PRINTER'S NO. 4170
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2719
Session of
2020
INTRODUCED BY LAWRENCE, BERNSTINE, DeLUCA, DUNBAR, GILLEN,
F. KELLER, MENTZER, MURT, RYAN, SAYLOR AND ZIMMERMAN,
JULY 30, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 30, 2020
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," in preliminary provisions, further providing for
definitions; in dates of elections and primaries and special
elections, further providing for affidavits of candidates;
and, in nomination of candidates, further providing for
affidavits of candidates, for nominations by political
bodies, for examination of nomination petitions, certificates
and papers and return of rejected nomination petitions,
certificates and papers and for affidavits of candidates.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is amended by
adding subsections to read:
Section 102. Definitions.--The following words, when used in
this act, shall have the following meanings, unless otherwise
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clearly apparent from the context:
***
(z.6) The words "controlled substance" shall mean a drug,
substance or immediate precursor included in Schedule I of
section 4 of the act of April 14, 1972 (P.L.233, No.64), known
as "The Controlled Substance, Drug, Device and Cosmetic Act."
(z.7) The words "testing laboratory" shall mean a laboratory
that is certified by the United States Department of Health and
Human Services to conduct drug and specimen validity tests on
urine specimens for Federal agencies.
Section 2. Sections 630.1, 910, 951(e), 976 first paragraph
and 981.1 of the act are amended to read:
Section 630.1. Affidavits of Candidates.--Each candidate for
any State, county, city, borough, incorporated town, township,
school district or poor district office, or for the office of
United States Senator or Representative in Congress, selected as
provided in section 630 of this act, shall file with the
nomination certificate an affidavit stating--(a) his residence,
with street and number, if any, and his post-office address; (b)
his election district, giving city, borough, town or township;
(c) the name of the office for which he consents to be a
candidate; (d) that he is eligible for such office; (e) that he
will not knowingly violate any provision of this act, or of any
law regulating and limiting election expenses and prohibiting
corrupt practices in connection therewith; (f) unless he is a
candidate for judge of a court of common pleas, the Philadelphia
Municipal Court or the Traffic Court of Philadelphia, or for the
office of school board in a district where that office is
elective or for the office of justice of the peace, that he is
not a candidate for the same office of any party or political
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body other than the one designated in such certificate; (g) that
he is aware of the provisions of section 1626 of this act
requiring election and post-election reporting of campaign
contributions and expenditures; [and] (h) that he is not a
candidate for an office which he already holds, the term of
which is not set to expire in the same year as the office
subject to the affidavit[.]; and (i) in the case of a candidate
for State office, that the candidate has undergone controlled
substance testing conducted by a testing laboratory no more than
thirty (30) days prior to the deadline for filing the affidavit.
Each candidate for State office who submits an affidavit under
this section shall append to the affidavit the controlled
substance testing report.
Section 910. Affidavits of Candidates.--Each candidate for
any State, county, city, borough, incorporated town, township,
ward, school district, poor district, election district, party
office, party delegate or alternate, or for the office of United
States Senator or Representative in Congress, shall file with
his nomination petition his affidavit stating--(a) his
residence, with street and number, if any, and his post-office
address; (b) his election district, giving city, borough, town
or township; (c) the name of the office for which he consents to
be a candidate; (d) that he is eligible for such office; (e)
that he will not knowingly violate any provision of this act, or
of any law regulating and limiting nomination and election
expenses and prohibiting corrupt practices in connection
therewith; (f) unless he is a candidate for judge of a court of
common pleas, the Philadelphia Municipal Court or the Traffic
Court of Philadelphia, or for the office of school director in a
district where that office is elective or for the office of
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justice of the peace that he is not a candidate for nomination
for the same office of any party other than the one designated
in such petition; (g) if he is a candidate for a delegate, or
alternate delegate, member of State committee, National
committee or party officer, that he is a registered and enrolled
member of the designated party; (h) if he is a candidate for
delegate or alternate delegate the presidential candidate to
whom he is committed or the term "uncommitted"; (i) that he is
aware of the provisions of section 1626 of this act requiring
pre-election and post-election reporting of campaign
contributions and expenditures; [and] (j) that he is not a
candidate for an office which he already holds, the term of
which is not set to expire in the same year as the office
subject to the affidavit[.]; and (k) in the case of a candidate
for State office, that the candidate has undergone controlled
substance testing conducted by a testing laboratory no more than
thirty (30) days prior to the deadline for filing the affidavit.
Each candidate for State office who submits an affidavit under
this section shall append to the affidavit the controlled
substance testing report. In cases of petitions for delegate and
alternate delegate to National conventions, the candidate's
affidavit shall state that his signature to the delegate's
statement, as hereinafter set forth, if such statement is signed
by said candidate, was affixed to the sheet or sheets of said
petition prior to the circulation of same. In the case of a
candidate for nomination as President of the United States, it
shall not be necessary for such candidate to file the affidavit
required in this section to be filed by candidates, but the
post-office address of such candidate shall be stated in such
nomination petition.
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Section 951. Nominations by Political Bodies.--* * *
(e) There shall be appended to each nomination paper offered
for filing an affidavit of each candidate nominated therein,
stating--(1) the election district in which he resides; (2) the
name of the office for which he consents to be a candidate; (3)
that he is eligible for such office; (4) that he will not
knowingly violate any provision of this act, or of any law
regulating and limiting election expenses, and prohibiting
corrupt practices in connection therewith; (5) that his name has
not been presented as a candidate by nomination petitions for
any public office to be voted for at the ensuing primary
election, nor has he been nominated by any other nomination
papers filed for any such office; (6) that in the case where he
is a candidate for election at a general or municipal election,
he was not a registered and enrolled member of a party thirty
(30) days before the primary held prior to the general or
municipal election in that same year; (7) that, in the case
where he is a candidate for election at a special election, he
is not a registered and enrolled member of a party; [and] (8)
that he is not a candidate for an office which he already holds,
the term of which is not set to expire in the same year as the
office subject to the affidavit[.]; and (9) in the case of a
candidate for State office, that the candidate has undergone
controlled substance testing conducted by a testing laboratory
no more than thirty (30) days prior to the deadline for filing
the affidavit. Each candidate for State office who submits an
affidavit under this section shall append to the affidavit the
controlled substance testing report.
Section 976. Examination of Nomination Petitions,
Certificates and Papers; Return of Rejected Nomination
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Petitions, Certificates and Papers.--When any nomination
petition, nomination certificate or nomination paper is
presented in the office of the Secretary of the Commonwealth or
of any county board of elections for filing within the period
limited by this act, it shall be the duty of the said officer or
board to examine the same. No nomination petition, nomination
paper or nomination certificate shall be permitted to be filed
if--(a) it contains material errors or defects apparent on the
face thereof, or on the face of the appended or accompanying
affidavits; or (b) it contains material alterations made after
signing without the consent of the signers; or (c) it does not
contain a sufficient number of signatures as required by law;
Provided, however, That the Secretary of the Commonwealth or the
county board of elections, although not hereby required so to
do, may question the genuineness of any signature or signatures
appearing thereon, and if he or it shall thereupon find that any
such signature or signatures are not genuine, such signature or
signatures shall be disregarded in determining whether the
nomination petition, nomination paper or nomination certificate
contains a sufficient number of signatures as required by law;
or (d) in the case of nomination petitions, if nomination
petitions have been filed for printing the name of the same
person for the same office, except the office of judge of a
court of common pleas, the Philadelphia Municipal Court or the
Traffic Court of Philadelphia, or the office of school director
in districts where that office is elective or the office of
justice of the peace upon the official ballot of more than one
political party; or (e) in the case of nomination papers, if the
candidate named therein has filed a nomination petition for any
public office for the ensuing primary, or has been nominated for
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any such office by nomination papers previously filed; or (f) if
the nomination petitions or papers are not accompanied by the
filing fee or certified check required for said office; or (g)
in the case of nomination papers, the appellation set forth
therein is identical with or deceptively similar to the words
used by any existing party or by any political body which has
already filed nomination papers for the same office, or if the
appellation set forth therein contains part of the name, or an
abbreviation of the name or part of the name of an existing
political party, or of a political body which has already filed
nomination papers for the same office[.]; or (h) in the case of
a candidate for State office, if the nomination petitions,
papers or certificates are not accompanied by a controlled
substance testing report, as required under sections 630.1, 910,
951 and 981.1. The invalidity of any sheet of a nomination
petition or nomination paper shall not affect the validity of
such petition or paper if a sufficient petition or paper remains
after eliminating such invalid sheet. The action of said officer
or board in refusing to receive and file any such nomination
petition, certificate or paper, may be reviewed by the court
upon an application to compel its reception as of the date when
it was presented to the office of such officer or board:
Provided, however, That said officer or board shall be entitled
to a reasonable time in which to examine any petitions,
certificates or papers, and to summon and interrogate the
candidates named therein, or the persons presenting said
petitions, certificates or papers, and his or their retention of
same for the purpose of making such examination or interrogation
shall not be construed as an acceptance or filing.
* * *
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Section 981.1. Affidavits of Candidates.--Each candidate for
any State, county, city, borough, incorporated town, township,
ward, school district, poor district or election district
office, or for the office of United States Senator or
Representative in Congress, selected as provided in sections 979
and 980 of this act, shall file with the substituted nomination
certificate an affidavit stating--(a) his residence, with street
and number, if any, and his post-office address; (b) his
election district, giving city, borough, town or township; (c)
the name of the office for which he consents to be a candidate;
(d) that he is eligible for such office; (e) that he will not
knowingly violate any provision of this act, or of any law
regulating and limiting election expenses and prohibiting
corrupt practices in connection therewith; (f) unless he is a
candidate for judge of a court of common pleas, the Philadelphia
Municipal Court or the Traffic Court of Philadelphia, or for the
office of school board in a district where that office is
elective or for the office of justice of the peace, that he is
not a candidate for the same office of any party or political
body other than the one designated in such certificate; (g) that
he is aware of the provisions of section 1626 of this act
requiring election and post-election reporting of campaign
contributions and expenditures; [and] (h) that he is not a
candidate for an office which he already holds, the term of
which is not set to expire in the same year as the office
subject to the affidavit[.]; and (i) in the case of a candidate
for State office, that the candidate has undergone controlled
substance testing conducted by a testing laboratory no more than
thirty (30) days prior to the deadline for filing the affidavit.
Each candidate for State office who submits an affidavit under
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this section shall append to the affidavit the controlled
substance testing report.
Section 3. This act shall take effect in 180 days.
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