THE LAW OFFICE OF ADAM C. BONIN By: Adam C. Bonin, Esq. adam@boninlaw.com Attorney I.D. No.

80929 1900 Market Street, 4th Floor Philadelphia, Pennsylvania 19103 Telephone: (215) 864-8002 Facsimile: (215) 701-2321

In Re: Nomination Petitions Of Babette Josephs as Candidate for the Pennsylvania House of Representatives in the 182nd Legislative District Attorney for Objectors

IN THE COMMONWEALTH COURT OF PENNSYLVANIA : In Re: Nomination Petitions Of Babette Josephs : as Candidate for the Pennsylvania House of : Representatives in the 182nd Legislative : District : : NO. : : Duncan Black, Shirley C. Smith, and Charles P. : Goodwin, : Objectors. : : : PETITION TO SET ASIDE THE NOMINATING PETITIONS OF BABETTE JOSEPHS Objectors have reviewed the purported 599 signatures in the nominating petitions filed by Babette Josephs regarding her candidacy for Representative in the General Assembly, 182nd District. Objectors find that these papers contain blatant and willful forgeries, and as a whole lack the sufficient number of legitimate and verifiable signatures from voters who are registered to vote in the Democratic Primary in the 182nd House Legislative District to qualify her for the May 20 primary ballot. Objectors further have determined that her Statement of Financial Interests contains a willful, material falsehood regarding her occupation, as well as other failures. Objectors thus petition this Court to remove Josephs from the May 20 primary election ballot, for having failed to gather 300 valid signatures in support of her nomination petitions and for having

failed to file a truthful Statement of Financial Interests in accordance with the requirements of the Ethics Act, and in support thereof aver as follows: PARTIES, JURISDICTION AND VENUE 1. Objectors Duncan Black, Shirley C. Smith, and Charles P. Goodwin are qualified

Democratic electors residing in the 182nd Legislative District. Black resides at 1126 Carpenter Street, Philadelphia, PA 19147; Smith resides at 2020 Walnut Street #20G, Philadelphia, PA 19103; and Goodwin resides at 2127 Pine Street, Philadelphia PA 19103. 2. Babette Josephs has filed nomination petitions seeking a ballot position for herself

in the Democratic primary to vie for election to the Pennsylvania General Assembly from the 182nd House District. 3. Challenges to such nomination petitions may be filed by any qualified elector

under 25 P.S. 2937, which governs the procedures for such challenges. 4. Pursuant to 42 P.S. 764, the Commonwealth Court of Pennsylvania is the proper

venue for a challenge to the nomination petitions of a candidate for the Pennsylvania State House. FACTUAL BACKGROUND 5. Babette Josephs filed nomination petitions on March 11, 2014, seeking the

nomination of the Democratic Party to the office of Representative in the State House for the 182nd House Legislative District. 6. To appear as a candidate on the 2014 primary election ballot, Josephs must

present at least 300 valid signatures from registered Democratic voters in the 182nd House Legislative District by the filing deadline of March 11. See 25 P.S. 2872.1(14).

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Josephs nomination petitions contain 27 pages, presenting only 599 filled-in

signatures or lines. The nomination petitions are attached as Exhibit A to this Petition. 8. Pennsylvania law also required Josephs to submit a Statement of Financial

Interests (SFI) pursuant to Section 1104 of the Ethics Act. See 65 Pa. C.S. 1104(b)(1). 9. A copy of Josephs SFI, stamped as received by the State Ethics Commission on

March 6, 2014, is attached as Exhibit B to this petition. 10. Section 1105(b)(2) required Josephs to disclose on her SFI her Occupation or

Profession. See 65 Pa. C.S. 1105(b)(2). 11. 12. Josephs wrote that her occupation is attorney-advocate. See Exhibit B. Section 1105(b)(9) required Josephs to disclose on her SFI Any financial interest

in any legal entity engaged in business for profit. See 65 Pa. C.S. 1105(b)(9). 13. Josephs wrote something in that block before crossing it out, and instead marked

none on her SFI. See Exhibit B. JOSEPHSS FILING OF A FALSE STATEMENT OF FINANCIAL INTERESTS REQUIRES THAT SHE BE REMOVED FROM THE BALLOT 14. It is well established law in the Commonwealth that the provisions of the

Pennsylvania 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, and that the requirements of sworn affidavits are to insure the legitimacy of information crucial to the election process. 15. Section 1104(b) of the Public Official and Employee Ethics Act (Ethics Act), 65

Pa.C.S. 1104(b), requires all candidates for state-level office to file a statement of financial interests with the State Ethics Commission (Ethics Commission) on or before the last day for filing nomination petitions. -3-

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Section 1105(a) of the Ethics Act provides that the financial statement shall be on

a form prescribed by the State Ethics Commission, that all information requested on the statement shall be provided to the best of the knowledge, information, and belief of the person required to file, and that the statement shall be signed under oath or equivalent affirmation. 65 Pa. C.S. 1105(a). SFI Objection One False Statement as to Occupation 17. Section 1105(b)(2) of the Ethics Act, 65 Pa.C.S. 1105(b)(2), requires that a

candidate's statement of financial interests contain her occupation or profession. 18. 19. 20. Josephs claimed that she is an attorney-advocate. See Exhibit B. Josephs is not an attorney. According to the records of the Pennsylvania Disciplinary Board, Josephs legal

practice status is inactive. See Exhibit C. 21. A phone call to the Board confirmed that Josephs voluntarily placed herself on the

inactive list on March 5, 2012. 22. Indeed, public records confirm that Josephs does not maintain professional

liability insurance because I do not have private clients and have no possible exposure to malpractice actions (e.g. retired, full-time in-house counsel, prosecutor, full-time government counsel, etc.). Id. 23. Josephs is not an attorney and cannot lawfully hold herself out to be an attorney.

According to Rule 217(j)(4)(iv) of the Pa. Rules of Disciplinary Enforcement, Without limiting the other restrictions in this subdivision (j), a formerly admitted attorney is specifically prohibited from engaging in any of the following activities: . representing himself or herself as a lawyer or person of similar status. -4-

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In addition, under Rule 217(d), an inactive attorney shall not accept any new

retainer or engage as attorney for another in any new case or legal matter of any nature. 25. Attorneys, of course, are required and presumed to be aware of the rules

governing the profession. 26. Under Section 1104(b)(3) of the Ethics Act, Failure to file the statement (of

financial interests) in accordance with the provisions of this chapter shall, in addition to any other penalties provided, be a fatal defect to a petition to appear on the ballot. 27. While certain defects in the filing of a Statement of Financial Interests are

amendable, the ability to amend has always been premised on the candidates initial filing having been in good faith. 28. Under information and belief, Josephs is well aware of the fact that she is no

longer licensed as an attorney, and cannot represent herself as such. 29. Josephs misrepresentation of her occupation is a material defect, and is likely to

mislead voters. 30. 31. This material defect is not readily apparent from the face of the document. Objectors can only speculate as to why Josephs would misrepresent her

occupation to voters through the Statement of Financial Interests. 32. Josephs therefore filed her SFI in bad faith, and she should not be permitted to

amend this material defect. 33. Josephs did not file her SFI to the best of her knowledge, information, and belief,

and Section 1104(b)(3) of the Ethics Act requires that she be removed from the May 20, 2014 primary ballot.

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SFI Objection Two Failure to Disclose Financial Interest in For-Profit Entity 34. Section 1105(b)(2) of the Ethics Act, 65 Pa. C.S. 1105(b)(9), requires that a

candidate's statement of financial interests list the name and address and interest held in any legal entity engaged in business for profit of which the candidate owned more than 5% of the equity or more than 5% of the assets of economic interest in indebtness during the prior calendar year. 35. After writing down something and crossing it out, Josephs filled in the box for

None. See Exhibit B. 36. Upon information and belief, Josephs remains a member and co-owner of

Diamond Peak Investments LLC, at 4222 Commerce Street East in Eugene, Oregon. See Exhibit D, Business Entity Data from the Oregon Secretary of State, Corporations Division, regarding Diamond Peak Investments LLC. 37. Josephs is listed as one of only two members in the company in the Oregon

Secretary of State records, along with Steve Master of Eugene, Oregon. 38. The corporation was active throughout 2013 and administratively dissolved by the

Oregon Secretary of State on March 14, 2014, apparently for Josephs and Masters failure to file a required annual report in Oregon. See Exhibit D (noting a failure-to-file warning on January 17, 2014) and Oregon Rev. Stat. 63.647(2) (The Secretary of State may commence a proceeding under ORS 63.651 to administratively dissolve a limited liability company if The limited liability company does not deliver its annual report to the Secretary of State when due.) 39. In February 2008, the last year in which she disclosed her interest, Josephs SFI

disclosed that she held a 50% interest in Diamond Peak Investments in calendar year 2007. See Exhibit B.

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Under information and belief, Josephs knowingly failed to disclose her continued

financial interest in Diamond Peak Investments LLC 41. 42. 43. This is a material defect, and is likely to mislead voters. This material defect is not readily apparent from the face of the document. Josephs therefore filed her SFI in bad faith, and she should not be permitted to

amend this glaring defect. 44. Josephs did not file her SFI to the best of her knowledge, information, and belief,

and Section 1104(b)(3) of the Ethics Act requires that she be removed from the May 20, 2014 primary ballot.1

JOSEPHS DID NOT SUBMIT 300 VALID SIGNATURES ON HER NOMINATING PETITIONS, AND MUST BE REMOVED FROM THE BALLOT 45. Section 908 of the Election Code, 25 P.S. 2868, lists the requirements for each

signer of a Nomination Petition. Each signer must: a) b) c) sign but one such petition for each office to be filled; declare therein that he is a registered and enrolled member of the party designated in such petition; declare therein that he is a qualified elector of the county therein named, and in case the nomination is not to be made or candidates are not to be elected by the electors of the State at large, of the political district therein named, in which the nomination is to be made or the election is to be held; add his residence, giving city, borough or township, with street and number, if any, and shall legibly print his name and add the date of signing, expressed in words or numbers. Provided, however, that if the said political district named in the petition lies within any city, borough or township, or is coextensive with same, it shall not be necessary for any

d)

Josephs has also failed to file a 2013 year-end campaign finance report for her authorized political committee, Committee to Elect Babette Josephs (ID# 8100299), in violation of state law. However, Objectors do not understand this to be a fatal defect.

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signer of a nomination petition to state therein the city, borough or township of his residence. 46. Section 909 of the Election Code, 25 P.S. 2869, lists the requirements for each

circulator of a nominating petition. Each circulator must provide his or her residence, including city, with street and number, and affirm via affidavit as follows: a) b) that the circulator is a qualified elector; that the circulator is duly registered and enrolled as a member of the designated party of the State, or of the political district, as the case may be, referred to in said petition; that the signers thereto signed with full knowledge of the contents of the petition; that each signers respective residence is correctly stated therein; that each signer resides in the county named in the affidavit; that each signer signed on the date set opposite his or her name; and to the best of the circulators knowledge and belief, each signer is a qualified elector, duly registered and enrolled in the designated party and district.

c) d) e) f)

47.

Having thoroughly reviewed the Petitions attached as Exhibit A, Objectors assert

that Josephs has failed to meet the requirement of presenting 300 valid signatures of qualified Democratic electors resident in the 182nd Legislative District, collected by circulators who themselves are legally qualified to do so.. 48. In sum, needing to present only 300 signatures while submitting 599

signatures, Josephs has filed only 119 legally valid signatures. Fully 480 are defective in at least one way, and often in multiple ways. 49. Exhibit E to this Petition is a spreadsheet prepared pursuant to this Courts March

10, 2014 Order in In re Objections to Nomination Petitions for Statewide Office, No. 126 Misc. Dkt. No. 3, listing by line and number the specific signatures being objected to, applying the following codes:

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NR = Not Registered NRA = Not Registered at Address NRDS = Not Registered on Date Signed OC = Out of County Ill = Illegible LIO = Line Information Omitted DUP = Duplicate IHA = Line Information in Hand of Another N/I = Nickname/Initial PRI = Printed Signature DCA = Defective Circulator Affidavit SAC = Signed After Circulators Affidavit Dated Other = Any ground for objection not listed above Indisputably Defective Signatures 50. Many of the signatures gathered are defective on grounds that are easily assessed

by the Court, being either facially defective or which can be confirmed by a glance at the data on the Commonwealths SURE system. These signatures fall into one or more of the following categories: 51. Signer Not Registered. Upon information and belief, the 137 signatures in

Exhibit E with code NR represent signers who are not registered to vote as Democrats in the 182nd Legislative District, plus 2 signers with code NRDS as not being registered to vote as of the date of signing, and who thus are not qualified to sign nomination petitions pursuant to 25 P.S. 2937. 52. Signer Not Registered To Vote At Address. Upon information and belief, the 37

signatures in Exhibit E with code NRA represent signers who are not registered to vote in the Commonwealth of Pennsylvania at the address provided, and who thus are not qualified to sign nomination petitions pursuant to 25 P.S. 2937.

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Signature Line Is Missing Data: Upon information and belief, the 50 signatures

in Exhibit E with code LIO represent signers whose signature line is missing some data required by 25 P.S. 2868, and whose signatures must therefore be stricken as invalid. 54. Defective Circulator Affidavit. Upon information and belief, the 190 signatures

in Exhibit E with code DCA represents signers on a page with a defective circulator affidavit (either a circulator not registered to vote at the address listed, or lacking notarial stamp), and whose signatures must be struck as invalid pursuant to 25 P.S. 2937.2 Additionally Defective Signatures 55. A further number of signatures gathered by Josephs reflect additional errors based

on Objectors review but which will require further testimony or the judgment of the Court in order to confirm the invalidity of these lines. 56. Information in the Hand of Another: Upon information and belief, the 231

signatures in Exhibit E with code IHA represent purported signers whose signature lines contain at least some information which appears to have been provided by someone other than the signer, contrary to the dictates required by 25 P.S. 2868, and whose signatures must therefore be stricken as invalid. This includes the entireties of pages 1-5 of the petitions, which appear even to the naked eye, and certainly in comparison to the signatures available in the voter file, be wholly falsified. 57. Nickname/Initial: Upon information and belief, the 23 signatures in Exhibit E

with code N/I represent signers whose given name does not reflect the name under which he or
2

On pages 3, 5, and 6, the Brian Falkner circulator affidavits list his address as 1711 Bainbridge Street. On pages 7, 8, and 9, Falkner is listed as living at 1211 Bainbridge Street. Neither is the address at which he is registered to vote. Indeed, 1711 Bainbridge Street is not a residential address at all; it is the New Light Beulah Baptist Church.

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she is registered to vote or an obvious diminutive nickname, which therefore requires that the signature must be struck as invalid pursuant to 25 P.S. 2937. 58. Signature Printed: Upon information and belief, the 10 signatures in Exhibit E

with code PRI represent signers who printed their names in the signature block and failed to sign the nomination petitions, which requires that the line must be struck as invalid pursuant to 25 P.S. 2937. 59. Illegible Information: Upon information and belief, the 117 signatures in Exhibit

E with code ILL represent signers whose information was not written in a way such that it could not be verified, including illegible signatures, which requires that the line must be struck as invalid pursuant to 25 P.S. 2937. 60. 61. In all, 480 signatures must be stricken as invalid on all the aforementioned bases. Other: To the extent not covered by the above-listed objections, Objections file a

global objection against every line on every page circulated by Kenneth White or Brian Falkner. The egregious and blatant misconduct and forgery on pages 1-5 and elsewhere call into serious question the validity of the affidavits they signed on other pages, as to whether they actually circulated any pages in the manner required by law. While recognizing the current status of global objections under Commonwealth law, Objectors nevertheless believe that the facts as developed at trial will warrant removing all remaining lines allegedly gathered by White and Falkner based on the pervasiveness of their circulation fraud and the possible involvement of campaign staff in perpetrating it. 62. Having presented 119 valid signatures, not even counting the global objections,

needing 300, Josephs has not qualified under the terms of the Election Code to appear on the May 20 Democratic Primary ballot.

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RELIEF 63. Pursuant to 25 P.S. 2937, Objectors hereby object to the nomination papers of

Babette Josephs, are prepared to substantiate these objections via testimony and evidence presented at a prompt hearing as mandated by 25 P.S. 2937, and seek to have the Josephs nomination papers set aside in accordance with the governing law and Josephs removed from the May 20 ballot as a candidate for the Pennsylvania State House for the 182nd Legislative District, in addition to all other relief in law and equity which may be deemed just, including costs.

Respectfully submitted,

By: Adam C. Bonin, Esq. adam@boninlaw.com Attorney I.D. No. 80929 The Law Office of Adam C. Bonin 1900 Market Street, 4th Floor Philadelphia, Pennsylvania 19103 Telephone: (215) 864-8002 Facsimile: (215) 701-2321

Attorney for Objectors Dated: March 18, 2014

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VERIFICATION

I, ____________________________, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief, and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities.

__________________________________ Signature

___________________________________ Date

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CERTIFICATE OF SERVICE I, Adam C. Bonin, hereby affirm that on this date, the 18th of March, 2014, I caused to be hand-delivered a true and correct copy of this petition to Carol Aichele, Secretary of the Commonwealth, North Office Building, Harrisburg, PA 17120, pursuant to 25 P.S. 2937. In addition, a courtesy copy of this petition is being sent today via hand delivery and email to Babette Josephs, 1939 Waverly Street, Philadelphia, PA 19146, email address (per her Candidate Affidavit) babette.josephs@gmail.com.

___________________________________ Adam C. Bonin

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