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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY METCALFE, BAKER, COX, CREIGHTON, EVERETT, GABLER, GEIST, GILLEN, GINGRICH, GROVE, HESS, KAUFFMAN, MALONEY, METZGAR, MILLARD, MILLER, MOUL, PYLE, RAPP, READSHAW, ROAE, ROCK, SONNEY AND SWANGER, APRIL 20, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 20, 2011 |
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| AN ACT |
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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," in nomination of candidates, further providing |
12 | for affidavits of candidates; and providing for affidavits of |
13 | candidates for President and Vice President of United States. |
14 | The General Assembly of the Commonwealth of Pennsylvania |
15 | hereby enacts as follows: |
16 | Section 1. Section 910 of the act of June 3, 1937 (P.L.1333, |
17 | No.320), known as the Pennsylvania Election Code, amended May |
18 | 12, 2006 (P.L.178, No.45), is amended to read: |
19 | Section 910. Affidavits of Candidates.--Each candidate for |
20 | any State, county, city, borough, incorporated town, township, |
21 | ward, school district, poor district, election district, party |
22 | office, party delegate or alternate, or for the office of United |
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1 | States Senator or Representative in Congress, shall file with |
2 | his nomination petition his affidavit stating--(a) his |
3 | residence, with street and number, if any, and his post-office |
4 | address; (b) his election district, giving city, borough, town |
5 | or township; (c) the name of the office for which he consents to |
6 | be a candidate; (d) that he is eligible for such office; (e) |
7 | that he will not knowingly violate any provision of this act, or |
8 | of any law regulating and limiting nomination and election |
9 | expenses and prohibiting corrupt practices in connection |
10 | therewith; (f) unless he is a candidate for judge of a court of |
11 | common pleas, the Philadelphia Municipal Court or the Traffic |
12 | Court of Philadelphia, or for the office of school director in a |
13 | district where that office is elective or for the office of |
14 | justice of the peace that he is not a candidate for nomination |
15 | for the same office of any party other than the one designated |
16 | in such petition; (g) if he is a candidate for a delegate, or |
17 | alternate delegate, member of State committee, National |
18 | committee or party officer, that he is a registered and enrolled |
19 | member of the designated party; (h) if he is a candidate for |
20 | delegate or alternate delegate the presidential candidate to |
21 | whom he is committed or the term "uncommitted"; (i) that he is |
22 | aware of the provisions of section 1626 of this act requiring |
23 | pre-election and post-election reporting of campaign |
24 | contributions and expenditures; and (j) that he is not a |
25 | candidate for an office which he already holds, the term of |
26 | which is not set to expire in the same year as the office |
27 | subject to the affidavit. In cases of petitions for delegate and |
28 | alternate delegate to National conventions, the candidate's |
29 | affidavit shall state that his signature to the delegate's |
30 | statement, as hereinafter set forth, if such statement is signed |
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1 | by said candidate, was affixed to the sheet or sheets of said |
2 | petition prior to the circulation of same. [In the case of a |
3 | candidate for nomination as President of the United States, it |
4 | shall not be necessary for such candidate to file the affidavit |
5 | required in this section to be filed by candidates, but the |
6 | post-office address of such candidate shall be stated in such |
7 | nomination petition.] Each candidate who submits an affidavit |
8 | under this section shall append to the affidavit documentation |
9 | that provides proof that the candidate is a citizen of the |
10 | United States, proof of the candidate's age and proof that the |
11 | candidate meets the applicable residency requirements for the |
12 | office sought. |
13 | Section 2. The act is amended by adding a section to read: |
14 | Section 910.1. Affidavits of Candidates for President and |
15 | Vice President of the United States.–-(a) Each candidate for |
16 | President of the United States shall file with his or her |
17 | nomination petition or substituted nomination certificate or the |
18 | applicable nomination paper an affidavit containing information |
19 | enumerated in section 910(a), (b), (c), (d), (e) and (f) and |
20 | shall append to the affidavit documentation that provides proof |
21 | that the candidate is a natural born citizen, proof of the |
22 | candidate's age and proof that the candidate meets the residency |
23 | requirements set forth in section 1 of Article II of the |
24 | Constitution of the United States. |
25 | (b) No later than the eighth Tuesday prior to the general |
26 | election in the year of the nomination of a President of the |
27 | United States, each candidate for Vice President of the United |
28 | States shall submit to the Secretary of the Commonwealth an |
29 | affidavit containing information enumerated in section 910(a), |
30 | (b), (c), (d), (e) and (f) and shall append to the affidavit |
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1 | documentation that provides proof that the candidate is a |
2 | natural born citizen, proof of the candidate's age and proof |
3 | that the candidate meets the residency requirements set forth in |
4 | section 1 of Article II of the Constitution of the United |
5 | States. |
6 | Section 3. This act shall take effect in 90 days. |
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