PRINTER'S NO. 955
No. 821 Session of 2007
INTRODUCED BY CORMAN, FOLMER, PICCOLA, WAUGH AND VANCE, MAY 2, 2007
REFERRED TO STATE GOVERNMENT, MAY 2, 2007
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," further defining political parties and political 12 bodies; and repealing provisions relating to nominations by 13 minor political parties. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 801(a) and (b) of the act of June 3, 1937 17 (P.L.1333, No.320), known as the Pennsylvania Election Code, 18 amended July 28, 1941 (P.L.526, No.213) and December 22, 1971 19 (P.L.613, No.165), are amended to read: 20 Section 801. Definition of Political Parties and Political 21 Bodies.-- 22 (a) Any party or political body[, one of whose candidates at 23 the general election next preceding the primary polled in each
1 of at least ten counties of the State not less than two per 2 centum of the largest entire vote cast in each of said counties 3 for any elected candidate, and polled a total vote in the State 4 equal to at least two per centum of the largest entire vote cast 5 in the State for any elected candidate,] whose State-wide 6 registration is at least equal to five one-hundredths of one per 7 centum of the total number of State-wide registered voters as of 8 the close of the registration period immediately preceding the 9 most recent November election is hereby declared to be a 10 political party within the State, and shall nominate all its 11 candidates for any of the offices provided for in this act, and 12 shall elect its delegates and alternate delegates to the 13 National convention as party rules provide. State committee 14 members, and also such party officers, including members of the 15 National committee, as its rules provide, shall be elected by a 16 vote of the party electors, in accordance with the provisions of 17 this act and party rules. 18 (b) Any party or political body[, one of whose candidates at 19 either the general or municipal election preceding the primary 20 polled at least five per centum of the largest entire vote cast 21 for any elected candidate in any county,] whose county-wide 22 registration is at least equal to one-tenth of one per centum of 23 the total number of county-wide registered voters as of the 24 close of the registration period immediately preceding the most 25 recent November election is hereby declared to be a political 26 party within said county; and shall nominate all its candidates 27 for office in such county and in all political districts within 28 said county, or of which said county forms a part, and shall 29 elect such party officers as its rules provide shall be elected 30 therein, by a vote of the party electors, in accordance with the 20070S0821B0955 - 2 -
1 provisions of this act. 2 * * * 3 Section 2. Section 912.2 of the act, added February 19, 1986 4 (P.L.29, No.11), is repealed: 5 [Section 912.2. Nominations by Minor Political Parties.--(a) 6 Notwithstanding any other provision in this act to the contrary, 7 minor political parties shall nominate all of their candidates 8 for the offices to be filled at the ensuing November election 9 pursuant to section 903 in accordance with the requirements of 10 section 951, other than subsection (e)(6) and (7) thereof, and 11 section 954, and shall obtain the required signatures during the 12 same time frame available to political bodies. Minor political 13 parties shall be subject to the provisions of this act 14 applicable to political parties with respect to special 15 elections, voter registration forms, substituted nominations and 16 all other purposes except as otherwise expressly provided in 17 this section. "Minor political party" shall mean a political 18 party as defined in section 801(a) or (b) whose State-wide 19 registration is less than fifteen per centum of the combined 20 State-wide registration for all State-wide political parties as 21 of the close of the registration period immediately preceding 22 the most recent November election. The Secretary of the 23 Commonwealth shall prescribe forms or, if there is insufficient 24 time, make appropriate conforming changes in existing forms to 25 carry out the purposes of this section. 26 (b) All nomination papers circulated and filed pursuant to 27 this section shall specify--(1) the name or appellation of the 28 minor political party which the candidates nominated thereby 29 represent and, in the case of electors for President and Vice 30 President of the United States, the names of the candidates for 20070S0821B0955 - 3 -
1 President and Vice President of such minor political party; (2) 2 the name of each candidate nominated therein, his profession, 3 business or occupation, if any, and his place of residence with 4 street and number, if any; and (3) the office for which such 5 candidate is nominated. No words shall be used in any nomination 6 paper to designate the name or appellation of the minor 7 political party represented by the candidate's name in such 8 nomination paper which are identical with or deceptively similar 9 to the words used for a like purpose by any minor political 10 party which has already filed nomination papers for the same 11 office. Any petition to set aside a nomination paper on account 12 of the name or appellation used therein, or involving the right 13 of the signers thereof to use such name or appellation, or on 14 any other account, shall be decided as in the case of other 15 petitions to set aside nomination papers, in the manner provided 16 by this article. 17 (c) Each person filing any nomination paper for public 18 office shall be given a statement composed by the Secretary of 19 the Commonwealth setting forth his duties under law to file pre- 20 election and post-election campaign finance reports and the 21 penalties for nonfiling. Each person filing any nomination paper 22 for public office shall be given a form to file expenses if the 23 amount received or expended or liabilities incurred shall exceed 24 the sum of two hundred fifty dollars ($250), and a form 25 containing a sworn statement that the amount received or 26 expended or liabilities incurred do not exceed the sum of two 27 hundred fifty dollars ($250), with written instructions prepared 28 by the Secretary of the Commonwealth. Within three weeks after 29 such candidate has filed, the appropriate supervisor shall mail 30 the same forms and instructions to such candidate by first class 20070S0821B0955 - 4 -
1 mail.] 2 Section 3. This act shall take effect in 60 days. B9L25DMS/20070S0821B0955 - 5 -