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                                                      PRINTER'S NO. 1227

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1081 Session of 1997


        INTRODUCED BY HANNA, WAUGH, YOUNGBLOOD, DALEY, LEH AND PESCI,
           APRIL 2, 1997

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 2, 1997

                                     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," providing for nonpartisan school board elections.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  The act of June 3, 1937 (P.L.1333, No.320), known
    15  as the Pennsylvania Election Code, is amended by adding an
    16  article to read:
    17                            ARTICLE IX-A
    18                 Nonpartisan School Board Elections
    19     Section 901-A.  Nomination of School Board Candidates.--(a)
    20  Notwithstanding any provisions in this act to the contrary,
    21  candidates for school board offices to be filled at the ensuing
    22  November election pursuant to section 903 in accordance with the

     1  requirements set forth in this section.
     2     (b)  All nomination petitions circulated and filed pursuant
     3  to this section shall specify:
     4     (1)  that the candidate is running for a nonpartisan office;
     5     (2) the name of the candidate nominated therein, his
     6  profession, business or occupation, if any, and his place of
     7  residence with street and number, if any; and
     8     (3)  the office, including the political district, that the
     9  candidate is seeking. No words shall be used in the petition to
    10  designate the name or appellation of any political party.
    11     (c)  Each signer of a nomination petition shall sign but one
    12  such petition for each office to be filled: Provided, however,
    13  That where there are to be elected two or more persons to the
    14  same office, each signer may sign petitions for as many
    15  candidates for such office as, and no more than, the signer
    16  could vote for at the succeeding election. The signer shall
    17  declare therein that he is a registered and qualified elector of
    18  the political district therein in which the election is to be
    19  held. The signer shall add his occupation and residence, giving
    20  city, borough or township, with street and number, if any, and
    21  shall add also the date of signing, expressed in words and
    22  numbers: Provided, however, That if the said political district
    23  named in the petition lies wholly within any city, borough or
    24  township, or is coextensive with same, it shall not be necessary
    25  for any signer of a nomination petition to state therein the
    26  city, borough or township of his residence. No nomination
    27  petition shall be circulated prior to the thirteenth Tuesday
    28  before the primary, and no signature shall be counted unless it
    29  bears a date affixed not earlier than the thirteenth Tuesday nor
    30  later than the tenth Tuesday prior to the primary.
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     1     (d)  Each person filing any nomination paper under this
     2  section shall be given a statement composed by the Secretary of
     3  the Commonwealth setting forth his duties under law to file pre-
     4  election and post-election campaign finance reports and the
     5  penalties for nonfiling. Each person filing any nomination
     6  petition for public office shall be given a form to file
     7  expenses if the amount received or expended or liabilities
     8  incurred shall exceed the sum of two hundred fifty dollars
     9  ($250), and a form containing a sworn statement that the amount
    10  received or expended or the liabilities incurred do not exceed
    11  the sum of two hundred fifty dollars ($250), with written
    12  instructions prepared by the Secretary of the Commonwealth.
    13  Within three weeks after such candidate has filed, the
    14  appropriate supervisor shall mail the same forms and
    15  instructions to such candidate by first class mail.
    16     (e)  Nomination petitions for candidates under this section
    17  shall be filed with the county boards of election of the
    18  respective counties. Nomination petitions for candidates for any
    19  office to be voted upon by the electors of any school district
    20  which is situated in two or more counties shall be filed with
    21  the county board of elections of the county in which the major
    22  number of the registered electors of such school district
    23  reside. Immediately after the last day for such candidates to
    24  withdraw and after they have cast lots for their position on the
    25  ballots or ballot labels, the county board of elections shall
    26  certify to the county board of elections of each other county
    27  involved a list of the names, addresses and occupations of the
    28  candidates so filing nomination petitions, together with the
    29  order in which their names are to appear upon the ballots or
    30  ballot labels, and such other county board of elections shall
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     1  prepare the ballots or ballot labels to be used in the portion
     2  of such school district situate in such county accordingly.
     3     (f)  The two candidates who receive pluralities of the votes
     4  in their political district at the primary election shall be the
     5  candidates for their respective office: Provided, however, That
     6  where there are to be elected two or more persons to the same
     7  office, the number of candidates who may be elected plus one
     8  additional candidate shall be the candidates for their
     9  respective offices.
    10     Section 902-A.  Party Affiliation Not Designated.--No party
    11  affiliation shall be noted in the ballot or ballot labels in the
    12  primary or general election for school board candidates.
    13     Section 903-A.  Election to School Board Offices.--The
    14  candidates who receive the pluralities of the votes in their
    15  political districts at the general election shall be elected to
    16  their respective offices.
    17     Section 904-A.  Regulations.--The Department of State shall
    18  promulgate all necessary regulations to enforce and administer
    19  this article.
    20     Section 2.  All acts and parts of acts are repealed insofar
    21  as they are inconsistent with this act.
    22     Section 3.  This act shall take effect in one year.






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