SENATE AMENDED PRIOR PRINTER'S NOS. 1137, 1835, 1954, PRINTER'S NO. 2833 2501, 2676
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, FEBRUARY 3, 1986
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 19850H1000B2833 - 2 -
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 <-- 19850H1000B2833 - 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 19850H1000B2833 - 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 <-- 19850H1000B2833 - 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 19850H1000B2833 - 6 -
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 19850H1000B2833 - 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 19850H1000B2833 - 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 19850H1000B2833 - 9 -
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 19850H1000B2833 - 10 -
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 19850H1000B2833 - 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, 19850H1000B2833 - 12 -
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 OR FOR JUSTICE OF THE PEACE, IN WHICH <-- 23 EVENT THE CIRCULATOR NEED NOT BE A DULY REGISTERED AND ENROLLED 24 MEMBER OF THE DESIGNATED PARTY]; (B) HIS RESIDENCE, GIVING CITY, <-- 25 BOROUGH OR TOWNSHIP, WITH STREET AND NUMBER, IF ANY; (C) THAT 26 THE SIGNERS THERETO SIGNED WITH FULL KNOWLEDGE OF THE CONTENTS 27 OF THE PETITION; (D) THAT THEIR RESPECTIVE RESIDENCES ARE 28 CORRECTLY STATED THEREIN; (E) THAT THEY ALL RESIDE IN THE COUNTY 29 NAMED IN THE AFFIDAVIT; (F) THAT EACH SIGNED ON THE DATE SET 30 OPPOSITE HIS NAME; AND (G) THAT, TO THE BEST OF AFFIANT'S 19850H1000B2833 - 13 -
1 KNOWLEDGE AND BELIEF, THE SIGNERS ARE QUALIFIED ELECTORS AND 2 DULY REGISTERED AND ENROLLED MEMBERS OF THE DESIGNATED PARTY OF 3 THE STATE, OR OF THE POLITICAL DISTRICT, 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 19850H1000B2833 - 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 19850H1000B2833 - 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 <-- 19850H1000B2833 - 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 19850H1000B2833 - 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 19850H1000B2833 - 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 19850H1000B2833 - 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 19850H1000B2833 - 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 19850H1000B2833 - 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 19850H1000B2833 - 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/19850H1000B2833 - 23 -