

(c) the name of the office for which he consents to be a 

candidate; (d) that he is eligible for such office; (e) that he 

will not knowingly violate any provision of this act, or of 

any law regulating and limiting nomination and election 

expenses and prohibiting corrupt practices in connection 

therewith; (f) unless he is a candidate for judge of a court 

of common pleas, the Philadelphia Municipal Court or for 

the office of school director in a district where that office 

is elective or for the office of justice of the peace that he is 

not a candidate for nomination for the same office of any 

party other than the one designated in such petition; (g) if 

he is a candidate for a delegate, or alternate delegate, 

member of State committee, National committee or party 

officer, that he is a registered and enrolled member of the 

designated party; (h) if he is a candidate for delegate or 

alternate delegate the presidential candidate to whom he is 

committed or the term “uncommitted”; (i) that he is aware 

of the provisions of section 1626 of this act requiring preelection and post-election reporting of campaign 

contributions and expenditures; and (j) that he is not a 

candidate for an office which he already holds, the term of 

which is not set to expire in the same year as the office 

subject to the affidavit. In cases of petitions for delegate 

and alternate delegate to National conventions, the 

candidate’s affidavit shall state that his signature to the 

delegate’s statement, as hereinafter set forth, if such 

statement is signed by said candidate, was affixed to the 

sheet or sheets of said petition prior to the circulation of 
7

same. In the case of a candidate for nomination as 

President of the United States, it shall not be necessary for 

such candidate to file the affidavit required in this section 

to be filed by candidates, but the post-office address of 

such candidate shall be stated in such nomination petition.

25 P.S. § 2870 (footnotes omitted). Section 910’s language contains no requirement 

that a candidate’s affidavit be notarized. Nonetheless, this Court had determined in 

the past that notarization was required for affidavits related to nomination petitions. 

See Bolus v. Saunders, 833 A.2d 266, 269 (Pa. Cmwlth. 2003) (holding that a failure

to sign an affidavit before a notary represents a defect that cannot be characterized 

as merely “technical”).

Then, in 2013, Pennsylvania’s General Assembly adopted the 

Declarations Act, which defines a “sworn declaration” as “[a] declaration in a signed 

record given under oath.” 42 Pa.C.S. § 6202. The definition of sworn declaration 

continues to explain that “[t]he term includes a sworn statement, verification, 

certificate and affidavit.” Id. The Declarations Act likewise defines “unsworn 

declaration” as “[a] declaration in a signed record not given under oath but given 

under penalty of perjury.” Id. When enacted in 2013, the Declarations Act applied 

only to unsworn declarations made outside the geographic boundaries of the United 

States. See former 42 Pa.C.S. § 6203. However, in April 2020, the General 

Assembly enacted the Act of April 20, 2020, P.L. 82, No. 15, § 1.3 (Act 15), which 

amended the Declarations Act to apply to unsworn declarations made either within 

or outside the geographic boundaries of the United States. See 42 Pa.C.S. § 6203.7

7 To the extent Act 15 contains a sunset provision relating to the end of the declaration of 

disaster emergency related to the COVID-19 pandemic, the sunset provision related only to the 

ability of notaries to notarize documents online during the duration of the declaration of disaster 

emergency. See Act 15, § 5731. This provision did not otherwise affect the validity of Act 15’s 

changes to the text of Section 6202 of the Declarations Act. See id.
8

Regarding the validity and use of unsworn declarations, the 

Declarations Act states that, “if a law of this Commonwealth requires or permits use 

of a sworn declaration, an unsworn declaration meeting the requirements of this 

chapter has the same effect as a sworn declaration.” 42 Pa.C.S. § 6204(a). The 

Declarations Act provides express exceptions to this general rule in the following 

five cases:

(1) a deposition;

(2) an oath of office;

(3) an oath or affirmation required to be given before a 

specified official other than a notary public;

(4) a declaration relating to real property required or 

authorized to be recorded; and

(5) an oath or affirmation required by 20 Pa.C.S. § 3132.1 

(relating to self-proved wills).

42 Pa.C.S. § 6204(b). The Note to Section 6204 of the Declarations Act further 

explains that,

[e]xcept as provided in subsection 4(b) of this section, an 

unsworn declaration meeting the requirements of this act 

may be used in a state proceeding or transaction whenever 

other state law authorizes the use of a sworn declaration. 

Thus, if other state law permits the use of an affidavit, an 

unsworn declaration meeting the requirements of this act 

would also suffice. Additionally, if other state law 

authorizes other substitutes for a sworn declaration, such 

as an affirmation, then as provided in subsection (a) of this 

section, an unsworn declaration meeting the requirements 

of this act could serve as a substitute for an affirmation. 

Nothing in this act affects the efficacy of sworn 
9

declarations. An unsworn declaration is an alternative to 

a sworn declaration. In perhaps most cases, sworn or 

notarized declarations may be preferred; unsworn 

declarations though may be used when necessary or 

suggested by circumstances.

42 Pa.C.S. § 6204, Note. The Note explains further that “[t]he use of unsworn 

declarations is not limited to litigation[,]” and that (with the exception of the five 

enumerated exceptions of subsection 6204(b)), “[u]nsworn declarations would be 

usable in civil, criminal, and regulatory proceedings and settings.” Id. Thus, where 

an unsworn signed declaration is made under penalties of perjury8 and not subject to 

one of the enumerated exceptions, under the Declarations Act, such an unsworn 

declaration has the same effect and is the functional equivalent of a sworn 

declaration given under oath. 

In the instant matter, the Nomination Petition’s unnotarized 

Candidate’s Affidavit is supported by the Candidate’s Declaration, which contains 

all the information required by Section 910 of the Election Code, 25 P.S. § 2870, for

a valid candidate’s affidavit, and is further a signed declaration made under penalty 

of perjury. As such, the Candidate’s Declaration meets the definition of an “unsworn 

declaration” under the Declarations Act. Further, the Nomination Petition does not 

fit within any of the five enumerated exceptions for the substitution of an unsworn 

declaration to have the same effect and is the functional equivalent of a sworn 

affidavit. See 42 Pa.C.S. § 6204(b). Thus, the Candidate’s Declaration has the same 

8 Section 6206 of the Declarations Act establishes the form of an unsworn declaration and

requires that such declaration be made under penalty of perjury. See 42 Pa.C.S. § 6206.
10

effect as a sworn affidavit under the Declarations Act, and the Objection Petition 

must fail.9

Additionally, the Court disagrees with Objector’s suggestion that 

Candidate’s Nomination Petition should be set aside because Candidate failed to 

provide a reason other than convenience or preference for why she did not obtain 

notarization of her Candidate’s Affidavit. To the extent the title of the Departmentprovided candidate’s declaration form indicates that it is to be attached to a 

candidate’s affidavit where a notarized statement is not available, the candidate’s

declaration form contains no indication that a candidate need provide any 

explanation of why a notary was unavailable or why the candidate filed the candidate 

declaration in lieu of a notarized candidate affidavit. Likewise, the Declarations Act 

contains no requirement that a notary be unavailable before an unsworn declaration 

can have the same effect as a sworn affidavit.

For the above reasons, the Court denies the Objection Petition.

__________________________________

CHRISTINE FIZZANO CANNON, Judge

9 This Court issued a single judge unreported opinion in April 2022 that adopted the 

reasoning of a trial court opinion that similarly relied on the Declarations Act to conclude that an 

unsworn affidavit was acceptable as a substitute for a sworn candidate’s affidavit. See In Re: 

Nomination Petition of Abu V. Edwards (Pa. Cmwlth., No. 316 C.D. 2022, filed April 11, 2022).
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

In re: Nomination Petition of :

Caroline Turner Candidate for :

Judge of Municipal Court, :

First Judicial District of Pennsylvania, :

Democratic Party :

: No. 138 M.D. 2023

Objection of: Esther Jones :

O R D E R

AND NOW, this 21st day of March, 2023, the Petition to Set Aside 

Nominating Petition of Objector Esther Jones is DENIED.

__________________________________

CHRISTINE FIZZANO CANNON, Judge