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In re McMonagle

Candidate for local office must be struck from ballot upon failure to file statement of financial interests on time and at proper place; failure to properly "file" includes handing statement to incumbent municipal official; fatality rule does not apply where candidates reasonably and timely attempt filing but are stymied by official roadblocks.

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Heard: April 18, 2001

OPINION

The above-captioned election appeal cases *fn1 presented related issues with regard to the proper manner of filing candidates’ statement of financial interests, specifically: (1) where the candidate is required to file his financial interests statement, (2) when the statement is timely filed, and (3) what, if any, circumstances may excuse a candidate’s failure to file at the proper time and place. I entered a separate order in each group of consolidated cases, but issue a single opinion in order to explain the reasons for my decision in each case within the broader context of the underlying principles applicable to all.*fn2

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