SENATE AMENDED
PRIOR PRINTER'S NOS. 1137, 1835, 1954, PRINTER'S NO. 2676
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
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 11, 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. STATEWIDE JUDICIAL <--
18 CANDIDATES; AND PERMITTING CROSS-FILING FOR CERTAIN MEMBERS
19 OF THE MINOR JUDICIARY.
20 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known <--
3 as the Pennsylvania Election Code, is amended by adding a
4 section to read:
5 SECTION 1. SECTION 201 OF THE ACT OF JUNE 3, 1937 (P.L.1333, <--
6 NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, IS AMENDED TO
7 READ:
8 SECTION 201. POWERS AND DUTIES OF THE SECRETARY OF THE
9 COMMONWEALTH.--THE SECRETARY OF THE COMMONWEALTH SHALL EXERCISE
10 IN THE MANNER PROVIDED BY THIS ACT ALL POWERS GRANTED TO HIM BY
11 THIS ACT, AND SHALL PERFORM ALL THE DUTIES IMPOSED UPON HIM BY
12 THIS ACT, WHICH SHALL INCLUDE THE FOLLOWING:
13 (A) TO DETERMINE, IN ACCORDANCE WITH THE PROVISIONS OF THIS
14 ACT, THE FORMS OF NOMINATION PETITIONS AND PAPERS, EXPENSE
15 ACCOUNTS AND ALL OTHER FORMS AND RECORDS, THE FORM OF WHICH HE
16 IS REQUIRED TO DETERMINE UNDER THE PROVISIONS OF THIS ACT.
17 (B) TO EXAMINE AND REEXAMINE VOTING MACHINES, AND TO APPROVE
18 OR DISAPPROVE THEM FOR USE IN THIS STATE, IN ACCORDANCE WITH THE
19 PROVISIONS OF THIS ACT.
20 (C) TO CERTIFY TO COUNTY BOARDS OF ELECTIONS FOR PRIMARIES
21 AND ELECTIONS THE NAMES OF THE CANDIDATES FOR PRESIDENT AND
22 VICE-PRESIDENT OF THE UNITED STATES, PRESIDENTIAL ELECTORS,
23 UNITED STATES SENATORS, REPRESENTATIVES IN CONGRESS AND ALL
24 STATE OFFICES, INCLUDING SENATORS, REPRESENTATIVES, AND JUDGES
25 OF ALL COURTS OF RECORD, AND DELEGATES AND ALTERNATE DELEGATES
26 TO NATIONAL CONVENTIONS, AND MEMBERS OF STATE COMMITTEES, AND
27 THE FORM AND WORDING OF CONSTITUTIONAL AMENDMENTS OR OTHER
28 QUESTIONS TO BE SUBMITTED TO THE ELECTORS OF THE STATE AT LARGE.
29 (D) TO RECEIVE AND DETERMINE, AS HEREINAFTER PROVIDED, THE
30 SUFFICIENCY OF NOMINATION PETITIONS, CERTIFICATES AND PAPERS OF
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1 CANDIDATES FOR PRESIDENT OF THE UNITED STATES, PRESIDENTIAL
2 ELECTORS, UNITED STATES SENATORS, REPRESENTATIVES IN CONGRESS
3 AND ALL STATE OFFICES, INCLUDING SENATORS, REPRESENTATIVES AND
4 JUDGES OF ALL COURTS OF RECORD, AND DELEGATES AND ALTERNATE
5 DELEGATES TO NATIONAL CONVENTIONS AND MEMBERS OF STATE
6 COMMITTEES.
7 (E) TO RECEIVE SUCH REPORTS FROM COUNTY BOARDS OF ELECTIONS
8 AS ARE REQUIRED BY THIS ACT, AND TO DEMAND SUCH ADDITIONAL
9 REPORTS ON SPECIAL MATTERS AS HE MAY DEEM NECESSARY.
10 (F) TO RECEIVE FROM COUNTY BOARDS OF ELECTIONS THE RETURNS
11 OF PRIMARIES AND ELECTIONS, TO CANVASS AND COMPUTE THE VOTES
12 CAST FOR CANDIDATES AND UPON QUESTIONS AS REQUIRED BY THE
13 PROVISIONS OF THIS ACT; TO PROCLAIM THE RESULTS OF SUCH
14 PRIMARIES AND ELECTIONS, AND TO ISSUE CERTIFICATES OF ELECTION
15 TO THE SUCCESSFUL CANDIDATES AT SUCH ELECTIONS, EXCEPT IN CASES
16 WHERE THAT DUTY IS IMPOSED BY LAW ON ANOTHER OFFICER OR BOARD.
17 (G) TO SERVE AS THE STATE LIAISON, FOR THE PURPOSE OF
18 MAXIMIZING CONFORMITY BETWEEN CENSUS BLOCK BOUNDARY LINES AND
19 THE COMMONWEALTH'S ELECTION DISTRICTS, WITH THE FEDERAL BUREAU
20 OF THE CENSUS AND TO PROVIDE SUCH ASSISTANCE AS IS NECESSARY TO
21 ASSURE TO THE GENERAL ASSEMBLY THE AVAILABILITY OF ELECTION
22 DISTRICT POPULATIONS FROM THE FEDERAL BUREAU OF THE CENSUS
23 FOLLOWING THE 1990 CENSUS.
24 [(G)] (H) TO PERFORM SUCH OTHER DUTIES AS MAY BE PRESCRIBED
25 BY LAW.
26 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
27 SECTION 1. THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN <--
28 AS THE PENNSYLVANIA ELECTION CODE, IS AMENDED BY ADDING A
29 SECTION TO READ:
30 Section 201.1. Explanation of Ballot Question.--In addition <--
19850H1000B2676 - 3 -
1 to the other duties imposed by law on him, the Secretary of the
2 Commonwealth shall insure that a statement which indicates the
3 purpose, limitations and effects of the ballot question on the
4 people of the Commonwealth be printed, in plain English,
5 immediately below the official wording of the ballot question.
6 This requirement shall be followed in all ballot questions,
7 including those dealing with constitutional amendments. WHENEVER <--
8 A PROPOSED CONSTITUTIONAL AMENDMENT OR OTHER STATEWIDE BALLOT
9 QUESTION SHALL BE SUBMITTED TO THE ELECTORS OF THE COMMONWEALTH
10 IN REFERENDUM, THE ATTORNEY GENERAL SHALL PREPARE A STATEMENT IN
11 PLAIN ENGLISH WHICH INDICATES THE PURPOSE, LIMITATIONS AND
12 EFFECTS OF THE BALLOT QUESTION ON THE PEOPLE OF THE
13 COMMONWEALTH. THE SECRETARY OF THE COMMONWEALTH SHALL INCLUDE
14 SUCH STATEMENT IN HIS PUBLICATION OF A PROPOSED CONSTITUTIONAL
15 AMENDMENT AS REQUIRED BY ARTICLE XI OF THE CONSTITUTION OF
16 PENNSYLVANIA. THE SECRETARY OF THE COMMONWEALTH SHALL CERTIFY
17 SUCH STATEMENT TO THE COUNTY BOARDS OF ELECTIONS WHO SHALL
18 PUBLISH SUCH STATEMENT AS A PART OF THE NOTICE OF ELECTIONS
19 REQUIRED BY SECTION 1201 OR ANY OTHER PROVISION OF THIS ACT. THE
20 COUNTY BOARD OF ELECTIONS SHALL ALSO REQUIRE THAT AT LEAST THREE
21 COPIES OF SUCH STATEMENT BE POSED POSTED IN OR ABOUT THE VOTING <--
22 ROOM OUTSIDE THE ENCLOSED SPACE WITH THE SPECIMEN BALLOTS AND
23 OTHER INSTITUTIONS INSTRUCTIONS AND NOTICES OF PENALTIES. IN <--
24 ELECTION QUESTIONS WHICH AFFECT ONLY ONE MUNICIPALITY COUNTY OR <--
25 PORTION THEREOF, THE COUNTY BOARD OF ELECTIONS SHALL FULFILL
26 THESE REQUIREMENTS IN THE PLACE OF THE ATTORNEY GENERAL AND THE
27 SECRETARY OF THE COMMONWEALTH.
28 SECTION 3. SECTIONS 501 AND 502 OF THE ACT, AMENDED JULY 11, <--
29 1980 (P.L.600, NO.128), ARE AMENDED TO READ:
30 SECTION 501. TOWNSHIPS, BOROUGHS AND WARDS TO CONSTITUTE
19850H1000B2676 - 4 -
1 ELECTION DISTRICTS.--EACH BOROUGH AND TOWNSHIP, NOT DIVIDED INTO
2 WARDS, AND EACH WARD OF EVERY CITY, BOROUGH AND TOWNSHIP NOW
3 EXISTING OR HEREAFTER CREATED, SHALL CONSTITUTE A SEPARATE
4 ELECTION DISTRICT, UNLESS DIVIDED INTO TWO OR MORE ELECTION
5 DISTRICTS OR FORMED INTO ONE ELECTION DISTRICT, WHICH SHALL THEN
6 BE RENUMBERED, AS HEREINAFTER PROVIDED. ALL ELECTION DISTRICTS
7 NOW EXISTING OR HEREAFTER CREATED SHALL BE NUMERICALLY
8 IDENTIFIED BY THE SECRETARY FOR STATE REPORTING PURPOSES WITHIN
9 EACH MUNICIPALITY BEGINNING NO LATER THAN JANUARY 1, 1986.
10 SECTION 2. SECTION 502 OF THE ACT, AMENDED JULY 11, 1980 <--
11 (P.L.600, NO.128), IS AMENDED TO READ:
12 SECTION 502. COURT TO CREATE NEW ELECTION DISTRICTS.--
13 SUBJECT TO THE PROVISIONS OF SECTION 501 OF THIS ACT, THE COURT
14 OF COMMON PLEAS OF THE COUNTY IN WHICH THE SAME ARE LOCATED, MAY
15 FORM OR CREATE NEW ELECTION DISTRICTS BY DIVIDING OR REDIVIDING
16 ANY BOROUGH, TOWNSHIP, WARD OR ELECTION DISTRICT INTO TWO OR
17 MORE ELECTION DISTRICTS OF COMPACT AND CONTIGUOUS TERRITORY,
18 HAVING BOUNDARIES WITH CLEARLY VISIBLE PHYSICAL FEATURES AND
19 WHOLLY CONTAINED WITHIN ANY LARGER DISTRICT FROM WHICH ANY
20 FEDERAL, STATE, COUNTY, MUNICIPAL OR SCHOOL DISTRICT OFFICERS
21 ARE ELECTED, OR ALTER THE BOUNDS OF ANY ELECTION DISTRICT, OR
22 FORM AN ELECTION DISTRICT OUT OF TWO OR MORE ADJACENT DISTRICTS
23 OR PARTS OF DISTRICTS, OR CONSOLIDATE ADJOINING ELECTION
24 DISTRICTS OR FORM AN ELECTION DISTRICT OUT OF TWO OR MORE
25 ADJACENT WARDS, SO AS TO SUIT THE CONVENIENCE OF THE ELECTORS
26 AND TO PROMOTE THE PUBLIC INTERESTS. ELECTION DISTRICTS SO
27 FORMED SHALL CONTAIN BETWEEN SIX HUNDRED (600) AND EIGHT HUNDRED
28 (800) REGISTERED ELECTORS AS NEARLY AS MAY BE. NO ELECTION
29 DISTRICT SHALL BE FORMED THAT SHALL CONTAIN LESS THAN ONE
30 HUNDRED (100) REGISTERED ELECTORS. IF CHANGES ARE MADE PURSUANT <--
19850H1000B2676 - 5 -
1 TO THIS PARAGRAPH BY PETITION ON OR BEFORE DECEMBER 1, 1986,
2 SOLELY FOR THE PURPOSE OF CREATING CLEARLY VISIBLE PHYSICAL
3 BOUNDARIES, THE REQUIREMENTS RELATING TO THE APPROPRIATE NUMBER
4 OF ELECTORS IN EACH ELECTION DISTRICT AS PROVIDED IN SECTION 502
5 SHALL NOT APPLY TO SUCH CHANGE. WHEN A SCHOOL DISTRICT CROSSES
6 COUNTY LINES, THE REGIONS OF THE SCHOOL DISTRICT SHALL BE
7 COMPOSED OF CONTIGUOUS ELECTION DISTRICTS.
8 SECTION 4 3. SECTIONS 503 AND 504 OF THE ACT, REENACTED <--
9 APRIL 4, 1945 (P.L.143, NO.64) AND REPEALED IN PART APRIL 28,
10 1978 (P.L.202, NO.53), ARE AMENDED TO READ:
11 SECTION 503. PETITIONS FOR NEW ELECTION DISTRICTS; REFERENCE
12 TO COUNTY BOARD OF ELECTIONS; REPORT.--UPON THE PETITION OF
13 TWENTY REGISTERED ELECTORS OF ANY TOWNSHIP, BOROUGH, WARD OR
14 ELECTION DISTRICT, TO THE COURT OF THE PROPER COUNTY, PRAYING
15 FOR THE DIVISION OR REDIVISION OF SUCH TOWNSHIP, BOROUGH, WARD
16 OR ELECTION DISTRICT INTO TWO OR MORE ELECTION DISTRICTS, OR FOR
17 THE ALTERATION OF THE BOUNDS OF ANY ELECTION DISTRICT, OR FOR
18 THE FORMATION OF ONE OR MORE ELECTION DISTRICTS OUT OF TWO OR
19 MORE EXISTING ELECTION DISTRICTS, OR PARTS THEREOF, OR FOR THE
20 CONSOLIDATION OF ADJOINING ELECTION DISTRICTS, THE SAID COURT
21 SHALL REFER THE SAID PETITION TO THE COUNTY BOARD OF ELECTIONS,
22 WHICH SHALL MAKE A FULL INVESTIGATION OF THE FACTS, AND SHALL
23 REPORT TO THE COURT ITS FINDINGS AND RECOMMENDATIONS AS TO THE
24 DIVISION, REDIVISION, ALTERATION, FORMATION OR CONSOLIDATION OF
25 ELECTION DISTRICTS PRAYED FOR. IF THE COUNTY BOARD SHALL FIND
26 THAT A DIVISION, REDIVISION, ALTERATION, FORMATION OR
27 CONSOLIDATION OF ELECTION DISTRICTS WILL PROMOTE THE CONVENIENCE
28 OF THE ELECTORS AND THE PUBLIC INTERESTS, IT SHALL RECOMMEND A
29 PROPER DIVISION, REDIVISION, ALTERATION, FORMATION OR
30 CONSOLIDATION OF ELECTION DISTRICTS, [AND SHALL ACCOMPANY ITS
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1 REPORT WITH A MAP, PLOT OR DRAFT OF THE NEW ELECTION DISTRICT OR
2 DISTRICTS PROPOSED BY IT, IF THE SAME CANNOT BE FULLY DESIGNATED
3 BY NATURAL LINES] WHICH MUST HAVE CLEARLY VISIBLE PHYSICAL
4 BOUNDARIES, AND SHALL ACCOMPANY ITS REPORT WITH A MAP AND A
5 VERBAL DESCRIPTION OF THE BOUNDARIES. SUCH PETITIONS MAY SPECIFY
6 THE BOUNDARIES DESIRED BY THE PETITIONERS, AND MAY BE
7 ACCOMPANIED BY A MAP SETTING FORTH SUCH BOUNDARIES.
8 SECTION 504. PETITIONS BY COUNTY BOARD; ACTION BY COURT ON
9 PETITION OR REPORT.--THE COUNTY BOARD OF ELECTIONS MAY ALSO
10 PETITION THE COURT FOR THE DIVISION OR REDIVISION OF ANY
11 TOWNSHIP, BOROUGH, WARD OR ELECTION DISTRICT INTO TWO OR MORE
12 ELECTION DISTRICTS, OR FOR THE ALTERATION OF THE BOUNDS OF ANY
13 ELECTION DISTRICT, OR FOR THE FORMATION OF ONE OR MORE ELECTION
14 DISTRICTS OUT OF TWO OR MORE EXISTING ELECTION DISTRICTS, OR
15 PARTS THEREOF, OR FOR THE CONSOLIDATION OF ADJOINING ELECTION
16 DISTRICTS, ACCOMPANYING ITS PETITION [BY A DESCRIPTION OF THE
17 PROPOSED NEW ELECTION DISTRICTS AND BY A MAP, PLOT OR DRAFT
18 THEREOF, IF THE SAME CANNOT BE FULLY DESIGNATED BY NATURAL
19 LINES] WITH A MAP AND A VERBAL DESCRIPTION OF THE BOUNDARIES OF
20 THE PROPOSED NEW ELECTION DISTRICTS WHICH MUST HAVE CLEARLY
21 VISIBLE PHYSICAL FEATURES. UPON THE PRESENTATION OF ANY SUCH
22 PETITION BY THE COUNTY BOARD, OR UPON THE FILING BY THE BOARD OF
23 ITS REPORT AND RECOMMENDATIONS AS TO ANY PETITION PRESENTED BY
24 QUALIFIED ELECTORS UNDER THE PROVISIONS OF SECTION 503 OF THIS
25 ACT, THE COURT MAY MAKE SUCH ORDER FOR THE DIVISION, REDIVISION,
26 ALTERATION, FORMATION OR CONSOLIDATION OF ELECTION DISTRICTS, AS
27 WILL, IN ITS OPINION, PROMOTE THE CONVENIENCE OF ELECTORS AND
28 THE PUBLIC INTERESTS: PROVIDED, HOWEVER, THAT THE COURT SHALL
29 NOT MAKE ANY FINAL ORDER FOR THE DIVISION, REDIVISION,
30 ALTERATION, FORMATION OR CONSOLIDATION OF ELECTION DISTRICTS
19850H1000B2676 - 7 -
1 UNTIL AT LEAST TEN DAYS AFTER NOTICE SHALL HAVE BEEN POSTED IN
2 AT LEAST FIVE PUBLIC AND CONSPICUOUS PLACES IN THE DISTRICT OR
3 DISTRICTS TO BE AFFECTED THEREBY, ONE OF WHICH NOTICES SHALL BE
4 POSTED ON OR IN THE IMMEDIATE VICINITY OF THE POLLING PLACE IN
5 EACH SUCH DISTRICT. SUCH NOTICE SHALL STATE IN BRIEF FORM THE
6 DIVISION, REDIVISION, ALTERATION, FORMATION OR CONSOLIDATION OF
7 ELECTION DISTRICTS RECOMMENDED BY THE COUNTY BOARD, AND THE DATE
8 UPON WHICH THE SAME WILL BE CONSIDERED BY THE COURT, AND SHALL
9 CONTAIN A WARNING THAT ANY PERSON OBJECTING THERETO MUST FILE
10 HIS OBJECTIONS WITH THE CLERK OF THE COURT PRIOR TO SUCH DATE.
11 UPON THE MAKING OF ANY SUCH FINAL ORDER BY THE COURT, A COPY
12 THEREOF SHALL BE CERTIFIED BY THE CLERK TO THE COUNTY BOARD OF
13 ELECTIONS.
14 SECTION 5 4. SECTION 532(A) OF THE ACT, REENACTED AND <--
15 AMENDED NOVEMBER 23, 1976 (P.L.1124, NO.236), IS AMENDED TO
16 READ:
17 SECTION 532. WARDS IN CITIES OF THE FIRST CLASS MAY BE
18 CREATED, DIVIDED, REALIGNED, OR CONSOLIDATED.--
19 (A) WARDS IN A CITY OF THE FIRST CLASS MAY BE CREATED,
20 DIVIDED, REALIGNED OR CONSOLIDATED, ALONG CLEARLY VISIBLE
21 PHYSICAL BOUNDARIES, BY THE COURT OF COMMON PLEAS OF THE COUNTY
22 IN WHICH SAID CITY IS LOCATED, UPON APPLICATION THERETO FOR
23 THOSE PURPOSES BY THE PETITION OF AT LEAST A TOTAL OF ONE
24 HUNDRED QUALIFIED ELECTORS FROM THE WARD OR WARDS SOUGHT TO BE
25 AFFECTED, OR OF THE COUNCIL OF SUCH CITY.
26 * * *
27 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
28 SECTION 533. DUTIES AND RESPONSIBILITIES OF THE SECRETARY
29 AND THE COUNTY BOARDS OF ELECTIONS FOR THE 1990 REAPPORTIONMENT
30 AND REDISTRICTING.--(A) BY SEPTEMBER 1, 1985, THE SECRETARY
19850H1000B2676 - 8 -
1 SHALL SEND TO EACH COUNTY BOARD OF ELECTIONS COPIES OF THE 1980
2 CENSUS MAPS WITH EACH CENSUS BLOCK CLEARLY MARKED. BY JANUARY 1,
3 1986, THE COUNTY BOARDS SHALL RETURN TO THE SECRETARY THOSE SAME
4 MAPS UPON WHICH HAVE BEEN DRAWN ALL ELECTION DISTRICT LINES,
5 ALONG WITH A WRITTEN DESCRIPTION OF THE GEOGRAPHIC BOUNDARIES OF
6 EACH DISTRICT, A NOTATION AS TO WHICH BOUNDARIES DO NOT COINCIDE
7 WITH CLEARLY VISIBLE PHYSICAL FEATURES, AND RECOMMENDATIONS FOR
8 CHANGES IN ELECTION DISTRICT BOUNDARIES TO BRING SUCH BOUNDARIES
9 INTO COMPLIANCE WITH THIS ACT. UPON RECEIPT, THE SECRETARY SHALL
10 REVIEW THOSE BOUNDARY LINES WHICH DO NOT COINCIDE WITH CLEARLY
11 VISIBLE PHYSICAL FEATURES AND THE RECOMMENDATIONS FOR BOUNDARY
12 CHANGES TO COINCIDE WITH CLEARLY VISIBLE PHYSICAL FEATURES AND
13 CONFER WITH THE REGIONAL CENSUS BUREAU AND THE COUNTY BOARDS TO
14 RESOLVE DIFFERENCES. THE SECRETARY SHALL ATTEMPT TO HAVE THE
15 CENSUS BUREAU DRAW BLOCK LINES IN ACCORDANCE WITH THE
16 RECOMMENDATIONS OF THE COUNTY BOARDS PROVIDED THAT SUCH
17 RECOMMENDATIONS ARE IN ACCORDANCE WITH THE PROVISIONS OF THIS
18 ACT. NO LATER THAN JULY 1, 1986, THE SECRETARY SHALL INFORM THE
19 COUNTY BOARDS THAT THE RECOMMENDED CHANGES AND ANY RESOLVED
20 DIFFERENCES HAVE BEEN APPROVED BY THE SECRETARY. THE COUNTY
21 BOARDS SHALL PETITION THE APPROPRIATE COURT OF COMMON PLEAS FOR
22 ALTERATION OF THE BOUNDARIES WHERE NECESSARY, EFFECTIVE
23 IMMEDIATELY FOLLOWING THE GENERAL ELECTION IN 1986, AS
24 HEREINAFTER PRESCRIBED. THE SECRETARY SHALL COMPENSATE THE
25 COUNTY BOARDS FOR THE ADDITIONAL WORK REQUIRED ON A PER CAPITA
26 BASIS AT A RATE TO BE DETERMINED BY THE SECRETARY AND IN
27 ACCORDANCE WITH ANY APPROPRIATION THEREFOR. SHOULD THE COUNTY
28 BOARDS FAIL TO SUBMIT MAPS, DESCRIPTIONS OR RECOMMENDATIONS BY
29 JANUARY 1, 1986, OR SHOULD RESOLUTION OF THE NECESSARY BOUNDARY
30 CHANGES NOT BE POSSIBLE BY JULY 1, 1986, THE SECRETARY IS HEREBY
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1 AUTHORIZED TO ASCERTAIN WHICH ELECTION DISTRICT BOUNDARIES DO
2 NOT CONFORM WITH THIS ACT AND ON OR BEFORE DECEMBER 1, 1986,
3 PETITION THE COMMONWEALTH COURT, WITH NOTICE TO THE COUNTY
4 BOARDS, TO ALTER SUCH BOUNDARIES IN ORDER TO BRING THEM INTO
5 COMPLIANCE. THE COUNTY BOARDS SHALL HAVE STANDING TO INTERVENE
6 IN ANY SUCH ACTION FOR PURPOSES OF CHALLENGING ANY BOUNDARY
7 RECOMMENDATIONS MADE BY THE SECRETARY AND FILING ANY ALTERNATIVE
8 RECOMMENDATIONS SO LONG AS SUCH RECOMMENDATIONS COMPLY WITH THE
9 PROVISIONS OF THIS ACT.
10 (B) NO ELECTION DISTRICT SHALL BE CREATED, DIVIDED,
11 ABOLISHED OR CONSOLIDATED OR THE BOUNDARIES THEREIN CHANGED
12 BETWEEN JULY 1, 1988, AND DECEMBER 1, 1992, EXCEPT THAT AN
13 ELECTION DISTRICT MAY BE DIVIDED OR TWO OR MORE DISTRICTS MAY BE
14 COMBINED INTO ONE SO LONG AS THE BOUNDARY OF THE NEW COMBINED
15 DISTRICT IS COMPOSED ENTIRELY OF CLEARLY VISIBLE PHYSICAL
16 FEATURES AND THE BOUNDARY OF THE NEW COMBINED DISTRICT IS
17 COMPOSED ENTIRELY OF PORTIONS OF THE ORIGINAL BOUNDARIES OF THE
18 PRECINCTS WHICH WERE COMBINED AND THE NUMERICAL IDENTITY OF THE
19 ORIGINAL DISTRICT IS PREFIXED. IF CHANGES IN ELECTION DISTRICTS
20 ARE REQUIRED BETWEEN DECEMBER 1986, AND DECEMBER 1, 1992, THE
21 COUNTY BOARDS SHALL NOTIFY THE SECRETARY OF THE COMMONWEALTH, IN
22 WRITING, AND INCLUDE A MAP AND A DESCRIPTION OF THE PROPOSED
23 GEOGRAPHIC BOUNDARIES OF THE NEW DISTRICTS. NO COUNTY BOARDS
24 SHALL PETITION THE APPROPRIATE COURT OF COMMON PLEAS FOR
25 APPROVAL OF THE NEW ELECTION DISTRICTS UNTIL THE SECRETARY HAS
26 DETERMINED AND CERTIFIED TO THE COUNTY BOARD THAT THE NEW
27 BOUNDARIES HAVE CLEARLY VISIBLE PHYSICAL FEATURES CONFORMING
28 WITH THE PROPOSED CENSUS BLOCKS. IF THE SECRETARY DOES NOT
29 NOTIFY THE COUNTY BOARD OF HIS APPROVAL OR REJECTION OF THE
30 CHANGE, WITHIN THIRTY DAYS OF RECEIPT, ITS CHANGE SHALL BE
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1 DEEMED APPROVED.
2 (C) THE SECRETARY SHALL REPORT THE PROGRESS OF THE BLOCK
3 BOUNDARY REVIEW PROJECT MONTHLY TO THE PRESIDENT PRO TEMPORE OF
4 THE SENATE AND TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
5 THE SECRETARY SHALL DELIVER TO THE REAPPORTIONMENT COMMISSION OF
6 THE COMMONWEALTH, WHEN THE COMMISSION IS FORMED, A FULL SET OF
7 MAPS FOR EVERY COUNTY WHICH SHALL INCLUDE ALL THEN CURRENT
8 PRECINCT BOUNDARIES AND CENSUS BLOCKS AND SHALL, AT THIS SAME
9 TIME, MAKE A FINAL REPORT TO THE PRESIDENT PRO TEMPORE OF THE
10 SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
11 SECTION 7. THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED
12 INSOFAR AS THEY ARE INCONSISTENT WITH THE PROVISIONS OF SECTIONS
13 201, 501, 502, 503, 532 AND 533 OF THE ACT AS AMENDED HEREIN:
14 SECTIONS 302 AND 302.1 OF THE ACT OF MARCH 10, 1949 (P.L.30,
15 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
16 ACT OF DECEMBER 13, 1974 (P.L.947, NO.312), KNOWN AS THE
17 MUNICIPAL REAPPORTIONMENT ACT.
18 Section 2 8. This act shall take effect in 60 days
19 IMMEDIATELY. <--
20 SECTION 5. SECTION 630.1 OF THE ACT, ADDED APRIL 18, 1985 <--
21 (P.L.5, NO.4), IS AMENDED TO READ:
22 SECTION 630.1. AFFIDAVITS OF CANDIDATES.--EACH CANDIDATE FOR
23 ANY STATE, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP,
24 SCHOOL DISTRICT OR POOR DISTRICT OFFICE, OR FOR THE OFFICE OF
25 UNITED STATES SENATOR OR REPRESENTATIVE IN CONGRESS, SELECTED AS
26 PROVIDED IN SECTION 630 OF THIS ACT, SHALL FILE WITH THE
27 NOMINATION CERTIFICATE AN AFFIDAVIT STATING--(A) HIS RESIDENCE,
28 WITH STREET AND NUMBER, IF ANY, AND HIS POST-OFFICE ADDRESS; (B)
29 HIS ELECTION DISTRICT, GIVING CITY, BOROUGH, TOWN OR TOWNSHIP;
30 (C) THE NAME OF THE OFFICE FOR WHICH HE CONSENTS TO BE A
19850H1000B2676 - 11 -
1 CANDIDATE; (D) THAT HE IS ELIGIBLE FOR SUCH OFFICE; (E) THAT HE
2 WILL NOT KNOWINGLY VIOLATE ANY PROVISION OF THIS ACT, OR OF ANY
3 LAW REGULATING AND LIMITING ELECTION EXPENSES AND PROHIBITING
4 CORRUPT PRACTICES IN CONNECTION THEREWITH; (F) [UNLESS HE IS A <--
5 CANDIDATE FOR JUDGE OF A COURT OF [RECORD] COMMON PLEAS, THE <--
6 PHILADELPHIA MUNICIPAL COURT OR THE TRAFFIC COURT OF
7 PHILADELPHIA, OR FOR THE OFFICE OF SCHOOL BOARD IN A DISTRICT
8 WHERE THAT OFFICE IS ELECTIVE OR FOR THE OFFICE OF JUSTICE OF
9 THE PEACE,] THAT HE IS NOT A CANDIDATE FOR THE SAME OFFICE OF <--
10 ANY PARTY OR POLITICAL BODY OTHER THAN THE ONE DESIGNATED IN
11 SUCH CERTIFICATE; AND (G) THAT HE IS AWARE OF THE PROVISIONS OF
12 SECTION 1626 OF THIS ACT REQUIRING ELECTION AND POST-ELECTION
13 REPORTING OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. IN CASES
14 OF CERTIFICATES FOR CANDIDATES FOR THE GENERAL ASSEMBLY, THE
15 CANDIDATE'S AFFIDAVIT SHALL STATE (1) THAT THE CANDIDATE WILL
16 SATISFY THE ELIGIBILITY REQUIREMENTS CONTAINED IN SECTIONS 5 AND
17 7 OF ARTICLE II OF THE CONSTITUTION OF PENNSYLVANIA; (2) (I)
18 THAT, IN THE CASE OF A CANDIDATE FOR THE OFFICE OF SENATOR IN
19 THE GENERAL ASSEMBLY, THE CANDIDATE WILL BE TWENTY-FIVE (25)
20 YEARS OF AGE ON OR BEFORE THE FIRST DAY OF THE TERM FOR WHICH
21 THE CANDIDATE SEEKS ELECTION OR (II) THAT, IN THE CASE OF A
22 CANDIDATE FOR THE OFFICE OF REPRESENTATIVE IN THE GENERAL
23 ASSEMBLY, THE CANDIDATE WILL BE TWENTY-ONE (21) YEARS OF AGE ON
24 OR BEFORE THE FIRST DAY OF THE TERM FOR WHICH THE CANDIDATE
25 SEEKS ELECTION; (3) THAT THE CANDIDATE SHALL HAVE BEEN A CITIZEN
26 AND AN INHABITANT OF PENNSYLVANIA FOUR (4) YEARS AND AN
27 INHABITANT OF THE RESPECTIVE DISTRICT ONE (1) YEAR NEXT BEFORE
28 THE ELECTION (UNLESS ABSENT ON THE PUBLIC BUSINESS OF THE UNITED
29 STATES OR OF THIS STATE); AND (4) THAT THE CANDIDATE HAS NOT
30 BEEN CONVICTED OF EMBEZZLEMENT OF PUBLIC MONEYS, BRIBERY,
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1 PERJURY OR OTHER INFAMOUS CRIME.
2 SECTION 6. SECTION 909 OF THE ACT, AMENDED DECEMBER 22, 1971
3 (P.L.613, NO.165), IS AMENDED TO READ:
4 SECTION 909. PETITION MAY CONSIST OF SEVERAL SHEETS;
5 AFFIDAVIT OF CIRCULATOR.--SAID NOMINATION PETITION MAY BE ON ONE
6 OR MORE SHEETS, AND DIFFERENT SHEETS MUST BE USED FOR SIGNERS
7 RESIDENT IN DIFFERENT COUNTIES. IF MORE THAN ONE SHEET IS USED,
8 THEY SHALL BE BOUND TOGETHER WHEN OFFERED FOR FILING IF THEY ARE
9 INTENDED TO CONSTITUTE ONE PETITION, AND EACH SHEET SHALL BE
10 NUMBERED CONSECUTIVELY BEGINNING WITH NUMBER ONE, AT THE FOOT OF
11 EACH PAGE. IN CASES OF PETITIONS FOR DELEGATE OR ALTERNATE
12 DELEGATE TO NATIONAL CONVENTIONS, EACH SHEET SHALL CONTAIN A
13 NOTATION INDICATING THE PRESIDENTIAL CANDIDATE TO WHOM HE IS
14 COMMITTED OR THE TERM "UNCOMMITTED." EACH SHEET SHALL HAVE
15 APPENDED THERETO THE AFFIDAVIT OF THE CIRCULATOR OF EACH SHEET,
16 SETTING FORTH--(A) THAT HE OR SHE IS A QUALIFIED ELECTOR DULY
17 REGISTERED AND ENROLLED AS A MEMBER OF THE DESIGNATED PARTY OF
18 THE STATE, OR OF THE POLITICAL DISTRICT, AS THE CASE MAY BE,
19 REFERRED TO IN SAID PETITION[, UNLESS SAID PETITION RELATES TO <--
20 THE NOMINATION OF A JUDICIAL CANDIDATE FOR A COURT OF COMMON <--
21 PLEAS, FOR THE PHILADELPHIA MUNICIPAL COURT OR FOR THE TRAFFIC
22 COURT OF PHILADELPHIA, IN WHICH EVENT THE CIRCULATOR NEED NOT BE
23 A DULY REGISTERED AND ENROLLED MEMBER OF THE DESIGNATED PARTY]; <--
24 (B) HIS RESIDENCE, GIVING CITY, BOROUGH OR TOWNSHIP, WITH STREET
25 AND NUMBER, IF ANY; (C) THAT THE SIGNERS THERETO SIGNED WITH
26 FULL KNOWLEDGE OF THE CONTENTS OF THE PETITION; (D) THAT THEIR
27 RESPECTIVE RESIDENCES ARE CORRECTLY STATED THEREIN; (E) THAT
28 THEY ALL RESIDE IN THE COUNTY NAMED IN THE AFFIDAVIT; (F) THAT
29 EACH SIGNED ON THE DATE SET OPPOSITE HIS NAME; AND (G) THAT, TO
30 THE BEST OF AFFIANT'S KNOWLEDGE AND BELIEF, THE SIGNERS ARE
19850H1000B2676 - 13 -
1 QUALIFIED ELECTORS AND DULY REGISTERED AND ENROLLED MEMBERS OF
2 THE DESIGNATED PARTY OF THE STATE, OR OF THE POLITICAL DISTRICT,
3 AS THE CASE MAY BE.
4 SECTION 7. SECTION 910 OF THE ACT, AMENDED APRIL 18, 1985
5 (P.L.5, NO.4), IS AMENDED TO READ:
6 SECTION 910. AFFIDAVITS OF CANDIDATES.--EACH CANDIDATE FOR
7 ANY STATE, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP,
8 WARD, SCHOOL DISTRICT, POOR DISTRICT, ELECTION DISTRICT, PARTY
9 OFFICE, PARTY DELEGATE OR ALTERNATE, OR FOR THE OFFICE OF UNITED
10 STATES SENATOR OR REPRESENTATIVE IN CONGRESS, SHALL FILE WITH
11 HIS NOMINATION PETITION HIS AFFIDAVIT STATING--(A) HIS
12 RESIDENCE, WITH STREET AND NUMBER, IF ANY, AND HIS POST-OFFICE
13 ADDRESS; (B) HIS ELECTION DISTRICT, GIVING CITY, BOROUGH, TOWN
14 OR TOWNSHIP; (C) THE NAME OF THE OFFICE FOR WHICH HE CONSENTS TO
15 BE A CANDIDATE; (D) THAT HE IS ELIGIBLE FOR SUCH OFFICE; (E)
16 THAT HE WILL NOT KNOWINGLY VIOLATE ANY PROVISION OF THIS ACT, OR
17 OF ANY LAW REGULATING AND LIMITING NOMINATION AND ELECTION
18 EXPENSES AND PROHIBITING CORRUPT PRACTICES IN CONNECTION
19 THEREWITH; (F) [UNLESS HE IS A CANDIDATE FOR JUDGE OF A COURT OF <--
20 [RECORD] COMMON PLEAS, THE PHILADELPHIA MUNICIPAL COURT OR THE <--
21 TRAFFIC COURT OF PHILADELPHIA, OR FOR THE OFFICE OF SCHOOL
22 DIRECTOR IN A DISTRICT WHERE THAT OFFICE IS ELECTIVE OR FOR THE
23 OFFICE OF JUSTICE OF THE PEACE] THAT HE IS NOT A CANDIDATE FOR <--
24 NOMINATION FOR THE SAME OFFICE OF ANY PARTY OTHER THAN THE ONE
25 DESIGNATED IN SUCH PETITION; (G) IF HE IS A CANDIDATE FOR A
26 DELEGATE, OR ALTERNATE DELEGATE, MEMBER OF STATE COMMITTEE,
27 NATIONAL COMMITTEE OR PARTY OFFICER, THAT HE IS A REGISTERED AND
28 ENROLLED MEMBER OF THE DESIGNATED PARTY; (H) IF HE IS A
29 CANDIDATE FOR DELEGATE OR ALTERNATE DELEGATE THE PRESIDENTIAL
30 CANDIDATE TO WHOM HE IS COMMITTED OR THE TERM "UNCOMMITTED"; AND
19850H1000B2676 - 14 -
1 (I) THAT HE IS AWARE OF THE PROVISIONS OF SECTION 1626 OF THIS
2 ACT REQUIRING PRE-ELECTION AND POST-ELECTION REPORTING OF
3 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. IN CASES OF PETITIONS
4 FOR CANDIDATES FOR THE GENERAL ASSEMBLY, THE CANDIDATE'S
5 AFFIDAVIT SHALL STATE (1) THAT THE CANDIDATE WILL SATISFY THE
6 ELIGIBILITY REQUIREMENTS CONTAINED IN SECTIONS 5 AND 7 OF
7 ARTICLE II OF THE CONSTITUTION OF PENNSYLVANIA; (2) (I) THAT IN
8 THE CASE OF A CANDIDATE FOR THE OFFICE OF SENATOR IN THE GENERAL
9 ASSEMBLY THAT THE CANDIDATE WILL BE TWENTY-FIVE (25) YEARS OF
10 AGE ON OR BEFORE THE FIRST DAY OF THE TERM FOR WHICH THE
11 CANDIDATE SEEKS ELECTION OR (II) THAT IN THE CASE OF A CANDIDATE
12 FOR THE OFFICE OF REPRESENTATIVE IN THE GENERAL ASSEMBLY THAT
13 THE CANDIDATE WILL BE TWENTY-ONE (21) YEARS OF AGE ON OR BEFORE
14 THE FIRST DAY OF THE TERM FOR WHICH THE CANDIDATE SEEKS
15 ELECTION; (3) THAT THE CANDIDATE SHALL HAVE BEEN A CITIZEN AND
16 INHABITANT OF PENNSYLVANIA FOUR (4) YEARS AND AN INHABITANT OF
17 THE RESPECTIVE DISTRICT ONE (1) YEAR NEXT BEFORE THE ELECTION
18 (UNLESS ABSENT ON THE PUBLIC BUSINESS OF THE UNITED STATES OR OF
19 THIS STATE); AND (4) THAT THE CANDIDATE HAS NOT BEEN CONVICTED
20 OF EMBEZZLEMENT OF PUBLIC MONEYS, BRIBERY, PERJURY OR OTHER
21 INFAMOUS CRIME. IN CASES OF PETITIONS FOR DELEGATE AND ALTERNATE
22 DELEGATE TO NATIONAL CONVENTIONS, THE CANDIDATE'S AFFIDAVIT
23 SHALL STATE THAT HIS SIGNATURE TO THE DELEGATE'S STATEMENT, AS
24 HEREINAFTER SET FORTH, IF SUCH STATEMENT IS SIGNED BY SAID
25 CANDIDATE, WAS AFFIXED TO THE SHEET OR SHEETS OF SAID PETITION
26 PRIOR TO THE CIRCULATION OF SAME. IN THE CASE OF A CANDIDATE FOR
27 NOMINATION AS PRESIDENT OF THE UNITED STATES, IT SHALL NOT BE
28 NECESSARY FOR SUCH CANDIDATE TO FILE THE AFFIDAVIT REQUIRED IN
29 THIS SECTION TO BE FILED BY CANDIDATES, BUT THE POST-OFFICE
30 ADDRESS OF SUCH CANDIDATE SHALL BE STATED IN SUCH NOMINATION
19850H1000B2676 - 15 -
1 PETITION.
2 SECTION 8. THE FIRST PARAGRAPH OF SECTION 976 OF THE ACT,
3 AMENDED JUNE 27, 1974 (P.L.413, NO.146) AND REPEALED IN PART
4 APRIL 28, 1978 (P.L.202, NO.53), IS AMENDED TO READ:
5 SECTION 976. EXAMINATION OF NOMINATION PETITIONS,
6 CERTIFICATES AND PAPERS; RETURN OF REJECTED NOMINATION
7 PETITIONS, CERTIFICATES AND PAPERS.--WHEN ANY NOMINATION
8 PETITION, NOMINATION CERTIFICATE OR NOMINATION PAPER IS
9 PRESENTED IN THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH OR
10 OF ANY COUNTY BOARD OF ELECTIONS FOR FILING WITHIN THE PERIOD
11 LIMITED BY THIS ACT, IT SHALL BE THE DUTY OF THE SAID OFFICER OR
12 BOARD TO EXAMINE THE SAME. NO NOMINATION PETITION, NOMINATION
13 PAPER OR NOMINATION CERTIFICATE SHALL BE PERMITTED TO BE FILED
14 IF--(A) IT CONTAINS MATERIAL ERRORS OR DEFECTS APPARENT ON THE
15 FACE THEREOF, OR ON THE FACE OF THE APPENDED OR ACCOMPANYING
16 AFFIDAVITS; OR (B) IT CONTAINS MATERIAL ALTERATIONS MADE AFTER
17 SIGNING WITHOUT THE CONSENT OF THE SIGNERS; OR (C) IT DOES NOT
18 CONTAIN A SUFFICIENT NUMBER OF SIGNATURES AS REQUIRED BY LAW;
19 PROVIDED, HOWEVER, THAT THE SECRETARY OF THE COMMONWEALTH OR THE
20 COUNTY BOARD OF ELECTIONS, ALTHOUGH NOT HEREBY REQUIRED SO TO
21 DO, MAY QUESTION THE GENUINENESS OF ANY SIGNATURE OR SIGNATURES
22 APPEARING THEREON, AND IF HE OR IT SHALL THEREUPON FIND THAT ANY
23 SUCH SIGNATURE OR SIGNATURES ARE NOT GENUINE, SUCH SIGNATURE OR
24 SIGNATURES SHALL BE DISREGARDED IN DETERMINING WHETHER THE
25 NOMINATION PETITION, NOMINATION PAPER OR NOMINATION CERTIFICATE
26 CONTAINS A SUFFICIENT NUMBER OF SIGNATURES AS REQUIRED BY LAW;
27 OR (D) IN THE CASE OF NOMINATION PETITIONS, IF NOMINATION
28 PETITIONS HAVE BEEN FILED FOR PRINTING THE NAME OF THE SAME
29 PERSON FOR THE SAME OFFICE[, EXCEPT THE OFFICE OF JUDGE OF A <--
30 COURT OF [RECORD] COMMON PLEAS, THE PHILADELPHIA MUNICIPAL COURT <--
19850H1000B2676 - 16 -
1 OR THE TRAFFIC COURT OF PHILADELPHIA, OR THE OFFICE OF SCHOOL
2 DIRECTOR IN DISTRICTS WHERE THAT OFFICE IS ELECTIVE OR THE
3 OFFICE OF JUSTICE OF THE PEACE] UPON THE OFFICIAL BALLOT OF MORE <--
4 THAN ONE POLITICAL PARTY; OR (E) IN THE CASE OF NOMINATION
5 PAPERS, IF THE CANDIDATE NAMED THEREIN HAS FILED A NOMINATION
6 PETITION FOR ANY PUBLIC OFFICE FOR THE ENSUING PRIMARY, OR HAS
7 BEEN NOMINATED FOR ANY SUCH OFFICE BY NOMINATION PAPERS
8 PREVIOUSLY FILED; OR (F) IF THE NOMINATION PETITIONS OR PAPERS
9 ARE NOT ACCOMPANIED BY THE FILING FEE OR CERTIFIED CHECK
10 REQUIRED FOR SAID OFFICE; OR (G) IN THE CASE OF NOMINATION
11 PAPERS, THE APPELLATION SET FORTH THEREIN IS IDENTICAL WITH OR
12 DECEPTIVELY SIMILAR TO THE WORDS USED BY ANY EXISTING PARTY OR
13 BY ANY POLITICAL BODY WHICH HAS ALREADY FILED NOMINATION PAPERS
14 FOR THE SAME OFFICE, OR IF THE APPELLATION SET FORTH THEREIN
15 CONTAINS PART OF THE NAME, OR AN ABBREVIATION OF THE NAME OR
16 PART OF THE NAME OF AN EXISTING POLITICAL PARTY, OR OF A
17 POLITICAL BODY WHICH HAS ALREADY FILED NOMINATION PAPERS FOR THE
18 SAME OFFICE. THE INVALIDITY OF ANY SHEET OF A NOMINATION
19 PETITION OR NOMINATION PAPER SHALL NOT AFFECT THE VALIDITY OF
20 SUCH PETITION OR PAPER IF A SUFFICIENT PETITION OR PAPER REMAINS
21 AFTER ELIMINATING SUCH INVALID SHEET. THE ACTION OF SAID OFFICER
22 OR BOARD IN REFUSING TO RECEIVE AND FILE ANY SUCH NOMINATION
23 PETITION, CERTIFICATE OR PAPER, MAY BE REVIEWED BY THE COURT
24 UPON AN APPLICATION TO COMPEL ITS RECEPTION AS OF THE DATE WHEN
25 IT WAS PRESENTED TO THE OFFICE OF SUCH OFFICER OR BOARD:
26 PROVIDED, HOWEVER, THAT SAID OFFICER OR BOARD SHALL BE ENTITLED
27 TO A REASONABLE TIME IN WHICH TO EXAMINE ANY PETITIONS,
28 CERTIFICATES OR PAPERS, AND TO SUMMON AND INTERROGATE THE
29 CANDIDATES NAMED THEREIN, OR THE PERSONS PRESENTING SAID
30 PETITIONS, CERTIFICATES OR PAPERS, AND HIS OR THEIR RETENTION OF
19850H1000B2676 - 17 -
1 SAME FOR THE PURPOSE OF MAKING SUCH EXAMINATION OR INTERROGATION
2 SHALL NOT BE CONSTRUED AS AN ACCEPTANCE OR FILING.
3 * * *
4 SECTION 9. SECTION 981.1 OF THE ACT, ADDED APRIL 18, 1985
5 (P.L.5, NO.4), IS AMENDED TO READ:
6 SECTION 981.1. AFFIDAVITS OF CANDIDATES.--EACH CANDIDATE FOR
7 ANY STATE, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP,
8 WARD, SCHOOL DISTRICT, POOR DISTRICT OR ELECTION DISTRICT
9 OFFICE, OR FOR THE OFFICE OF UNITED STATES SENATOR OR
10 REPRESENTATIVE IN CONGRESS, SELECTED AS PROVIDED IN SECTIONS 979
11 AND 980 OF THIS ACT, SHALL FILE WITH THE SUBSTITUTED NOMINATION
12 CERTIFICATE AN AFFIDAVIT STATING--(A) HIS RESIDENCE, WITH STREET
13 AND NUMBER, IF ANY, AND HIS POST-OFFICE ADDRESS; (B) HIS
14 ELECTION DISTRICT, GIVING CITY, BOROUGH, TOWN OR TOWNSHIP; (C)
15 THE NAME OF THE OFFICE FOR WHICH HE CONSENTS TO BE A CANDIDATE;
16 (D) THAT HE IS ELIGIBLE FOR SUCH OFFICE; (E) THAT HE WILL NOT
17 KNOWINGLY VIOLATE ANY PROVISION OF THIS ACT, OR OF ANY LAW
18 REGULATING AND LIMITING ELECTION EXPENSES AND PROHIBITING
19 CORRUPT PRACTICES IN CONNECTION THEREWITH; (F) [UNLESS HE IS A <--
20 CANDIDATE FOR JUDGE OF A COURT OF [RECORD] COMMON PLEAS, THE <--
21 PHILADELPHIA MUNICIPAL COURT OR THE TRAFFIC COURT OF
22 PHILADELPHIA, OR FOR THE OFFICE OF SCHOOL BOARD IN A DISTRICT
23 WHERE THAT OFFICE IS ELECTIVE OR FOR THE OFFICE OF JUSTICE OF
24 THE PEACE,] THAT HE IS NOT A CANDIDATE FOR THE SAME OFFICE OF <--
25 ANY PARTY OR POLITICAL BODY OTHER THAN THE ONE DESIGNATED IN
26 SUCH CERTIFICATE; AND (G) THAT HE IS AWARE OF THE PROVISIONS OF
27 SECTION 1626 OF THIS ACT REQUIRING ELECTION AND POST-ELECTION
28 REPORTING OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. IN CASES
29 OF CERTIFICATES FOR CANDIDATES FOR THE GENERAL ASSEMBLY, THE
30 CANDIDATE'S AFFIDAVIT SHALL STATE (1) THAT THE CANDIDATE WILL
19850H1000B2676 - 18 -
1 SATISFY THE ELIGIBILITY REQUIREMENTS CONTAINED IN SECTIONS 5 AND
2 7 OF ARTICLE II OF THE CONSTITUTION OF PENNSYLVANIA; (2) (I)
3 THAT, IN THE CASE OF A CANDIDATE FOR THE OFFICE OF SENATOR IN
4 THE GENERAL ASSEMBLY, THE CANDIDATE WILL BE TWENTY-FIVE (25)
5 YEARS OF AGE ON OR BEFORE THE FIRST DAY OF THE TERM FOR WHICH
6 THE CANDIDATE SEEKS ELECTION OR (II) THAT, IN THE CASE OF A
7 CANDIDATE FOR THE OFFICE OF REPRESENTATIVE IN THE GENERAL
8 ASSEMBLY, THE CANDIDATE WILL BE TWENTY-ONE (21) YEARS OF AGE ON
9 OR BEFORE THE FIRST DAY OF THE TERM FOR WHICH THE CANDIDATE
10 SEEKS ELECTION; (3) THAT THE CANDIDATE SHALL HAVE BEEN A CITIZEN
11 AND AN INHABITANT OF PENNSYLVANIA FOUR (4) YEARS AND AN
12 INHABITANT OF THE RESPECTIVE DISTRICT ONE (1) YEAR NEXT BEFORE
13 THE ELECTION (UNLESS ABSENT ON THE PUBLIC BUSINESS OF THE UNITED
14 STATES OR OF THIS STATE); AND (4) THAT THE CANDIDATE HAS NOT
15 BEEN CONVICTED OF EMBEZZLEMENT OF PUBLIC MONEYS, BRIBERY,
16 PERJURY OR OTHER INFAMOUS CRIME.
17 SECTION 10. SECTIONS 993(A) AND 998(A) AND (B) OF THE ACT,
18 AMENDED JUNE 27, 1974 (P.L.413, NO.146), ARE AMENDED TO READ:
19 SECTION 993. FILLING OF CERTAIN VACANCIES IN PUBLIC OFFICE
20 BY MEANS OF NOMINATION CERTIFICATES AND NOMINATION PAPERS.--(A)
21 IN ALL CASES WHERE A VACANCY SHALL OCCUR FOR ANY CAUSE IN AN
22 ELECTIVE PUBLIC OFFICE, INCLUDING THAT OF JUDGE OF A COURT OF
23 RECORD, AT A TIME WHEN SUCH VACANCY IS REQUIRED BY THE
24 PROVISIONS OF THE CONSTITUTION OR THE LAWS OF THIS COMMONWEALTH
25 TO BE FILLED AT THE ENSUING ELECTION BUT AT A TIME WHEN
26 NOMINATIONS FOR SUCH OFFICE CANNOT BE MADE UNDER ANY OTHER
27 PROVISION OF THIS ACT, NOMINATIONS TO FILL SUCH VACANCIES SHALL
28 BE MADE BY POLITICAL PARTIES IN ACCORDANCE WITH PARTY RULES
29 RELATING TO THE FILLING OF VACANCIES BY MEANS OF NOMINATION
30 CERTIFICATES IN THE FORM PRESCRIBED IN SECTION NINE HUNDRED
19850H1000B2676 - 19 -
1 NINETY-FOUR OF THIS ACT, AND BY POLITICAL BODIES BY MEANS OF
2 NOMINATION PAPERS IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS
3 NINE HUNDRED FIFTY-ONE, NINE HUNDRED FIFTY-TWO AND NINE HUNDRED
4 FIFTY-FOUR OF THIS ACT. NO SUCH NOMINATION CERTIFICATE SHALL
5 NOMINATE ANY PERSON WHO HAS ALREADY BEEN NOMINATED BY ANY OTHER
6 POLITICAL PARTY OR BY ANY POLITICAL BODY FOR THE SAME OFFICE
7 [UNLESS SUCH PERSON IS A CANDIDATE FOR THE OFFICE OF JUDGE OF A <--
8 COURT OF [RECORD] COMMON PLEAS, THE PHILADELPHIA MUNICIPAL COURT <--
9 OR THE TRAFFIC COURT OF PHILADELPHIA, OR FOR THE OFFICE OF <--
10 SCHOOL DIRECTOR IN DISTRICTS WHERE THAT OFFICE IS ELECTIVE OR
11 FOR THE OFFICE OF JUSTICE OF THE PEACE]. NO SUCH NOMINATION <--
12 PAPERS SHALL NOMINATE ANY PERSON WHO HAS ALREADY BEEN NOMINATED
13 BY ANY POLITICAL PARTY OR BY ANY OTHER POLITICAL BODY FOR ANY
14 OFFICE TO BE FILLED AT THE ENSUING NOVEMBER ELECTION[, UNLESS <--
15 SUCH PERSON IS A CANDIDATE FOR THE OFFICE OF JUDGE OF A COURT OF
16 [RECORD] COMMON PLEAS, THE PHILADELPHIA MUNICIPAL COURT OR THE <--
17 TRAFFIC COURT OF PHILADELPHIA, OR FOR THE OFFICE OF SCHOOL <--
18 DIRECTOR IN DISTRICTS WHERE THAT OFFICE IS ELECTIVE OR FOR THE
19 OFFICE OF JUSTICE OF THE PEACE]. <--
20 * * *
21 SECTION 998. SUBSTITUTED NOMINATIONS TO FILL CERTAIN
22 VACANCIES FOR A NOVEMBER ELECTION.--(A) ANY VACANCY HAPPENING OR
23 EXISTING IN ANY PARTY NOMINATION MADE IN ACCORDANCE WITH THE
24 PROVISIONS OF SECTION NINE HUNDRED NINETY-THREE OF THIS ACT FOR
25 A NOVEMBER ELECTION BY REASON OF THE DEATH OR WITHDRAWAL OF ANY
26 CANDIDATE MAY BE FILLED BY A SUBSTITUTED NOMINATION MADE BY SUCH
27 COMMITTEE AS IS AUTHORIZED BY THE RULES OF THE PARTY TO MAKE
28 NOMINATIONS IN THE EVENT OF VACANCIES ON THE PARTY TICKET, IN
29 THE FORM PRESCRIBED BY SECTION NINE HUNDRED NINETY-FOUR OF THIS
30 ACT. BUT NO SUBSTITUTED NOMINATION CERTIFICATE SHALL NOMINATE
19850H1000B2676 - 20 -
1 ANY PERSON WHO HAS ALREADY BEEN NOMINATED BY ANY OTHER POLITICAL
2 PARTY OR BY ANY POLITICAL BODY FOR THE SAME OFFICE[, UNLESS SUCH <--
3 PERSON IS A CANDIDATE FOR THE OFFICE OF JUDGE OF A COURT OF
4 [RECORD] COMMON PLEAS, THE PHILADELPHIA MUNICIPAL COURT OR THE <--
5 TRAFFIC COURT OF PHILADELPHIA, 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 (B) IN CASE OF THE DEATH OR WITHDRAWAL OF ANY CANDIDATE
9 NOMINATED BY A POLITICAL BODY FOR AN ELECTION, THE COMMITTEE
10 NAMED IN THE ORIGINAL NOMINATION PAPERS MAY NOMINATE A
11 SUBSTITUTE IN HIS PLACE BY FILING A SUBSTITUTED NOMINATION
12 CERTIFICATE IN THE FORM AND MANNER PRESCRIBED BY SECTION NINE
13 HUNDRED EIGHTY OF THIS ACT. IN THE CASE OF A VACANCY CAUSED BY
14 THE DEATH OF ANY CANDIDATE, SAID NOMINATION CERTIFICATE SHALL BE
15 ACCOMPANIED BY A DEATH CERTIFICATE PROPERLY CERTIFIED. NO
16 SUBSTITUTED NOMINATION CERTIFICATE SHALL NOMINATE ANY PERSON WHO
17 HAS ALREADY BEEN NOMINATED BY ANY POLITICAL PARTY OR BY ANY
18 OTHER POLITICAL BODY FOR ANY OFFICE TO BE FILLED AT THE ENSUING
19 NOVEMBER ELECTION[, UNLESS SUCH PERSON IS A CANDIDATE FOR THE <--
20 OFFICE OF JUDGE OF A COURT OF [RECORD] COMMON PLEAS, THE <--
21 PHILADELPHIA MUNICIPAL COURT OR THE TRAFFIC COURT OF
22 PHILADELPHIA, OR FOR THE OFFICE OF SCHOOL DIRECTOR IN DISTRICTS
23 WHERE THAT OFFICE IS ELECTIVE OR FOR THE OFFICE OF JUSTICE OF
24 THE PEACE]. <--
25 * * *
26 SECTION 11. SECTION 1004 OF THE ACT, AMENDED DECEMBER 10,
27 1974 (P.L.835, NO.280), IS AMENDED TO READ:
28 SECTION 1004. FORM OF BALLOTS; PRINTING BALLOTS; STUBS;
29 NUMBERS.--FROM THE LISTS FURNISHED BY THE SECRETARY OF THE
30 COMMONWEALTH UNDER THE PROVISIONS OF SECTIONS 915 AND 984, AND
19850H1000B2676 - 21 -
1 FROM PETITIONS AND PAPERS FILED IN THEIR OFFICE, THE COUNTY
2 ELECTION BOARD SHALL PRINT THE OFFICIAL PRIMARY AND ELECTION
3 BALLOTS IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT: PROVIDED,
4 HOWEVER, THAT IN NO EVENT, SHALL THE NAME OF ANY PERSON
5 CONSENTING TO BE A CANDIDATE FOR NOMINATION FOR ANY ONE OFFICE[, <--
6 EXCEPT THE OFFICE OF JUDGE OF A COURT OF [RECORD] COMMON PLEAS, <--
7 THE PHILADELPHIA MUNICIPAL COURT OR THE TRAFFIC COURT OF
8 PHILADELPHIA, OR THE OFFICE OF SCHOOL DIRECTOR IN DISTRICTS
9 WHERE THAT OFFICE IS ELECTIVE OR THE OFFICE OF JUSTICE OF THE
10 PEACE] BE PRINTED AS A CANDIDATE FOR SUCH OFFICE UPON THE <--
11 OFFICIAL PRIMARY BALLOT OF MORE THAN ONE PARTY. ALL BALLOTS FOR
12 USE IN THE SAME ELECTION DISTRICT AT ANY PRIMARY OR ELECTION
13 SHALL BE ALIKE. THEY SHALL BE AT LEAST SIX INCHES LONG AND FOUR
14 INCHES WIDE, AND SHALL HAVE A MARGIN EXTENDING BEYOND ANY
15 PRINTING THEREON. THEY SHALL BE PRINTED WITH THE SAME KIND OF
16 TYPE (WHICH SHALL NOT BE SMALLER THAN THE SIZE KNOWN AS
17 "BREVIER" OR "EIGHT POINT BODY") UPON WHITE PAPER OF UNIFORM
18 QUALITY, WITHOUT ANY IMPRESSION OR MARK TO DISTINGUISH ONE FROM
19 ANOTHER, AND WITH SUFFICIENT THICKNESS TO PREVENT THE PRINTED
20 MATTER FROM SHOWING THROUGH. EACH BALLOT SHALL BE ATTACHED TO A
21 STUB, AND ALL THE BALLOTS FOR THE SAME ELECTION DISTRICT SHALL
22 BE BOUND TOGETHER IN BOOKS OF FIFTY, IN SUCH MANNER THAT EACH
23 BALLOT MAY BE DETACHED FROM ITS STUB AND REMOVED SEPARATELY. THE
24 BALLOTS FOR EACH PARTY TO BE USED AT A PRIMARY SHALL BE BOUND
25 SEPARATELY. THE STUBS OF THE BALLOTS SHALL BE CONSECUTIVELY
26 NUMBERED, AND IN THE CASE OF PRIMARY BALLOTS, THE NUMBER SHALL
27 BE PRECEDED BY AN INITIAL OR ABBREVIATION DESIGNATING THE PARTY
28 NAME. THE NUMBER AND INITIAL OR ABBREVIATION WHICH APPEARS UPON
29 THE STUB SHALL ALSO BE PRINTED IN THE UPPER RIGHT HAND CORNER OF
30 THE BACK OF THE BALLOT, SEPARATED FROM THE REMAINDER OF THE
19850H1000B2676 - 22 -
1 BALLOT BY A DIAGONAL PERFORATED LINE SO PREPARED THAT THE UPPER
2 RIGHT HAND CORNER OF THE BACK OF THE BALLOT CONTAINING THE
3 NUMBER MAY BE DETACHED FROM THE BALLOT BEFORE IT IS DEPOSITED IN
4 THE BALLOT BOX AND BESIDE THAT CORNER SHALL ALSO BE PRINTED,
5 "REMOVE NUMBERED STUB IMMEDIATELY BEFORE DEPOSITING YOUR BALLOT
6 IN BALLOT BOX."
7 SECTION 12. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
C18L25JLW/19850H1000B2676 - 23 -