PRINTER'S NO. 1227
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. 19970H1081B1227 - 2 -
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 19970H1081B1227 - 3 -
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. B12L25JS/19970H1081B1227 - 4 -