PRINTER'S NO. 1014

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 928 Session of 1979


        INTRODUCED BY FISCHER, MARCH 28, 1979

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 28, 1979

                                     AN ACT

     1  Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
     2     "An act concerning elections, including general, municipal,
     3     special and primary elections, the nomination of candidates,
     4     primary and election expenses and election contests; creating
     5     and defining membership of county boards of elections;
     6     imposing duties upon the Secretary of the Commonwealth,
     7     courts, county boards of elections, county commissioners;
     8     imposing penalties for violation of the act, and codifying,
     9     revising and consolidating the laws relating thereto; and
    10     repealing certain acts and parts of acts relating to
    11     elections," eliminating the filing fee for the office of
    12     delegate to a National party convention and further providing
    13     for questions.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Subsection (b) of section 913, act of June 3,
    17  1937 (P.L.1333, No.320), known as the "Pennsylvania Election
    18  Code," amended May 16, 1951 (P.L.302, No.62) and repealed in
    19  part April 28, 1978 (No.53), is amended to read:
    20     Section 913.  Place and Time of Filing Nomination Petitions;
    21  Filing Fees.--* * *
    22     (b)  Each person filing any nomination petition shall pay,
    23  for each petition, at the time of filing, a filing fee to be
    24  determined as follows, and no nomination petition shall be

     1  accepted or filed, unless and until such filing fee is paid by a
     2  certified check or money order or also by cash when filed with
     3  the county board. Whenever a petition is to be filed with the
     4  county board, the person filing the same shall pay the filing
     5  fee in cash or by a certified check or money order to the county
     6  board. All moneys paid on account of filing fees shall be
     7  transmitted by the county board to the county treasurer and
     8  shall become part of the General Fund. Certified checks or money
     9  orders in payment of filing fees shall be made payable to the
    10  Commonwealth of Pennsylvania or to the county, as the case may
    11  be, and shall be transmitted to the State Treasurer or to the
    12  county treasurer, and shall become part of the General Fund:
    13     1.  If for the office of President of the United States, or
    14  for any public office to be filled by the electors of the State
    15  at large, the sum of fifty dollars ($50.00).
    16     2.  If for the office of Representative in Congress, or judge
    17  of a court of record, excepting judges to be voted for by the
    18  electors of the State at large, the sum of thirty-five dollars
    19  ($35.00).
    20     3.  If for the offices of senator or representative in the
    21  General Assembly, or for any office to be filled by the electors
    22  of an entire county, other than jury commissioner or prison
    23  inspector or county auditor in counties of the eighth class, the
    24  sum of twenty-five dollars ($25.00); if for the office of jury
    25  commissioner, the sum of ten dollars ($10.00); if for the office
    26  of county auditor, in counties of the eighth class, the sum of
    27  five dollars ($5.00); if for the office of prison inspector, the
    28  sum of two dollars ($2.00); if for the office of district
    29  councilman in a city of the first class, the sum of twenty-five
    30  dollars ($25.00); if for any office to be filled by the electors
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     1  of an entire city, the following sums: if in a city of the first
     2  or second class, twenty-five dollars ($25.00); if in a city of
     3  the second class A, fifteen dollars ($15.00); and if in a city
     4  of the third class, ten dollars ($10.00).
     5     4.  If for any borough, town, township of the first class,
     6  school district or poor district office, not otherwise provided
     7  for, the sum of two dollars ($2.00).
     8     6.  If for the office of [delegate or alternate delegate to
     9  National party convention, or] member of National committee or
    10  member of State committee, the sum of ten dollars ($10.00).
    11     8.  If for the office of justice of the peace or constable,
    12  the sum of two dollars ($2.00).
    13     9.  If for the office of township auditor or road supervisor,
    14  the sum of one dollar ($1.00).
    15     Provided, however, That no filing fee shall be paid for a
    16  nomination petition for any public office for which no
    17  compensation is provided by law, nor for any nomination petition
    18  for any public officer in any township of the second class.
    19     * * *
    20     Section 2.  Subsection (g) of section 1003 of the act,
    21  amended April 24, 1947 (P.L.68, No.33), is amended to read:
    22     Section 1003.  Form of Official Election Ballot.--
    23     * * *
    24     (g)  The official ballots shall vary in form only as the
    25  names of districts, offices, candidates or the provisions of
    26  this act may require. When constitutional amendments or other
    27  questions are submitted to a vote of the electors, each
    28  amendment or other question so submitted may be printed upon the
    29  ballot below the groups of candidates for the various offices,
    30  and, when required by law, shall be so printed. Constitutional
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     1  amendments so submitted shall be printed in brief form, to be
     2  determined by the Secretary of the Commonwealth, and other
     3  questions so submitted shall be printed in brief form, to be
     4  determined by the Secretary of the Commonwealth in the case of
     5  questions to be voted on by the electors of the State at large,
     6  and by the county boards in other cases. To the right of each
     7  question there shall be placed the words "yes" and "no,"
     8  together with appropriate squares to the right of each for the
     9  convenient insertion of a cross mark. The decision of a majority
    10  of the electorate expressed in response to such questions shall
    11  be binding upon the political subdivision or subdivisions in
    12  which the question is presented to the electors.
    13     Section 3.  This act shall take effect immediately.












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