True copy requirement in election petitions: omission of affidavit attestation is a material defect and not curable by substantial compliance.

An election petition alleging corrupt practice must be accompanied by a prescribed affidavit, and the served copy must be a true copy of the petition including the affidavit's attestation or verification. Omission of the notary or other prescribed attestation is a material defect because it may mislead the returned candidate about whether the allegations were duly sworn in the required form. In such matters, strict statutory safeguards apply and the doctrine of substantial compliance does not cure a vital omission affecting the character of the copy. The defect therefore goes to maintainability and attracts dismissal at the threshold.

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Issues: Whether an election petition accompanied by a copy of the supporting affidavit that omits the notary or prescribed attestation can be treated as a true copy under the election law requirements, and whether such omission is curable by invoking substantial compliance.

Analysis: The statutory scheme requires an election petition alleging corrupt practice to be accompanied by an affidavit in the prescribed form, and every served copy must be a true copy of the petition. The supporting affidavit is an integral part of the election petition. A copy that omits the attestation or verification by the notary or other prescribed authority may mislead the returned candidate in a material particular, because it fails to that the allegations were duly sworn or affirmed in the prescribed manner. In matters involving corrupt practice, the statutory safeguards are strict and the doctrine of substantial compliance cannot be extended to cover a vital omission that affects the character of the copy served. Such a defect is not a mere curable irregularity; it goes to the maintainability of the petition and attracts dismissal at the threshold.

Conclusion: The omission of the notary or prescribed attestation in the copy served rendered it not a true copy, the election petition was not maintainable, and dismissal of the petitions was upheld.

Ratio Decidendi: Where the law requires an election petition alleging corrupt practice to be accompanied by a prescribed affidavit, the served copy must include the affidavit and its attestation in order to be a true copy; omission of such a vital part is a material defect that defeats maintainability and is not cured by substantial compliance.

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