1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2"An act concerning elections, including general, municipal,
3special and primary elections, the nomination of candidates,
4primary and election expenses and election contests; creating
5and defining membership of county boards of elections;
6imposing duties upon the Secretary of the Commonwealth,
7courts, county boards of elections, county commissioners;
8imposing penalties for violation of the act, and codifying,
9revising and consolidating the laws relating thereto; and
10repealing certain acts and parts of acts relating to
11elections," in nomination of candidates, requiring drug
12screening for candidates for certain elective public offices.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 913 of the act of June 3, 1937 (P.L.1333,
16No.320), known as the Pennsylvania Election Code, amended or
17added June 28, 1947 (P.L.1055, No.451), August 13, 1963
18(P.L.707, No.379), December 2, 1976 (P.L.1221, No.269), July 21,
191979 (P.L.189, No.63) and October 8, 2004 (P.L.807, No.97), and
20repealed in part December 12, 1984 (P.L.968, No.190), is amended
21to read:

22Section 913. Place and Time of Filing Nomination Petitions;

1Drug Screening Results and Drug Screening Certificates of 
2Compliance; Filing Fees.--(a) Nomination petitions in the case
3of candidates for the office of President of the United States,
4United States Senator, Representative in Congress and for all
5State offices, including senators, representatives and judges of
6courts of record, for the office of delegate or alternate
7delegate to National party conventions, and for the office of a
8member of a State or National committee, shall be filed with the
9Secretary of the Commonwealth. Nomination petitions in all other
10cases shall be filed with the county boards of election of the
11respective counties. Nomination petitions for candidates for any
12office to be voted for by the electors of any city, borough,
13township, ward or school district which is situate in two or
14more counties, shall be filed with the county board of the
15county in which the major number of the registered electors of
16such city, borough, township, ward or school district reside.
17Immediately after the last day for such candidates to withdraw
18and after they have cast lots for their position on the ballots
19or ballot labels, the said county board shall certify to the
20county board of each other county involved a list of the names,
21addresses and occupations of the candidates so filing nomination
22petitions for each party, together with the order in which their
23names are to appear upon the primary ballots or ballot labels,
24and such other county board shall prepare the primary ballots or
25ballot labels to be used in the portion of such city, borough,
26township, ward or school district situate in such county
27accordingly. In addition to nomination petitions, all candidates 
28for any State, county, city, borough, incorporated town, 
29township, ward, school district, poor district or election 
30district office, party office or party delegate or alternate
 

1shall file drug screening results and drug screening 
2certificates of compliance with the location in which the 
3nomination petitions are to be filed under this subsection.

4(b.1) Each person filing any nomination petition shall pay
5for each petition, at the time of filing, a filing fee to be
6determined as follows, and no nomination petition shall be
7accepted or filed, unless and until drug screening results and a 
8drug screening certificate of compliance are filed for the 
9person, if applicable, and until such filing fee is paid by a
10certified check or money order or also by cash when filed with
11the county board. All moneys paid on account of filing fees
12shall be transmitted by the county board to the county treasurer
13and shall become part of the General Fund. Certified checks or
14money orders in payment of filing fees shall be made payable to
15the Commonwealth of Pennsylvania or to the county, as the case
16may be, and shall be transmitted to the State Treasurer or to
17the county treasurer and shall become part of the General Fund.
18There shall be no fee for filing drug screening results or drug 
19screening certificates of compliance.

201. If for the office of President of the United States, or
21for any public office to be filled by the electors of the State
22at large, the sum of two hundred dollars ($200.00).

232. If for the office of Representative in Congress, the sum
24of one hundred fifty dollars ($150.00).

253. If for the office of judge of a court of record,
26excepting judges to be voted for by the electors of the State at
27large, the sum of one hundred dollars ($100.00).

284. If for the offices of Senator or Representative in the
29General Assembly, for any office to be filled by the electors of
30an entire county, for the office of district councilman in a

1city of the first class and for any office other than school
2district office to be filled by the electors of an entire city,
3the sum of one hundred dollars ($100.00), except as provided in
4paragraph 4.1.

54.1. If for nonschool board offices for any third class city
6official, the sum of twenty-five dollars ($25.00).

76. If for the office of delegate or alternate delegate to
8National party convention, or member of National committee or
9member of State committee, the sum of twenty-five dollars
10($25.00).

117. If for the office of constable, the sum of ten dollars
12($10.00).

138. If for the office of district councilman in a city of the
14second class or the office of district justice, the sum of fifty
15dollars ($50.00).

16(b.2) A filing fee shall not be paid for a nomination
17petition for any public office for which no compensation is
18provided by law, nor for any nomination petition for any public
19officer in any borough, town or township nor any party officer
20except as provided above nor for any nomination petition for
21judge of election or inspector of elections.

22(c) The filing fees herein provided for shall not be
23refunded in the event of the withdrawal of any candidate named
24in any petition, or for any other cause whatsoever.

25(d) All nomination petitions, drug screening results and 
26drug screening certificates of compliance shall be filed on or
27before the tenth Tuesday prior to the primary.

28(e) The office in which a nomination petition, drug 
29screening results and drug screening certificate of compliance
30[is] are filed shall issue to the person filing the nomination

1petition, and drug screening results and drug screening 
2certificate of compliance, if applicable, a receipt containing
3the date and time of filing, the name of the candidate and the
4office for which he is a candidate.

5(f) Each person filing any nomination petition, and drug 
6screening results and a drug screening certificate of 
7compliance, if applicable, for public office shall be given a
8statement composed by the Secretary of the Commonwealth setting
9forth his duties under law to file pre-election and post-
10election campaign finance reports, and the penalties for
11nonfiling. Each person filing shall also be given a form to file
12expenses if the amount received or expended or liabilities
13incurred shall exceed the sum of two hundred fifty dollars
14($250), and a form containing a sworn statement that the amount
15received or expended or liabilities incurred do not exceed the
16sum of two hundred fifty dollars ($250), with written
17instructions prepared by the Secretary of the Commonwealth.
18Within three weeks after such candidate has filed, the
19appropriate supervisor shall mail the same forms and
20instructions to such candidate by first class mail.

21Petitions, drug screening results and drug screening 
22certificates of compliance to be filed in the office of the
23Secretary of the Commonwealth shall be received in said office
24not later than 5 o'clock P.M. on the last day for filing same,
25and all petitions, drug screening results and drug screening 
26certificates of compliance to be filed with any county board of
27elections shall be received in said office not later than the
28ordinary closing hour of said office on the last day for filing
29same.

30Section 2. The act is amended by adding sections to read:

1Section 913.1. Drug Screening of Certain Candidates.--(a)
2Candidates for any State, county, city, borough, incorporated
3town, township, ward, school district, poor district, election
4district, party office or party delegate or alternate shall
5submit, at their own expense, to a drug test no later than ten
6(10) days before submitting a nomination petition under section
7913.

8Section 913.2. Drug Screening Certificate of Compliance.--
9(a) Each candidate for any State, county, city, borough,
10incorporated town, township, ward, school district, poor
11district, election district, party office or party delegate or
12alternate shall file, at the time of filing a nomination
13petition under section 913, a drug screening certificate of
14compliance stating that such candidate has been tested for
15illegal drugs and prescription medication, which has not been
16prescribed for the candidate.

17(b) The drug screening certificate of compliance shall
18include all of the following information:

19(1) The name of the candidate.

20(2) The home address of the candidate.

21(3) The date the drug screening was administered.

22(4) The name of the physician or health care facility that
23administered the drug screening.

24(5) The address of the physician or health care facility
25that administered the drug screening.

26(6) The license number of the physician or health care
27facility that administered the drug screening.

28(7) A sworn statement that all of the information contained
29on the certificate of compliance is correct.

30(8) The signature of the candidate.

1(9) The signature of the physician or health care
2practitioner who administered the drug screening.

3Section 3. Sections 1803, 1804, 1813 and 1814 of the act are
4amended to read:

5Section 1803. Refusal to Permit Inspection of Papers;
6Destruction or Removal; Secretary of the Commonwealth.--Any
7Secretary of the Commonwealth, deputy, or employe of his office,
8who shall refuse to permit the public inspection or copying as
9authorized, except when in use in his office, by this act, of
10any return, nomination petition, drug screening certificate of 
11compliance, certificate or paper, other petition, account,
12contract, report or any other document or record in his custody
13which, under the provisions of this act, is required to be open
14to public inspection; or who shall destroy or alter, or permit
15to be destroyed or altered, any such document or record during
16the period for which the same is required to be kept in his
17office; or who shall remove any such document or record from his
18office during said period, or permit the same to be removed,
19except pursuant to the direction of any competent court or any
20committee required to determine any contested primary or
21election, shall be guilty of a misdemeanor, and, upon conviction
22thereof, shall be sentenced to pay a fine not exceeding one
23thousand ($1,000) dollars, or to undergo an imprisonment of not
24less than one (1) month nor more than two (2) years, or both, in
25the discretion of the court.

26Section 1804. Refusal to Permit Inspection of Papers;
27Destruction or Removal; County Boards of Elections.--Any member,
28chief clerk or other employe of any county board of elections,
29who shall refuse to permit the public inspection or copying, as
30authorized by this act, of any general or duplicate return

1sheet, tally paper, affidavit, nomination petition, drug 
2screening certificate of compliance, certificate or paper, other
3petition, witness list, account, contract, report or any other
4document or record in the custody of such county board which,
5under the provisions of this act, is required to be open to
6public inspection; or who shall destroy or alter, or permit to
7be destroyed or altered, any such document or record during the
8period for which the same is required to be kept in the office
9of such county board; or who shall remove any such document or
10record from the office of such county board during said period,
11or permit the same to be removed, except pursuant to the
12direction of any competent court or any committee required to
13determine any contested primary or election, shall be guilty of
14a misdemeanor, and, upon conviction thereof, shall be sentenced
15to pay a fine not exceeding one thousand ($1,000) dollars, or to
16undergo an imprisonment of not less than one (1) month nor more
17than two (2) years, or both, in the discretion of the court.

18Section 1813. False Signatures and Statements in Nomination
19Petitions and Papers and Drug Screening Certificates of 
20Compliance.--If any person shall knowingly make a false
21statement in any affidavit required by the provisions of this
22act, to be appended to or to accompany a nomination petition
23[or], a nomination paper or a drug screening certificate of 
24compliance, or if any person shall fraudulently sign any name
25not his own to any nomination petition [or], nomination paper or 
26drug screening certificate of compliance, or if any person shall
27fraudulently alter any nomination petition [or], nomination
28paper or drug screening certificate of compliance without the
29consent of the signers, he shall be guilty of a misdemeanor,
30and, upon conviction thereof, shall be sentenced to pay a fine

1not exceeding five hundred ($500) dollars, or to undergo
2imprisonment of not more than one (1) year, or both, in the
3discretion of the court.

4Section 1814. Nomination Petitions; Certificates and Papers;
5Drug Screening Certificates of Compliance; Destruction;
6Fraudulent Filing; Suppression.--Any person who shall falsely
7make any nomination certificate or drug screening certificate of 
8compliance, or who shall wilfully deface or destroy any
9nomination petition, nomination certificate [or], nomination
10paper or drug screening certificate of compliance, or any part
11thereof, or any letter of withdrawal, or who shall file any
12nomination petition, nomination certificate [or], nomination
13paper, drug screening certificate of compliance or letter of
14withdrawal knowing the same, or any part thereof, to be falsely
15made, or who shall suppress any nomination petition, nomination
16certificate [or], nomination paper or drug screening certificate 
17of compliance, or any part thereof, which has been duly filed,
18shall be guilty of a misdemeanor, and, upon conviction thereof,
19shall be sentenced to pay a fine not exceeding one thousand
20($1,000) dollars, or to undergo an imprisonment of not more than
21one (1) year, or both, in the discretion of the court.

22Section 4. This act shall take effect in 60 days.