THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CALTAGIRONE, MARSICO, BAKER, BRENNAN, CASORIO, D. COSTA, DRUCKER, GABIG, HARPER, KOTIK, KULA, LENTZ, WAGNER, WATERS AND WHITE, APRIL 27, 2010

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 3, 2010   

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," further providing for district election boards

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and for the filing of nomination petitions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 907 of the act of June 3, 1937 (P.L.1333,

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No.320), known as the Pennsylvania Election Code, amended

December 22, 1971 (P.L.613, No.165), is amended to read:

Section 1.  Section 401 of the act of June 3, 1937 (P.L.1333,

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No.320), known as the Pennsylvania Election Code, amended

February 10, 1956 (1955 P.L.1019, No.319), is amended to read:

Section 401.  District Election Boards; Election.--(a)  All

primaries and elections shall be conducted in each election

district by a district election board consisting of a judge of

election, a majority inspector of election and a minority

inspector of election, assisted by clerks and machine inspectors

in certain cases, as hereinafter provided.

(b)  (1)  No later than the Monday preceding the thirteenth

Tuesday preceding a primary in which persons seek a party

nomination for the office of judge of election or inspector of

election, a county board may opt by majority vote to permit

persons qualified to serve as and seeking election to the office

of judge of election or inspector of election to have their

names placed upon the primary ballots by filing a declaration of

candidacy with the county board as an alternative to presenting

a nominating petition as required by section 912.1.

(2)  A decision to proceed under this subsection shall remain

in effect until rescinded by majority vote of the county board,

except that the county board may not rescind its decision at any

time between the thirteenth Tuesday preceding a primary in which

persons seek a party nomination for the office of judge of

election or inspector of election and the Wednesday following

the tenth Tuesday prior to such primary.

(3)  Nothing in this subsection shall be construed to limit

the number of times a county board may opt to proceed under this

section. The Secretary of the Commonwealth shall prescribe the

format of the declaration of candidacy. The declaration of

candidacy shall include a candidate affidavit.

(c)  The judge and inspectors of election of each election

district shall be elected by the electors thereof at the

municipal election, and shall hold office for a term of four

years from the first Monday of January next succeeding their

election.

(d)  Each elector may vote for one person as judge and for

one person as inspector, and the person receiving the highest

number of votes for judge shall be declared elected judge of

election, the person receiving the highest number of votes for

inspector shall be declared elected majority inspector of

election, and the person receiving the second highest number of

votes for inspector shall be declared elected minority inspector

of election.

Section 2.  Section 907 of the act, amended December 22, 1971

(P.L.613, No.165), is amended to read:

Section 907.  Nomination Petitions to Be Filed.--[The] (a) 

Except as provided under subsection (b), the names of candidates

for nomination as President of the United States, and the names

of all other candidates for party nominations, and for election

as delegates, alternate delegates, members of committees and

other party officers, shall be printed upon the official primary

ballots or ballot labels of a designated party, upon the filing

of separate nomination petitions in their behalf, in form

prescribed by the Secretary of the Commonwealth, signed by duly

registered and enrolled members of such party who are qualified

electors of the State, or of the political district, as the case

may be, within which the nomination is to be made or election is

to be held. Nomination petitions of delegates and alternate

delegates to National conventions committed to support a

particular presidential candidate must be signed by the

particular presidential candidate to whom support is pledged

before it can be certified by the Secretary of the Commonwealth.

The name of no candidate shall be placed upon the official

ballots or ballot labels of a political party to be used at any

primary, unless such petition shall have been filed in his

behalf. In no event shall any person's name be printed upon the

official ballots or ballot labels of any party for the office of

delegate, alternate delegate, member of committee or other party

officer, unless he is a duly registered and enrolled member of

said party.

(b)  The names of candidates that are serving as magisterial

district judges and that are seeking party nomination shall be

printed upon the official primary ballots or ballot labels of

all parties eligible to hold a primary, upon the filing of a

declaration of candidacy in a form prescribed by the Secretary

of the Commonwealth, if the magisterial district judge was

elected to the office he holds at the time of filing the

declaration of candidacy. The declaration of candidacy shall be

filed with the office of the board of elections of the county in

which the magisterial district lies and shall be filed on or

before the first Monday of January of the year preceding the

year in which the term of office expires.

Section 2 3.  This act shall take effect in 60 days.

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