PRINTER'S NO. 439
No. 389 Session of 1983
INTRODUCED BY GALLEN AND FRYER, MARCH 15, 1983
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 15, 1983
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," further providing for the affidavits of
12 candidates; and prohibiting the filing of certain nomination
13 papers or petitions.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 910 of the act of June 3, 1937 (P.L.1333,
17 No.320), known as the Pennsylvania Election Code, amended July
18 11, 1980 (P.L.591, No.127), is amended to read:
19 Section 910. Affidavits of Candidates.--Each candidate for
20 any State, county, city, borough, incorporated town, township,
21 ward, school district, poor district, election district, party
22 office, party delegate or alternate, or for the office of United
23 States Senator or Representative in Congress, shall file with
1 his nomination petition his affidavit stating--(a) his
2 residence, with street and number, if any, and his post-office
3 address; (b) his election district, giving city, borough, town
4 or township; (c) the name of the office for which he consents to
5 be a candidate and that he is a candidate for only one public
6 office; (d) that he is eligible for such office; (e) that he
7 will not knowingly violate any provision of this act, or of any
8 law regulating and limiting nomination and election expenses and
9 prohibiting corrupt practices in connection therewith; (f)
10 unless he is a candidate for judge of a court of record, or for
11 the office of school director in a district where that office is
12 elective or for the office of justice of the peace that he is
13 not a candidate for nomination for the same office of any party
14 other than the one designated in such petition; (g) if he is a
15 candidate for a delegate, or alternate delegate, member of State
16 committee, National committee or party officer, that he is a
17 registered and enrolled member of the designated party; (h) if
18 he is a candidate for delegate or alternate delegate the
19 presidential candidate to whom he is committed or the term
20 "uncommitted"; and (i) that he is aware of the provisions of
21 section 1626 of this act requiring pre-election and post-
22 election reporting of campaign contributions and expenditures.
23 In cases of petitions for delegate and alternate delegate to
24 National conventions, the candidate's affidavit shall state that
25 his signature to the delegate's statement, as hereinafter set
26 forth, if such statement is signed by said candidate, was
27 affixed to the sheet or sheets of said petition prior to the
28 circulation of same. In the case of a candidate for nomination
29 as President of the United States, it shall not be necessary for
30 such candidate to file the affidavit required in this section to
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1 be filed by candidates, but the post-office address of such
2 candidate shall be stated in such nomination petition.
3 Section 2. The first paragraph of section 976 of the act,
4 amended June 27, 1974 (P.L.413, No.146) and repealed in part
5 April 28, 1978 (P.L.202, No.53), is amended to read:
6 Section 976. Examination of Nomination Petitions,
7 Certificates and Papers; Return of Rejected Nomination
8 Petitions, Certificates and Papers.--When any nomination
9 petition, nomination certificate or nomination paper is
10 presented in the office of the Secretary of the Commonwealth or
11 of any county board of elections for filing within the period
12 limited by this act, it shall be the duty of the said officer or
13 board to examine the same. No nomination petition, nomination
14 paper or nomination certificate shall be permitted to be filed
15 if--(a) it contains material errors or defects apparent on the
16 face thereof, or on the face of the appended or accompanying
17 affidavits; or (b) it contains material alterations made after
18 signing without the consent of the signers; or (c) it does not
19 contain a sufficient number of signatures as required by law;
20 Provided, however, That the Secretary of the Commonwealth or the
21 county board of elections, although not hereby required so to
22 do, may question the genuineness of any signature or signatures
23 appearing thereon, and if he or it shall thereupon find that any
24 such signature or signatures are not genuine, such signature or
25 signatures shall be disregarded in determining whether the
26 nomination petition, nomination paper or nomination certificate
27 contains a sufficient number of signatures as required by law;
28 or (d) in the case of nomination petitions, if nomination
29 petitions have been filed for printing the name of the same
30 person for the same office, except the office of judge of a
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1 court of record, or the office of school director in districts
2 where that office is elective or the office of justice of the
3 peace upon the official ballot of more than one political party;
4 or (e) in the case of nomination papers, if the candidate named
5 therein has filed a nomination petition for any public office
6 for the ensuing primary, or has been nominated for any such
7 office by nomination papers previously filed; or (f) if the
8 nomination petitions or papers are not accompanied by the filing
9 fee or certified check required for said office; or (g) in the
10 case of nomination papers, the appellation set forth therein is
11 identical with or deceptively similar to the words used by any
12 existing party or by any political body which has already filed
13 nomination papers for the same office, or if the appellation set
14 forth therein contains part of the name, or an abbreviation of
15 the name or part of the name of an existing political party, or
16 of a political body which has already filed nomination papers
17 for the same office; or (h) in the case of nomination petitions,
18 no candidate may file more than one set of petitions which would
19 permit such candidate to be nominated for more than one office
20 at the ensuing primary, except offices of political parties or
21 delegates or alternates to party conventions or presidential
22 races. In the event a petition has been filed and the candidate
23 wishes to seek a different office, he may do so provided the
24 original petition is withdrawn prior to the second petition
25 being accepted by the Secretary of the Commonwealth or county
26 board of election, within the time required by law for filing.
27 The invalidity of any sheet of a nomination petition or
28 nomination paper shall not affect the validity of such petition
29 or paper if a sufficient petition or paper remains after
30 eliminating such invalid sheet. The action of said officer or
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1 board in refusing to receive and file any such nomination
2 petition, certificate or paper, may be reviewed by the court
3 upon an application to compel its reception as of the date when
4 it was presented to the office of such officer or board:
5 Provided, however, That said officer or board shall be entitled
6 to a reasonable time in which to examine any petitions,
7 certificates or papers, and to summon and interrogate the
8 candidates named therein, or the persons presenting said
9 petitions, certificates or papers, and his or their retention of
10 same for the purpose of making such examination or interrogation
11 shall not be construed as an acceptance or filing.
12 * * *
13 Section 3. This act shall take effect immediately.
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