SENATE AMENDED
PRIOR PRINTER'S NOS. 1137, 1835, 1954 PRINTER'S NO. 2501
No. 1000 Session of 1985
INTRODUCED BY COY, OLIVER, NOYE, MANDERINO, STEIGHNER, PETRARCA,
PUNT, McCALL, PIEVSKY, IRVIS, RYAN, CIMINI, PRESSMANN,
STABACK, GALLAGHER, TIGUE, TRELLO, J. L. WRIGHT, LASHINGER,
KENNEY, FISCHER, ITKIN, HERSHEY, COHEN, DIETZ, MAYERNIK,
BELFANTI, D. R. WRIGHT, SIRIANNI, BOOK, NAHILL, OLASZ, DALEY,
KOSINSKI, BLAUM, CIVERA, DAWIDA, PERZEL, FOX, STAIRS, PRATT,
RUDY, PISTELLA, YANDRISEVITS, DUFFY, VAN HORNE, LIVENGOOD,
LUCYK, COWELL, O'DONNELL, VEON, FREEMAN, COLAFELLA, FLICK,
DeLUCA, KASUNIC, WOZNIAK, DeWEESE, BARLEY, MICHLOVIC,
HOWLETT, ACOSTA, J. J. TAYLOR, LEVDANSKY, MRKONIC,
RICHARDSON, COLE, MARKOSEK, HERMAN, BATTISTO, E. Z. TAYLOR,
BELARDI, BALDWIN, BORTNER AND WIGGINS, APRIL 17, 1985
SENATOR STAUFFER, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, AS
AMENDED, NOVEMBER 19, 1985
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," requiring a statement of purpose and explanation
12 to be printed below PREPARED, PUBLISHED AND POSTED FOR any <--
13 ballot question; AND FURTHER PROVIDING FOR THE POWERS AND <--
14 DUTIES OF THE SECRETARY OF THE COMMONWEALTH AND COUNTY BOARDS <--
15 OF ELECTIONS REGARDING REAPPORTIONMENT AND REDISTRICTING. AND <--
16 CERTAIN COURTS; AND ELIMINATING CROSS-FILING FOR JUDGE,
17 JUSTICE OF THE PEACE AND SCHOOL DIRECTORS.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
1 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known <--
2 as the Pennsylvania Election Code, is amended by adding a
3 section to read:
4 SECTION 1. SECTION 201 OF THE ACT OF JUNE 3, 1937 (P.L.1333, <--
5 NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, IS AMENDED TO
6 READ:
7 SECTION 201. POWERS AND DUTIES OF THE SECRETARY OF THE
8 COMMONWEALTH.--THE SECRETARY OF THE COMMONWEALTH SHALL EXERCISE
9 IN THE MANNER PROVIDED BY THIS ACT ALL POWERS GRANTED TO HIM BY
10 THIS ACT, AND SHALL PERFORM ALL THE DUTIES IMPOSED UPON HIM BY
11 THIS ACT, WHICH SHALL INCLUDE THE FOLLOWING:
12 (A) TO DETERMINE, IN ACCORDANCE WITH THE PROVISIONS OF THIS
13 ACT, THE FORMS OF NOMINATION PETITIONS AND PAPERS, EXPENSE
14 ACCOUNTS AND ALL OTHER FORMS AND RECORDS, THE FORM OF WHICH HE
15 IS REQUIRED TO DETERMINE UNDER THE PROVISIONS OF THIS ACT.
16 (B) TO EXAMINE AND REEXAMINE VOTING MACHINES, AND TO APPROVE
17 OR DISAPPROVE THEM FOR USE IN THIS STATE, IN ACCORDANCE WITH THE
18 PROVISIONS OF THIS ACT.
19 (C) TO CERTIFY TO COUNTY BOARDS OF ELECTIONS FOR PRIMARIES
20 AND ELECTIONS THE NAMES OF THE CANDIDATES FOR PRESIDENT AND
21 VICE-PRESIDENT OF THE UNITED STATES, PRESIDENTIAL ELECTORS,
22 UNITED STATES SENATORS, REPRESENTATIVES IN CONGRESS AND ALL
23 STATE OFFICES, INCLUDING SENATORS, REPRESENTATIVES, AND JUDGES
24 OF ALL COURTS OF RECORD, AND DELEGATES AND ALTERNATE DELEGATES
25 TO NATIONAL CONVENTIONS, AND MEMBERS OF STATE COMMITTEES, AND
26 THE FORM AND WORDING OF CONSTITUTIONAL AMENDMENTS OR OTHER
27 QUESTIONS TO BE SUBMITTED TO THE ELECTORS OF THE STATE AT LARGE.
28 (D) TO RECEIVE AND DETERMINE, AS HEREINAFTER PROVIDED, THE
29 SUFFICIENCY OF NOMINATION PETITIONS, CERTIFICATES AND PAPERS OF
30 CANDIDATES FOR PRESIDENT OF THE UNITED STATES, PRESIDENTIAL
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1 ELECTORS, UNITED STATES SENATORS, REPRESENTATIVES IN CONGRESS
2 AND ALL STATE OFFICES, INCLUDING SENATORS, REPRESENTATIVES AND
3 JUDGES OF ALL COURTS OF RECORD, AND DELEGATES AND ALTERNATE
4 DELEGATES TO NATIONAL CONVENTIONS AND MEMBERS OF STATE
5 COMMITTEES.
6 (E) TO RECEIVE SUCH REPORTS FROM COUNTY BOARDS OF ELECTIONS
7 AS ARE REQUIRED BY THIS ACT, AND TO DEMAND SUCH ADDITIONAL
8 REPORTS ON SPECIAL MATTERS AS HE MAY DEEM NECESSARY.
9 (F) TO RECEIVE FROM COUNTY BOARDS OF ELECTIONS THE RETURNS
10 OF PRIMARIES AND ELECTIONS, TO CANVASS AND COMPUTE THE VOTES
11 CAST FOR CANDIDATES AND UPON QUESTIONS AS REQUIRED BY THE
12 PROVISIONS OF THIS ACT; TO PROCLAIM THE RESULTS OF SUCH
13 PRIMARIES AND ELECTIONS, AND TO ISSUE CERTIFICATES OF ELECTION
14 TO THE SUCCESSFUL CANDIDATES AT SUCH ELECTIONS, EXCEPT IN CASES
15 WHERE THAT DUTY IS IMPOSED BY LAW ON ANOTHER OFFICER OR BOARD.
16 (G) TO SERVE AS THE STATE LIAISON, FOR THE PURPOSE OF
17 MAXIMIZING CONFORMITY BETWEEN CENSUS BLOCK BOUNDARY LINES AND
18 THE COMMONWEALTH'S ELECTION DISTRICTS, WITH THE FEDERAL BUREAU
19 OF THE CENSUS AND TO PROVIDE SUCH ASSISTANCE AS IS NECESSARY TO
20 ASSURE TO THE GENERAL ASSEMBLY THE AVAILABILITY OF ELECTION
21 DISTRICT POPULATIONS FROM THE FEDERAL BUREAU OF THE CENSUS
22 FOLLOWING THE 1990 CENSUS.
23 [(G)] (H) TO PERFORM SUCH OTHER DUTIES AS MAY BE PRESCRIBED
24 BY LAW.
25 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
26 SECTION 1. THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN <--
27 AS THE PENNSYLVANIA ELECTION CODE, IS AMENDED BY ADDING A
28 SECTION TO READ:
29 Section 201.1. Explanation of Ballot Question.--In addition <--
30 to the other duties imposed by law on him, the Secretary of the
19850H1000B2501 - 3 -
1 Commonwealth shall insure that a statement which indicates the
2 purpose, limitations and effects of the ballot question on the
3 people of the Commonwealth be printed, in plain English,
4 immediately below the official wording of the ballot question.
5 This requirement shall be followed in all ballot questions,
6 including those dealing with constitutional amendments. WHENEVER <--
7 A PROPOSED CONSTITUTIONAL AMENDMENT OR OTHER STATEWIDE BALLOT
8 QUESTION SHALL BE SUBMITTED TO THE ELECTORS OF THE COMMONWEALTH
9 IN REFERENDUM, THE ATTORNEY GENERAL SHALL PREPARE A STATEMENT IN
10 PLAIN ENGLISH WHICH INDICATES THE PURPOSE, LIMITATIONS AND
11 EFFECTS OF THE BALLOT QUESTION ON THE PEOPLE OF THE
12 COMMONWEALTH. THE SECRETARY OF THE COMMONWEALTH SHALL INCLUDE
13 SUCH STATEMENT IN HIS PUBLICATION OF A PROPOSED CONSTITUTIONAL
14 AMENDMENT AS REQUIRED BY ARTICLE XI OF THE CONSTITUTION OF
15 PENNSYLVANIA. THE SECRETARY OF THE COMMONWEALTH SHALL CERTIFY
16 SUCH STATEMENT TO THE COUNTY BOARDS OF ELECTIONS WHO SHALL
17 PUBLISH SUCH STATEMENT AS A PART OF THE NOTICE OF ELECTIONS
18 REQUIRED BY SECTION 1201 OR ANY OTHER PROVISION OF THIS ACT. THE
19 COUNTY BOARD OF ELECTIONS SHALL ALSO REQUIRE THAT AT LEAST THREE
20 COPIES OF SUCH STATEMENT BE POSED POSTED IN OR ABOUT THE VOTING <--
21 ROOM OUTSIDE THE ENCLOSED SPACE WITH THE SPECIMEN BALLOTS AND
22 OTHER INSTITUTIONS INSTRUCTIONS AND NOTICES OF PENALTIES. IN <--
23 ELECTION QUESTIONS WHICH AFFECT ONLY ONE MUNICIPALITY COUNTY OR <--
24 PORTION THEREOF, THE COUNTY BOARD OF ELECTIONS SHALL FULFILL
25 THESE REQUIREMENTS IN THE PLACE OF THE ATTORNEY GENERAL AND THE
26 SECRETARY OF THE COMMONWEALTH.
27 SECTION 3. SECTIONS 501 AND 502 OF THE ACT, AMENDED JULY 11, <--
28 1980 (P.L.600, NO.128), ARE AMENDED TO READ:
29 SECTION 501. TOWNSHIPS, BOROUGHS AND WARDS TO CONSTITUTE
30 ELECTION DISTRICTS.--EACH BOROUGH AND TOWNSHIP, NOT DIVIDED INTO
19850H1000B2501 - 4 -
1 WARDS, AND EACH WARD OF EVERY CITY, BOROUGH AND TOWNSHIP NOW
2 EXISTING OR HEREAFTER CREATED, SHALL CONSTITUTE A SEPARATE
3 ELECTION DISTRICT, UNLESS DIVIDED INTO TWO OR MORE ELECTION
4 DISTRICTS OR FORMED INTO ONE ELECTION DISTRICT, WHICH SHALL THEN
5 BE RENUMBERED, AS HEREINAFTER PROVIDED. ALL ELECTION DISTRICTS
6 NOW EXISTING OR HEREAFTER CREATED SHALL BE NUMERICALLY
7 IDENTIFIED BY THE SECRETARY FOR STATE REPORTING PURPOSES WITHIN
8 EACH MUNICIPALITY BEGINNING NO LATER THAN JANUARY 1, 1986.
9 SECTION 2. SECTION 502 OF THE ACT, AMENDED JULY 11, 1980 <--
10 (P.L.600, NO.128), IS AMENDED TO READ:
11 SECTION 502. COURT TO CREATE NEW ELECTION DISTRICTS.--
12 SUBJECT TO THE PROVISIONS OF SECTION 501 OF THIS ACT, THE COURT
13 OF COMMON PLEAS OF THE COUNTY IN WHICH THE SAME ARE LOCATED, MAY
14 FORM OR CREATE NEW ELECTION DISTRICTS BY DIVIDING OR REDIVIDING
15 ANY BOROUGH, TOWNSHIP, WARD OR ELECTION DISTRICT INTO TWO OR
16 MORE ELECTION DISTRICTS OF COMPACT AND CONTIGUOUS TERRITORY,
17 HAVING BOUNDARIES WITH CLEARLY VISIBLE PHYSICAL FEATURES AND
18 WHOLLY CONTAINED WITHIN ANY LARGER DISTRICT FROM WHICH ANY
19 FEDERAL, STATE, COUNTY, MUNICIPAL OR SCHOOL DISTRICT OFFICERS
20 ARE ELECTED, OR ALTER THE BOUNDS OF ANY ELECTION DISTRICT, OR
21 FORM AN ELECTION DISTRICT OUT OF TWO OR MORE ADJACENT DISTRICTS
22 OR PARTS OF DISTRICTS, OR CONSOLIDATE ADJOINING ELECTION
23 DISTRICTS OR FORM AN ELECTION DISTRICT OUT OF TWO OR MORE
24 ADJACENT WARDS, SO AS TO SUIT THE CONVENIENCE OF THE ELECTORS
25 AND TO PROMOTE THE PUBLIC INTERESTS. ELECTION DISTRICTS SO
26 FORMED SHALL CONTAIN BETWEEN SIX HUNDRED (600) AND EIGHT HUNDRED
27 (800) REGISTERED ELECTORS AS NEARLY AS MAY BE. NO ELECTION
28 DISTRICT SHALL BE FORMED THAT SHALL CONTAIN LESS THAN ONE
29 HUNDRED (100) REGISTERED ELECTORS. IF CHANGES ARE MADE PURSUANT <--
30 TO THIS PARAGRAPH BY PETITION ON OR BEFORE DECEMBER 1, 1986,
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1 SOLELY FOR THE PURPOSE OF CREATING CLEARLY VISIBLE PHYSICAL
2 BOUNDARIES, THE REQUIREMENTS RELATING TO THE APPROPRIATE NUMBER
3 OF ELECTORS IN EACH ELECTION DISTRICT AS PROVIDED IN SECTION 502
4 SHALL NOT APPLY TO SUCH CHANGE. WHEN A SCHOOL DISTRICT CROSSES
5 COUNTY LINES, THE REGIONS OF THE SCHOOL DISTRICT SHALL BE
6 COMPOSED OF CONTIGUOUS ELECTION DISTRICTS.
7 SECTION 4 3. SECTIONS 503 AND 504 OF THE ACT, REENACTED <--
8 APRIL 4, 1945 (P.L.143, NO.64) AND REPEALED IN PART APRIL 28,
9 1978 (P.L.202, NO.53), ARE AMENDED TO READ:
10 SECTION 503. PETITIONS FOR NEW ELECTION DISTRICTS; REFERENCE
11 TO COUNTY BOARD OF ELECTIONS; REPORT.--UPON THE PETITION OF
12 TWENTY REGISTERED ELECTORS OF ANY TOWNSHIP, BOROUGH, WARD OR
13 ELECTION DISTRICT, TO THE COURT OF THE PROPER COUNTY, PRAYING
14 FOR THE DIVISION OR REDIVISION OF SUCH TOWNSHIP, BOROUGH, WARD
15 OR ELECTION DISTRICT INTO TWO OR MORE ELECTION DISTRICTS, OR FOR
16 THE ALTERATION OF THE BOUNDS OF ANY ELECTION DISTRICT, OR FOR
17 THE FORMATION OF ONE OR MORE ELECTION DISTRICTS OUT OF TWO OR
18 MORE EXISTING ELECTION DISTRICTS, OR PARTS THEREOF, OR FOR THE
19 CONSOLIDATION OF ADJOINING ELECTION DISTRICTS, THE SAID COURT
20 SHALL REFER THE SAID PETITION TO THE COUNTY BOARD OF ELECTIONS,
21 WHICH SHALL MAKE A FULL INVESTIGATION OF THE FACTS, AND SHALL
22 REPORT TO THE COURT ITS FINDINGS AND RECOMMENDATIONS AS TO THE
23 DIVISION, REDIVISION, ALTERATION, FORMATION OR CONSOLIDATION OF
24 ELECTION DISTRICTS PRAYED FOR. IF THE COUNTY BOARD SHALL FIND
25 THAT A DIVISION, REDIVISION, ALTERATION, FORMATION OR
26 CONSOLIDATION OF ELECTION DISTRICTS WILL PROMOTE THE CONVENIENCE
27 OF THE ELECTORS AND THE PUBLIC INTERESTS, IT SHALL RECOMMEND A
28 PROPER DIVISION, REDIVISION, ALTERATION, FORMATION OR
29 CONSOLIDATION OF ELECTION DISTRICTS, [AND SHALL ACCOMPANY ITS
30 REPORT WITH A MAP, PLOT OR DRAFT OF THE NEW ELECTION DISTRICT OR
19850H1000B2501 - 6 -
1 DISTRICTS PROPOSED BY IT, IF THE SAME CANNOT BE FULLY DESIGNATED
2 BY NATURAL LINES] WHICH MUST HAVE CLEARLY VISIBLE PHYSICAL
3 BOUNDARIES, AND SHALL ACCOMPANY ITS REPORT WITH A MAP AND A
4 VERBAL DESCRIPTION OF THE BOUNDARIES. SUCH PETITIONS MAY SPECIFY
5 THE BOUNDARIES DESIRED BY THE PETITIONERS, AND MAY BE
6 ACCOMPANIED BY A MAP SETTING FORTH SUCH BOUNDARIES.
7 SECTION 504. PETITIONS BY COUNTY BOARD; ACTION BY COURT ON
8 PETITION OR REPORT.--THE COUNTY BOARD OF ELECTIONS MAY ALSO
9 PETITION THE COURT FOR THE DIVISION OR REDIVISION OF ANY
10 TOWNSHIP, BOROUGH, WARD OR ELECTION DISTRICT INTO TWO OR MORE
11 ELECTION DISTRICTS, OR FOR THE ALTERATION OF THE BOUNDS OF ANY
12 ELECTION DISTRICT, OR FOR THE FORMATION OF ONE OR MORE ELECTION
13 DISTRICTS OUT OF TWO OR MORE EXISTING ELECTION DISTRICTS, OR
14 PARTS THEREOF, OR FOR THE CONSOLIDATION OF ADJOINING ELECTION
15 DISTRICTS, ACCOMPANYING ITS PETITION [BY A DESCRIPTION OF THE
16 PROPOSED NEW ELECTION DISTRICTS AND BY A MAP, PLOT OR DRAFT
17 THEREOF, IF THE SAME CANNOT BE FULLY DESIGNATED BY NATURAL
18 LINES] WITH A MAP AND A VERBAL DESCRIPTION OF THE BOUNDARIES OF
19 THE PROPOSED NEW ELECTION DISTRICTS WHICH MUST HAVE CLEARLY
20 VISIBLE PHYSICAL FEATURES. UPON THE PRESENTATION OF ANY SUCH
21 PETITION BY THE COUNTY BOARD, OR UPON THE FILING BY THE BOARD OF
22 ITS REPORT AND RECOMMENDATIONS AS TO ANY PETITION PRESENTED BY
23 QUALIFIED ELECTORS UNDER THE PROVISIONS OF SECTION 503 OF THIS
24 ACT, THE COURT MAY MAKE SUCH ORDER FOR THE DIVISION, REDIVISION,
25 ALTERATION, FORMATION OR CONSOLIDATION OF ELECTION DISTRICTS, AS
26 WILL, IN ITS OPINION, PROMOTE THE CONVENIENCE OF ELECTORS AND
27 THE PUBLIC INTERESTS: PROVIDED, HOWEVER, THAT THE COURT SHALL
28 NOT MAKE ANY FINAL ORDER FOR THE DIVISION, REDIVISION,
29 ALTERATION, FORMATION OR CONSOLIDATION OF ELECTION DISTRICTS
30 UNTIL AT LEAST TEN DAYS AFTER NOTICE SHALL HAVE BEEN POSTED IN
19850H1000B2501 - 7 -
1 AT LEAST FIVE PUBLIC AND CONSPICUOUS PLACES IN THE DISTRICT OR
2 DISTRICTS TO BE AFFECTED THEREBY, ONE OF WHICH NOTICES SHALL BE
3 POSTED ON OR IN THE IMMEDIATE VICINITY OF THE POLLING PLACE IN
4 EACH SUCH DISTRICT. SUCH NOTICE SHALL STATE IN BRIEF FORM THE
5 DIVISION, REDIVISION, ALTERATION, FORMATION OR CONSOLIDATION OF
6 ELECTION DISTRICTS RECOMMENDED BY THE COUNTY BOARD, AND THE DATE
7 UPON WHICH THE SAME WILL BE CONSIDERED BY THE COURT, AND SHALL
8 CONTAIN A WARNING THAT ANY PERSON OBJECTING THERETO MUST FILE
9 HIS OBJECTIONS WITH THE CLERK OF THE COURT PRIOR TO SUCH DATE.
10 UPON THE MAKING OF ANY SUCH FINAL ORDER BY THE COURT, A COPY
11 THEREOF SHALL BE CERTIFIED BY THE CLERK TO THE COUNTY BOARD OF
12 ELECTIONS.
13 SECTION 5 4. SECTION 532(A) OF THE ACT, REENACTED AND <--
14 AMENDED NOVEMBER 23, 1976 (P.L.1124, NO.236), IS AMENDED TO
15 READ:
16 SECTION 532. WARDS IN CITIES OF THE FIRST CLASS MAY BE
17 CREATED, DIVIDED, REALIGNED, OR CONSOLIDATED.--
18 (A) WARDS IN A CITY OF THE FIRST CLASS MAY BE CREATED,
19 DIVIDED, REALIGNED OR CONSOLIDATED, ALONG CLEARLY VISIBLE
20 PHYSICAL BOUNDARIES, BY THE COURT OF COMMON PLEAS OF THE COUNTY
21 IN WHICH SAID CITY IS LOCATED, UPON APPLICATION THERETO FOR
22 THOSE PURPOSES BY THE PETITION OF AT LEAST A TOTAL OF ONE
23 HUNDRED QUALIFIED ELECTORS FROM THE WARD OR WARDS SOUGHT TO BE
24 AFFECTED, OR OF THE COUNCIL OF SUCH CITY.
25 * * *
26 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
27 SECTION 533. DUTIES AND RESPONSIBILITIES OF THE SECRETARY
28 AND THE COUNTY BOARDS OF ELECTIONS FOR THE 1990 REAPPORTIONMENT
29 AND REDISTRICTING.--(A) BY SEPTEMBER 1, 1985, THE SECRETARY
30 SHALL SEND TO EACH COUNTY BOARD OF ELECTIONS COPIES OF THE 1980
19850H1000B2501 - 8 -
1 CENSUS MAPS WITH EACH CENSUS BLOCK CLEARLY MARKED. BY JANUARY 1,
2 1986, THE COUNTY BOARDS SHALL RETURN TO THE SECRETARY THOSE SAME
3 MAPS UPON WHICH HAVE BEEN DRAWN ALL ELECTION DISTRICT LINES,
4 ALONG WITH A WRITTEN DESCRIPTION OF THE GEOGRAPHIC BOUNDARIES OF
5 EACH DISTRICT, A NOTATION AS TO WHICH BOUNDARIES DO NOT COINCIDE
6 WITH CLEARLY VISIBLE PHYSICAL FEATURES, AND RECOMMENDATIONS FOR
7 CHANGES IN ELECTION DISTRICT BOUNDARIES TO BRING SUCH BOUNDARIES
8 INTO COMPLIANCE WITH THIS ACT. UPON RECEIPT, THE SECRETARY SHALL
9 REVIEW THOSE BOUNDARY LINES WHICH DO NOT COINCIDE WITH CLEARLY
10 VISIBLE PHYSICAL FEATURES AND THE RECOMMENDATIONS FOR BOUNDARY
11 CHANGES TO COINCIDE WITH CLEARLY VISIBLE PHYSICAL FEATURES AND
12 CONFER WITH THE REGIONAL CENSUS BUREAU AND THE COUNTY BOARDS TO
13 RESOLVE DIFFERENCES. THE SECRETARY SHALL ATTEMPT TO HAVE THE
14 CENSUS BUREAU DRAW BLOCK LINES IN ACCORDANCE WITH THE
15 RECOMMENDATIONS OF THE COUNTY BOARDS PROVIDED THAT SUCH
16 RECOMMENDATIONS ARE IN ACCORDANCE WITH THE PROVISIONS OF THIS
17 ACT. NO LATER THAN JULY 1, 1986, THE SECRETARY SHALL INFORM THE
18 COUNTY BOARDS THAT THE RECOMMENDED CHANGES AND ANY RESOLVED
19 DIFFERENCES HAVE BEEN APPROVED BY THE SECRETARY. THE COUNTY
20 BOARDS SHALL PETITION THE APPROPRIATE COURT OF COMMON PLEAS FOR
21 ALTERATION OF THE BOUNDARIES WHERE NECESSARY, EFFECTIVE
22 IMMEDIATELY FOLLOWING THE GENERAL ELECTION IN 1986, AS
23 HEREINAFTER PRESCRIBED. THE SECRETARY SHALL COMPENSATE THE
24 COUNTY BOARDS FOR THE ADDITIONAL WORK REQUIRED ON A PER CAPITA
25 BASIS AT A RATE TO BE DETERMINED BY THE SECRETARY AND IN
26 ACCORDANCE WITH ANY APPROPRIATION THEREFOR. SHOULD THE COUNTY
27 BOARDS FAIL TO SUBMIT MAPS, DESCRIPTIONS OR RECOMMENDATIONS BY
28 JANUARY 1, 1986, OR SHOULD RESOLUTION OF THE NECESSARY BOUNDARY
29 CHANGES NOT BE POSSIBLE BY JULY 1, 1986, THE SECRETARY IS HEREBY
30 AUTHORIZED TO ASCERTAIN WHICH ELECTION DISTRICT BOUNDARIES DO
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1 NOT CONFORM WITH THIS ACT AND ON OR BEFORE DECEMBER 1, 1986,
2 PETITION THE COMMONWEALTH COURT, WITH NOTICE TO THE COUNTY
3 BOARDS, TO ALTER SUCH BOUNDARIES IN ORDER TO BRING THEM INTO
4 COMPLIANCE. THE COUNTY BOARDS SHALL HAVE STANDING TO INTERVENE
5 IN ANY SUCH ACTION FOR PURPOSES OF CHALLENGING ANY BOUNDARY
6 RECOMMENDATIONS MADE BY THE SECRETARY AND FILING ANY ALTERNATIVE
7 RECOMMENDATIONS SO LONG AS SUCH RECOMMENDATIONS COMPLY WITH THE
8 PROVISIONS OF THIS ACT.
9 (B) NO ELECTION DISTRICT SHALL BE CREATED, DIVIDED,
10 ABOLISHED OR CONSOLIDATED OR THE BOUNDARIES THEREIN CHANGED
11 BETWEEN JULY 1, 1988, AND DECEMBER 1, 1992, EXCEPT THAT AN
12 ELECTION DISTRICT MAY BE DIVIDED OR TWO OR MORE DISTRICTS MAY BE
13 COMBINED INTO ONE SO LONG AS THE BOUNDARY OF THE NEW COMBINED
14 DISTRICT IS COMPOSED ENTIRELY OF CLEARLY VISIBLE PHYSICAL
15 FEATURES AND THE BOUNDARY OF THE NEW COMBINED DISTRICT IS
16 COMPOSED ENTIRELY OF PORTIONS OF THE ORIGINAL BOUNDARIES OF THE
17 PRECINCTS WHICH WERE COMBINED AND THE NUMERICAL IDENTITY OF THE
18 ORIGINAL DISTRICT IS PREFIXED. IF CHANGES IN ELECTION DISTRICTS
19 ARE REQUIRED BETWEEN DECEMBER 1986, AND DECEMBER 1, 1992, THE
20 COUNTY BOARDS SHALL NOTIFY THE SECRETARY OF THE COMMONWEALTH, IN
21 WRITING, AND INCLUDE A MAP AND A DESCRIPTION OF THE PROPOSED
22 GEOGRAPHIC BOUNDARIES OF THE NEW DISTRICTS. NO COUNTY BOARDS
23 SHALL PETITION THE APPROPRIATE COURT OF COMMON PLEAS FOR
24 APPROVAL OF THE NEW ELECTION DISTRICTS UNTIL THE SECRETARY HAS
25 DETERMINED AND CERTIFIED TO THE COUNTY BOARD THAT THE NEW
26 BOUNDARIES HAVE CLEARLY VISIBLE PHYSICAL FEATURES CONFORMING
27 WITH THE PROPOSED CENSUS BLOCKS. IF THE SECRETARY DOES NOT
28 NOTIFY THE COUNTY BOARD OF HIS APPROVAL OR REJECTION OF THE
29 CHANGE, WITHIN THIRTY DAYS OF RECEIPT, ITS CHANGE SHALL BE
30 DEEMED APPROVED.
19850H1000B2501 - 10 -
1 (C) THE SECRETARY SHALL REPORT THE PROGRESS OF THE BLOCK
2 BOUNDARY REVIEW PROJECT MONTHLY TO THE PRESIDENT PRO TEMPORE OF
3 THE SENATE AND TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
4 THE SECRETARY SHALL DELIVER TO THE REAPPORTIONMENT COMMISSION OF
5 THE COMMONWEALTH, WHEN THE COMMISSION IS FORMED, A FULL SET OF
6 MAPS FOR EVERY COUNTY WHICH SHALL INCLUDE ALL THEN CURRENT
7 PRECINCT BOUNDARIES AND CENSUS BLOCKS AND SHALL, AT THIS SAME
8 TIME, MAKE A FINAL REPORT TO THE PRESIDENT PRO TEMPORE OF THE
9 SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
10 SECTION 7. THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED
11 INSOFAR AS THEY ARE INCONSISTENT WITH THE PROVISIONS OF SECTIONS
12 201, 501, 502, 503, 532 AND 533 OF THE ACT AS AMENDED HEREIN:
13 SECTIONS 302 AND 302.1 OF THE ACT OF MARCH 10, 1949 (P.L.30,
14 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
15 ACT OF DECEMBER 13, 1974 (P.L.947, NO.312), KNOWN AS THE
16 MUNICIPAL REAPPORTIONMENT ACT.
17 Section 2 8. This act shall take effect in 60 days
18 IMMEDIATELY. <--
19 SECTION 5. SECTION 630.1 OF THE ACT, ADDED APRIL 18, 1985 <--
20 (P.L.5, NO.4), IS AMENDED TO READ:
21 SECTION 630.1. AFFIDAVITS OF CANDIDATES.--EACH CANDIDATE FOR
22 ANY STATE, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP,
23 SCHOOL DISTRICT OR POOR DISTRICT OFFICE, OR FOR THE OFFICE OF
24 UNITED STATES SENATOR OR REPRESENTATIVE IN CONGRESS, SELECTED AS
25 PROVIDED IN SECTION 630 OF THIS ACT, SHALL FILE WITH THE
26 NOMINATION CERTIFICATE AN AFFIDAVIT STATING--(A) HIS RESIDENCE,
27 WITH STREET AND NUMBER, IF ANY, AND HIS POST-OFFICE ADDRESS; (B)
28 HIS ELECTION DISTRICT, GIVING CITY, BOROUGH, TOWN OR TOWNSHIP;
29 (C) THE NAME OF THE OFFICE FOR WHICH HE CONSENTS TO BE A
30 CANDIDATE; (D) THAT HE IS ELIGIBLE FOR SUCH OFFICE; (E) THAT HE
19850H1000B2501 - 11 -
1 WILL NOT KNOWINGLY VIOLATE ANY PROVISION OF THIS ACT, OR OF ANY
2 LAW REGULATING AND LIMITING ELECTION EXPENSES AND PROHIBITING
3 CORRUPT PRACTICES IN CONNECTION THEREWITH; (F) [UNLESS HE IS A
4 CANDIDATE FOR JUDGE OF A COURT OF RECORD OR FOR THE OFFICE OF
5 SCHOOL BOARD IN A DISTRICT WHERE THAT OFFICE IS ELECTIVE OR FOR
6 THE OFFICE OF JUSTICE OF THE PEACE,] THAT HE IS NOT A CANDIDATE
7 FOR THE SAME OFFICE OF ANY PARTY OR POLITICAL BODY OTHER THAN
8 THE ONE DESIGNATED IN SUCH CERTIFICATE; AND (G) THAT HE IS AWARE
9 OF THE PROVISIONS OF SECTION 1626 OF THIS ACT REQUIRING ELECTION
10 AND POST-ELECTION REPORTING OF CAMPAIGN CONTRIBUTIONS AND
11 EXPENDITURES. IN CASES OF CERTIFICATES FOR CANDIDATES FOR THE
12 GENERAL ASSEMBLY, THE CANDIDATE'S AFFIDAVIT SHALL STATE (1) THAT
13 THE CANDIDATE WILL SATISFY THE ELIGIBILITY REQUIREMENTS
14 CONTAINED IN SECTIONS 5 AND 7 OF ARTICLE II OF THE CONSTITUTION
15 OF PENNSYLVANIA; (2) (I) THAT, IN THE CASE OF A CANDIDATE FOR
16 THE OFFICE OF SENATOR IN THE GENERAL ASSEMBLY, THE CANDIDATE
17 WILL BE TWENTY-FIVE (25) YEARS OF AGE ON OR BEFORE THE FIRST DAY
18 OF THE TERM FOR WHICH THE CANDIDATE SEEKS ELECTION OR (II) THAT,
19 IN THE CASE OF A CANDIDATE FOR THE OFFICE OF REPRESENTATIVE IN
20 THE GENERAL ASSEMBLY, THE CANDIDATE WILL BE TWENTY-ONE (21)
21 YEARS OF AGE ON OR BEFORE THE FIRST DAY OF THE TERM FOR WHICH
22 THE CANDIDATE SEEKS ELECTION; (3) THAT THE CANDIDATE SHALL HAVE
23 BEEN A CITIZEN AND AN INHABITANT OF PENNSYLVANIA FOUR (4) YEARS
24 AND AN INHABITANT OF THE RESPECTIVE DISTRICT ONE (1) YEAR NEXT
25 BEFORE THE ELECTION (UNLESS ABSENT ON THE PUBLIC BUSINESS OF THE
26 UNITED STATES OR OF THIS STATE); AND (4) THAT THE CANDIDATE HAS
27 NOT BEEN CONVICTED OF EMBEZZLEMENT OF PUBLIC MONEYS, BRIBERY,
28 PERJURY OR OTHER INFAMOUS CRIME.
29 SECTION 6. SECTION 909 OF THE ACT, AMENDED DECEMBER 22, 1971
30 (P.L.613, NO.165), IS AMENDED TO READ:
19850H1000B2501 - 12 -
1 SECTION 909. PETITION MAY CONSIST OF SEVERAL SHEETS;
2 AFFIDAVIT OF CIRCULATOR.--SAID NOMINATION PETITION MAY BE ON ONE
3 OR MORE SHEETS, AND DIFFERENT SHEETS MUST BE USED FOR SIGNERS
4 RESIDENT IN DIFFERENT COUNTIES. IF MORE THAN ONE SHEET IS USED,
5 THEY SHALL BE BOUND TOGETHER WHEN OFFERED FOR FILING IF THEY ARE
6 INTENDED TO CONSTITUTE ONE PETITION, AND EACH SHEET SHALL BE
7 NUMBERED CONSECUTIVELY BEGINNING WITH NUMBER ONE, AT THE FOOT OF
8 EACH PAGE. IN CASES OF PETITIONS FOR DELEGATE OR ALTERNATE
9 DELEGATE TO NATIONAL CONVENTIONS, EACH SHEET SHALL CONTAIN A
10 NOTATION INDICATING THE PRESIDENTIAL CANDIDATE TO WHOM HE IS
11 COMMITTED OR THE TERM "UNCOMMITTED." EACH SHEET SHALL HAVE
12 APPENDED THERETO THE AFFIDAVIT OF THE CIRCULATOR OF EACH SHEET,
13 SETTING FORTH--(A) THAT HE OR SHE IS A QUALIFIED ELECTOR DULY
14 REGISTERED AND ENROLLED AS A MEMBER OF THE DESIGNATED PARTY OF
15 THE STATE, OR OF THE POLITICAL DISTRICT, AS THE CASE MAY BE,
16 REFERRED TO IN SAID PETITION[, UNLESS SAID PETITION RELATES TO
17 THE NOMINATION OF A JUDICIAL CANDIDATE IN WHICH EVENT THE
18 CIRCULATOR NEED NOT BE A DULY REGISTERED AND ENROLLED MEMBER OF
19 THE DESIGNATED PARTY]; (B) HIS RESIDENCE, GIVING CITY, BOROUGH
20 OR TOWNSHIP, WITH STREET AND NUMBER, IF ANY; (C) THAT THE
21 SIGNERS THERETO SIGNED WITH FULL KNOWLEDGE OF THE CONTENTS OF
22 THE PETITION; (D) THAT THEIR RESPECTIVE RESIDENCES ARE CORRECTLY
23 STATED THEREIN; (E) THAT THEY ALL RESIDE IN THE COUNTY NAMED IN
24 THE AFFIDAVIT; (F) THAT EACH SIGNED ON THE DATE SET OPPOSITE HIS
25 NAME; AND (G) THAT, TO THE BEST OF AFFIANT'S KNOWLEDGE AND
26 BELIEF, THE SIGNERS ARE QUALIFIED ELECTORS AND DULY REGISTERED
27 AND ENROLLED MEMBERS OF THE DESIGNATED PARTY OF THE STATE, OR OF
28 THE POLITICAL DISTRICT, AS THE CASE MAY BE.
29 SECTION 7. SECTION 910 OF THE ACT, AMENDED APRIL 18, 1985
30 (P.L.5, NO.4), IS AMENDED TO READ:
19850H1000B2501 - 13 -
1 SECTION 910. AFFIDAVITS OF CANDIDATES.--EACH CANDIDATE FOR
2 ANY STATE, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP,
3 WARD, SCHOOL DISTRICT, POOR DISTRICT, ELECTION DISTRICT, PARTY
4 OFFICE, PARTY DELEGATE OR ALTERNATE, OR FOR THE OFFICE OF UNITED
5 STATES SENATOR OR REPRESENTATIVE IN CONGRESS, SHALL FILE WITH
6 HIS NOMINATION PETITION HIS AFFIDAVIT STATING--(A) HIS
7 RESIDENCE, WITH STREET AND NUMBER, IF ANY, AND HIS POST-OFFICE
8 ADDRESS; (B) HIS ELECTION DISTRICT, GIVING CITY, BOROUGH, TOWN
9 OR TOWNSHIP; (C) THE NAME OF THE OFFICE FOR WHICH HE CONSENTS TO
10 BE A CANDIDATE; (D) THAT HE IS ELIGIBLE FOR SUCH OFFICE; (E)
11 THAT HE WILL NOT KNOWINGLY VIOLATE ANY PROVISION OF THIS ACT, OR
12 OF ANY LAW REGULATING AND LIMITING NOMINATION AND ELECTION
13 EXPENSES AND PROHIBITING CORRUPT PRACTICES IN CONNECTION
14 THEREWITH; (F) [UNLESS HE IS A CANDIDATE FOR JUDGE OF A COURT OF
15 RECORD, OR FOR THE OFFICE OF SCHOOL DIRECTOR IN A DISTRICT WHERE
16 THAT OFFICE IS ELECTIVE OR FOR THE OFFICE OF JUSTICE OF THE
17 PEACE] THAT HE IS NOT A CANDIDATE FOR NOMINATION FOR THE SAME
18 OFFICE OF ANY PARTY OTHER THAN THE ONE DESIGNATED IN SUCH
19 PETITION; (G) IF HE IS A CANDIDATE FOR A DELEGATE, OR ALTERNATE
20 DELEGATE, MEMBER OF STATE COMMITTEE, NATIONAL COMMITTEE OR PARTY
21 OFFICER, THAT HE IS A REGISTERED AND ENROLLED MEMBER OF THE
22 DESIGNATED PARTY; (H) IF HE IS A CANDIDATE FOR DELEGATE OR
23 ALTERNATE DELEGATE THE PRESIDENTIAL CANDIDATE TO WHOM HE IS
24 COMMITTED OR THE TERM "UNCOMMITTED"; AND (I) THAT HE IS AWARE OF
25 THE PROVISIONS OF SECTION 1626 OF THIS ACT REQUIRING PRE-
26 ELECTION AND POST-ELECTION REPORTING OF CAMPAIGN CONTRIBUTIONS
27 AND EXPENDITURES. IN CASES OF PETITIONS FOR CANDIDATES FOR THE
28 GENERAL ASSEMBLY, THE CANDIDATE'S AFFIDAVIT SHALL STATE (1) THAT
29 THE CANDIDATE WILL SATISFY THE ELIGIBILITY REQUIREMENTS
30 CONTAINED IN SECTIONS 5 AND 7 OF ARTICLE II OF THE CONSTITUTION
19850H1000B2501 - 14 -
1 OF PENNSYLVANIA; (2) (I) THAT IN THE CASE OF A CANDIDATE FOR THE
2 OFFICE OF SENATOR IN THE GENERAL ASSEMBLY THAT THE CANDIDATE
3 WILL BE TWENTY-FIVE (25) YEARS OF AGE ON OR BEFORE THE FIRST DAY
4 OF THE TERM FOR WHICH THE CANDIDATE SEEKS ELECTION OR (II) THAT
5 IN THE CASE OF A CANDIDATE FOR THE OFFICE OF REPRESENTATIVE IN
6 THE GENERAL ASSEMBLY THAT THE CANDIDATE WILL BE TWENTY-ONE (21)
7 YEARS OF AGE ON OR BEFORE THE FIRST DAY OF THE TERM FOR WHICH
8 THE CANDIDATE SEEKS ELECTION; (3) THAT THE CANDIDATE SHALL HAVE
9 BEEN A CITIZEN AND INHABITANT OF PENNSYLVANIA FOUR (4) YEARS AND
10 AN INHABITANT OF THE RESPECTIVE DISTRICT ONE (1) YEAR NEXT
11 BEFORE THE ELECTION (UNLESS ABSENT ON THE PUBLIC BUSINESS OF THE
12 UNITED STATES OR OF THIS STATE); AND (4) THAT THE CANDIDATE HAS
13 NOT BEEN CONVICTED OF EMBEZZLEMENT OF PUBLIC MONEYS, BRIBERY,
14 PERJURY OR OTHER INFAMOUS CRIME. IN CASES OF PETITIONS FOR
15 DELEGATE AND ALTERNATE DELEGATE TO NATIONAL CONVENTIONS, THE
16 CANDIDATE'S AFFIDAVIT SHALL STATE THAT HIS SIGNATURE TO THE
17 DELEGATE'S STATEMENT, AS HEREINAFTER SET FORTH, IF SUCH
18 STATEMENT IS SIGNED BY SAID CANDIDATE, WAS AFFIXED TO THE SHEET
19 OR SHEETS OF SAID PETITION PRIOR TO THE CIRCULATION OF SAME. IN
20 THE CASE OF A CANDIDATE FOR NOMINATION AS PRESIDENT OF THE
21 UNITED STATES, IT SHALL NOT BE NECESSARY FOR SUCH CANDIDATE TO
22 FILE THE AFFIDAVIT REQUIRED IN THIS SECTION TO BE FILED BY
23 CANDIDATES, BUT THE POST-OFFICE ADDRESS OF SUCH CANDIDATE SHALL
24 BE STATED IN SUCH NOMINATION PETITION.
25 SECTION 8. THE FIRST PARAGRAPH OF SECTION 976 OF THE ACT,
26 AMENDED JUNE 27, 1974 (P.L.413, NO.146) AND REPEALED IN PART
27 APRIL 28, 1978 (P.L.202, NO.53), IS AMENDED TO READ:
28 SECTION 976. EXAMINATION OF NOMINATION PETITIONS,
29 CERTIFICATES AND PAPERS; RETURN OF REJECTED NOMINATION
30 PETITIONS, CERTIFICATES AND PAPERS.--WHEN ANY NOMINATION
19850H1000B2501 - 15 -
1 PETITION, NOMINATION CERTIFICATE OR NOMINATION PAPER IS
2 PRESENTED IN THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH OR
3 OF ANY COUNTY BOARD OF ELECTIONS FOR FILING WITHIN THE PERIOD
4 LIMITED BY THIS ACT, IT SHALL BE THE DUTY OF THE SAID OFFICER OR
5 BOARD TO EXAMINE THE SAME. NO NOMINATION PETITION, NOMINATION
6 PAPER OR NOMINATION CERTIFICATE SHALL BE PERMITTED TO BE FILED
7 IF--(A) IT CONTAINS MATERIAL ERRORS OR DEFECTS APPARENT ON THE
8 FACE THEREOF, OR ON THE FACE OF THE APPENDED OR ACCOMPANYING
9 AFFIDAVITS; OR (B) IT CONTAINS MATERIAL ALTERATIONS MADE AFTER
10 SIGNING WITHOUT THE CONSENT OF THE SIGNERS; OR (C) IT DOES NOT
11 CONTAIN A SUFFICIENT NUMBER OF SIGNATURES AS REQUIRED BY LAW;
12 PROVIDED, HOWEVER, THAT THE SECRETARY OF THE COMMONWEALTH OR THE
13 COUNTY BOARD OF ELECTIONS, ALTHOUGH NOT HEREBY REQUIRED SO TO
14 DO, MAY QUESTION THE GENUINENESS OF ANY SIGNATURE OR SIGNATURES
15 APPEARING THEREON, AND IF HE OR IT SHALL THEREUPON FIND THAT ANY
16 SUCH SIGNATURE OR SIGNATURES ARE NOT GENUINE, SUCH SIGNATURE OR
17 SIGNATURES SHALL BE DISREGARDED IN DETERMINING WHETHER THE
18 NOMINATION PETITION, NOMINATION PAPER OR NOMINATION CERTIFICATE
19 CONTAINS A SUFFICIENT NUMBER OF SIGNATURES AS REQUIRED BY LAW;
20 OR (D) IN THE CASE OF NOMINATION PETITIONS, IF NOMINATION
21 PETITIONS HAVE BEEN FILED FOR PRINTING THE NAME OF THE SAME
22 PERSON FOR THE SAME OFFICE[, EXCEPT THE OFFICE OF JUDGE OF A
23 COURT OF RECORD, OR THE OFFICE OF SCHOOL DIRECTOR IN DISTRICTS
24 WHERE THAT OFFICE IS ELECTIVE OR THE OFFICE OF JUSTICE OF THE
25 PEACE] UPON THE OFFICIAL BALLOT OF MORE THAN ONE POLITICAL
26 PARTY; OR (E) IN THE CASE OF NOMINATION PAPERS, IF THE CANDIDATE
27 NAMED THEREIN HAS FILED A NOMINATION PETITION FOR ANY PUBLIC
28 OFFICE FOR THE ENSUING PRIMARY, OR HAS BEEN NOMINATED FOR ANY
29 SUCH OFFICE BY NOMINATION PAPERS PREVIOUSLY FILED; OR (F) IF THE
30 NOMINATION PETITIONS OR PAPERS ARE NOT ACCOMPANIED BY THE FILING
19850H1000B2501 - 16 -
1 FEE OR CERTIFIED CHECK REQUIRED FOR SAID OFFICE; OR (G) IN THE
2 CASE OF NOMINATION PAPERS, THE APPELLATION SET FORTH THEREIN IS
3 IDENTICAL WITH OR DECEPTIVELY SIMILAR TO THE WORDS USED BY ANY
4 EXISTING PARTY OR BY ANY POLITICAL BODY WHICH HAS ALREADY FILED
5 NOMINATION PAPERS FOR THE SAME OFFICE, OR IF THE APPELLATION SET
6 FORTH THEREIN CONTAINS PART OF THE NAME, OR AN ABBREVIATION OF
7 THE NAME OR PART OF THE NAME OF AN EXISTING POLITICAL PARTY, OR
8 OF A POLITICAL BODY WHICH HAS ALREADY FILED NOMINATION PAPERS
9 FOR THE SAME OFFICE. THE INVALIDITY OF ANY SHEET OF A NOMINATION
10 PETITION OR NOMINATION PAPER SHALL NOT AFFECT THE VALIDITY OF
11 SUCH PETITION OR PAPER IF A SUFFICIENT PETITION OR PAPER REMAINS
12 AFTER ELIMINATING SUCH INVALID SHEET. THE ACTION OF SAID OFFICER
13 OR BOARD IN REFUSING TO RECEIVE AND FILE ANY SUCH NOMINATION
14 PETITION, CERTIFICATE OR PAPER, MAY BE REVIEWED BY THE COURT
15 UPON AN APPLICATION TO COMPEL ITS RECEPTION AS OF THE DATE WHEN
16 IT WAS PRESENTED TO THE OFFICE OF SUCH OFFICER OR BOARD:
17 PROVIDED, HOWEVER, THAT SAID OFFICER OR BOARD SHALL BE ENTITLED
18 TO A REASONABLE TIME IN WHICH TO EXAMINE ANY PETITIONS,
19 CERTIFICATES OR PAPERS, AND TO SUMMON AND INTERROGATE THE
20 CANDIDATES NAMED THEREIN, OR THE PERSONS PRESENTING SAID
21 PETITIONS, CERTIFICATES OR PAPERS, AND HIS OR THEIR RETENTION OF
22 SAME FOR THE PURPOSE OF MAKING SUCH EXAMINATION OR INTERROGATION
23 SHALL NOT BE CONSTRUED AS AN ACCEPTANCE OR FILING.
24 * * *
25 SECTION 9. SECTION 981.1 OF THE ACT, ADDED APRIL 18, 1985
26 (P.L.5, NO.4), IS AMENDED TO READ:
27 SECTION 981.1. AFFIDAVITS OF CANDIDATES.--EACH CANDIDATE FOR
28 ANY STATE, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP,
29 WARD, SCHOOL DISTRICT, POOR DISTRICT OR ELECTION DISTRICT
30 OFFICE, OR FOR THE OFFICE OF UNITED STATES SENATOR OR
19850H1000B2501 - 17 -
1 REPRESENTATIVE IN CONGRESS, SELECTED AS PROVIDED IN SECTIONS 979
2 AND 980 OF THIS ACT, SHALL FILE WITH THE SUBSTITUTED NOMINATION
3 CERTIFICATE AN AFFIDAVIT STATING--(A) HIS RESIDENCE, WITH STREET
4 AND NUMBER, IF ANY, AND HIS POST-OFFICE ADDRESS; (B) HIS
5 ELECTION DISTRICT, GIVING CITY, BOROUGH, TOWN OR TOWNSHIP; (C)
6 THE NAME OF THE OFFICE FOR WHICH HE CONSENTS TO BE A CANDIDATE;
7 (D) THAT HE IS ELIGIBLE FOR SUCH OFFICE; (E) THAT HE WILL NOT
8 KNOWINGLY VIOLATE ANY PROVISION OF THIS ACT, OR OF ANY LAW
9 REGULATING AND LIMITING ELECTION EXPENSES AND PROHIBITING
10 CORRUPT PRACTICES IN CONNECTION THEREWITH; (F) [UNLESS HE IS A
11 CANDIDATE FOR JUDGE OF A COURT OF RECORD OR FOR THE OFFICE OF
12 SCHOOL BOARD IN A DISTRICT WHERE THAT OFFICE IS ELECTIVE OR FOR
13 THE OFFICE OF JUSTICE OF THE PEACE,] THAT HE IS NOT A CANDIDATE
14 FOR THE SAME OFFICE OF ANY PARTY OR POLITICAL BODY OTHER THAN
15 THE ONE DESIGNATED IN SUCH CERTIFICATE; AND (G) THAT HE IS AWARE
16 OF THE PROVISIONS OF SECTION 1626 OF THIS ACT REQUIRING ELECTION
17 AND POST-ELECTION REPORTING OF CAMPAIGN CONTRIBUTIONS AND
18 EXPENDITURES. IN CASES OF CERTIFICATES FOR CANDIDATES FOR THE
19 GENERAL ASSEMBLY, THE CANDIDATE'S AFFIDAVIT SHALL STATE (1) THAT
20 THE CANDIDATE WILL SATISFY THE ELIGIBILITY REQUIREMENTS
21 CONTAINED IN SECTIONS 5 AND 7 OF ARTICLE II OF THE CONSTITUTION
22 OF PENNSYLVANIA; (2) (I) THAT, IN THE CASE OF A CANDIDATE FOR
23 THE OFFICE OF SENATOR IN THE GENERAL ASSEMBLY, THE CANDIDATE
24 WILL BE TWENTY-FIVE (25) YEARS OF AGE ON OR BEFORE THE FIRST DAY
25 OF THE TERM FOR WHICH THE CANDIDATE SEEKS ELECTION OR (II) THAT,
26 IN THE CASE OF A CANDIDATE FOR THE OFFICE OF REPRESENTATIVE IN
27 THE GENERAL ASSEMBLY, THE CANDIDATE WILL BE TWENTY-ONE (21)
28 YEARS OF AGE ON OR BEFORE THE FIRST DAY OF THE TERM FOR WHICH
29 THE CANDIDATE SEEKS ELECTION; (3) THAT THE CANDIDATE SHALL HAVE
30 BEEN A CITIZEN AND AN INHABITANT OF PENNSYLVANIA FOUR (4) YEARS
19850H1000B2501 - 18 -
1 AND AN INHABITANT OF THE RESPECTIVE DISTRICT ONE (1) YEAR NEXT
2 BEFORE THE ELECTION (UNLESS ABSENT ON THE PUBLIC BUSINESS OF THE
3 UNITED STATES OR OF THIS STATE); AND (4) THAT THE CANDIDATE HAS
4 NOT BEEN CONVICTED OF EMBEZZLEMENT OF PUBLIC MONEYS, BRIBERY,
5 PERJURY OR OTHER INFAMOUS CRIME.
6 SECTION 10. SECTIONS 993(A) AND 998(A) AND (B) OF THE ACT,
7 AMENDED JUNE 27, 1974 (P.L.413, NO.146), ARE AMENDED TO READ:
8 SECTION 993. FILLING OF CERTAIN VACANCIES IN PUBLIC OFFICE
9 BY MEANS OF NOMINATION CERTIFICATES AND NOMINATION PAPERS.--(A)
10 IN ALL CASES WHERE A VACANCY SHALL OCCUR FOR ANY CAUSE IN AN
11 ELECTIVE PUBLIC OFFICE, INCLUDING THAT OF JUDGE OF A COURT OF
12 RECORD, AT A TIME WHEN SUCH VACANCY IS REQUIRED BY THE
13 PROVISIONS OF THE CONSTITUTION OR THE LAWS OF THIS COMMONWEALTH
14 TO BE FILLED AT THE ENSUING ELECTION BUT AT A TIME WHEN
15 NOMINATIONS FOR SUCH OFFICE CANNOT BE MADE UNDER ANY OTHER
16 PROVISION OF THIS ACT, NOMINATIONS TO FILL SUCH VACANCIES SHALL
17 BE MADE BY POLITICAL PARTIES IN ACCORDANCE WITH PARTY RULES
18 RELATING TO THE FILLING OF VACANCIES BY MEANS OF NOMINATION
19 CERTIFICATES IN THE FORM PRESCRIBED IN SECTION NINE HUNDRED
20 NINETY-FOUR OF THIS ACT, AND BY POLITICAL BODIES BY MEANS OF
21 NOMINATION PAPERS IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS
22 NINE HUNDRED FIFTY-ONE, NINE HUNDRED FIFTY-TWO AND NINE HUNDRED
23 FIFTY-FOUR OF THIS ACT. NO SUCH NOMINATION CERTIFICATE SHALL
24 NOMINATE ANY PERSON WHO HAS ALREADY BEEN NOMINATED BY ANY OTHER
25 POLITICAL PARTY OR BY ANY POLITICAL BODY FOR THE SAME OFFICE
26 [UNLESS SUCH PERSON IS A CANDIDATE FOR THE OFFICE OF JUDGE OF A
27 COURT OF RECORD OR THE OFFICE OF SCHOOL DIRECTOR IN DISTRICTS
28 WHERE THAT OFFICE IS ELECTIVE OR FOR THE OFFICE OF JUSTICE OF
29 THE PEACE]. NO SUCH NOMINATION PAPERS SHALL NOMINATE ANY PERSON
30 WHO HAS ALREADY BEEN NOMINATED BY ANY POLITICAL PARTY OR BY ANY
19850H1000B2501 - 19 -
1 OTHER POLITICAL BODY FOR ANY OFFICE TO BE FILLED AT THE ENSUING
2 NOVEMBER ELECTION[, UNLESS SUCH PERSON IS A CANDIDATE FOR THE
3 OFFICE OF JUDGE OF A COURT OF RECORD OR THE OFFICE OF SCHOOL
4 DIRECTOR IN DISTRICTS WHERE THAT OFFICE IS ELECTIVE OR FOR THE
5 OFFICE OF JUSTICE OF THE PEACE].
6 * * *
7 SECTION 998. SUBSTITUTED NOMINATIONS TO FILL CERTAIN
8 VACANCIES FOR A NOVEMBER ELECTION.--(A) ANY VACANCY HAPPENING OR
9 EXISTING IN ANY PARTY NOMINATION MADE IN ACCORDANCE WITH THE
10 PROVISIONS OF SECTION NINE HUNDRED NINETY-THREE OF THIS ACT FOR
11 A NOVEMBER ELECTION BY REASON OF THE DEATH OR WITHDRAWAL OF ANY
12 CANDIDATE MAY BE FILLED BY A SUBSTITUTED NOMINATION MADE BY SUCH
13 COMMITTEE AS IS AUTHORIZED BY THE RULES OF THE PARTY TO MAKE
14 NOMINATIONS IN THE EVENT OF VACANCIES ON THE PARTY TICKET, IN
15 THE FORM PRESCRIBED BY SECTION NINE HUNDRED NINETY-FOUR OF THIS
16 ACT. BUT NO SUBSTITUTED NOMINATION CERTIFICATE SHALL NOMINATE
17 ANY PERSON WHO HAS ALREADY BEEN NOMINATED BY ANY OTHER POLITICAL
18 PARTY OR BY ANY POLITICAL BODY FOR THE SAME OFFICE[, UNLESS SUCH
19 PERSON IS A CANDIDATE FOR THE OFFICE OF JUDGE OF A COURT OF
20 RECORD OR FOR THE OFFICE OF SCHOOL DIRECTOR IN DISTRICTS WHERE
21 THAT OFFICE IS ELECTIVE OR FOR THE OFFICE OF JUSTICE OF THE
22 PEACE].
23 (B) IN CASE OF THE DEATH OR WITHDRAWAL OF ANY CANDIDATE
24 NOMINATED BY A POLITICAL BODY FOR AN ELECTION, THE COMMITTEE
25 NAMED IN THE ORIGINAL NOMINATION PAPERS MAY NOMINATE A
26 SUBSTITUTE IN HIS PLACE BY FILING A SUBSTITUTED NOMINATION
27 CERTIFICATE IN THE FORM AND MANNER PRESCRIBED BY SECTION NINE
28 HUNDRED EIGHTY OF THIS ACT. IN THE CASE OF A VACANCY CAUSED BY
29 THE DEATH OF ANY CANDIDATE, SAID NOMINATION CERTIFICATE SHALL BE
30 ACCOMPANIED BY A DEATH CERTIFICATE PROPERLY CERTIFIED. NO
19850H1000B2501 - 20 -
1 SUBSTITUTED NOMINATION CERTIFICATE SHALL NOMINATE ANY PERSON WHO
2 HAS ALREADY BEEN NOMINATED BY ANY POLITICAL PARTY OR BY ANY
3 OTHER POLITICAL BODY FOR ANY OFFICE TO BE FILLED AT THE ENSUING
4 NOVEMBER ELECTION[, UNLESS SUCH PERSON IS A CANDIDATE FOR THE
5 OFFICE OF JUDGE OF A COURT OF RECORD OR FOR THE OFFICE OF SCHOOL
6 DIRECTOR IN DISTRICTS WHERE THAT OFFICE IS ELECTIVE OR FOR THE
7 OFFICE OF JUSTICE OF THE PEACE].
8 * * *
9 SECTION 11. SECTION 1004 OF THE ACT, AMENDED DECEMBER 10,
10 1974 (P.L.835, NO.280), IS AMENDED TO READ:
11 SECTION 1004. FORM OF BALLOTS; PRINTING BALLOTS; STUBS;
12 NUMBERS.--FROM THE LISTS FURNISHED BY THE SECRETARY OF THE
13 COMMONWEALTH UNDER THE PROVISIONS OF SECTIONS 915 AND 984, AND
14 FROM PETITIONS AND PAPERS FILED IN THEIR OFFICE, THE COUNTY
15 ELECTION BOARD SHALL PRINT THE OFFICIAL PRIMARY AND ELECTION
16 BALLOTS IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT: PROVIDED,
17 HOWEVER, THAT IN NO EVENT, SHALL THE NAME OF ANY PERSON
18 CONSENTING TO BE A CANDIDATE FOR NOMINATION FOR ANY ONE OFFICE[,
19 EXCEPT THE OFFICE OF JUDGE OF A COURT OF RECORD, OR THE OFFICE
20 OF SCHOOL DIRECTOR IN DISTRICTS WHERE THAT OFFICE IS ELECTIVE OR
21 THE OFFICE OF JUSTICE OF THE PEACE] BE PRINTED AS A CANDIDATE
22 FOR SUCH OFFICE UPON THE OFFICIAL PRIMARY BALLOT OF MORE THAN
23 ONE PARTY. ALL BALLOTS FOR USE IN THE SAME ELECTION DISTRICT AT
24 ANY PRIMARY OR ELECTION SHALL BE ALIKE. THEY SHALL BE AT LEAST
25 SIX INCHES LONG AND FOUR INCHES WIDE, AND SHALL HAVE A MARGIN
26 EXTENDING BEYOND ANY PRINTING THEREON. THEY SHALL BE PRINTED
27 WITH THE SAME KIND OF TYPE (WHICH SHALL NOT BE SMALLER THAN THE
28 SIZE KNOWN AS "BREVIER" OR "EIGHT POINT BODY") UPON WHITE PAPER
29 OF UNIFORM QUALITY, WITHOUT ANY IMPRESSION OR MARK TO
30 DISTINGUISH ONE FROM ANOTHER, AND WITH SUFFICIENT THICKNESS TO
19850H1000B2501 - 21 -
1 PREVENT THE PRINTED MATTER FROM SHOWING THROUGH. EACH BALLOT
2 SHALL BE ATTACHED TO A STUB, AND ALL THE BALLOTS FOR THE SAME
3 ELECTION DISTRICT SHALL BE BOUND TOGETHER IN BOOKS OF FIFTY, IN
4 SUCH MANNER THAT EACH BALLOT MAY BE DETACHED FROM ITS STUB AND
5 REMOVED SEPARATELY. THE BALLOTS FOR EACH PARTY TO BE USED AT A
6 PRIMARY SHALL BE BOUND SEPARATELY. THE STUBS OF THE BALLOTS
7 SHALL BE CONSECUTIVELY NUMBERED, AND IN THE CASE OF PRIMARY
8 BALLOTS, THE NUMBER SHALL BE PRECEDED BY AN INITIAL OR
9 ABBREVIATION DESIGNATING THE PARTY NAME. THE NUMBER AND INITIAL
10 OR ABBREVIATION WHICH APPEARS UPON THE STUB SHALL ALSO BE
11 PRINTED IN THE UPPER RIGHT HAND CORNER OF THE BACK OF THE
12 BALLOT, SEPARATED FROM THE REMAINDER OF THE BALLOT BY A DIAGONAL
13 PERFORATED LINE SO PREPARED THAT THE UPPER RIGHT HAND CORNER OF
14 THE BACK OF THE BALLOT CONTAINING THE NUMBER MAY BE DETACHED
15 FROM THE BALLOT BEFORE IT IS DEPOSITED IN THE BALLOT BOX AND
16 BESIDE THAT CORNER SHALL ALSO BE PRINTED, "REMOVE NUMBERED STUB
17 IMMEDIATELY BEFORE DEPOSITING YOUR BALLOT IN BALLOT BOX."
18 SECTION 12. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
C18L25JLW/19850H1000B2501 - 22 -