Regular Session 2017-2018 House Bill 0638 P.N. 0675

PRINTER'S NO. 675

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

638

Session of

2017

INTRODUCED BY SIMMONS, KAUFFMAN, CALTAGIRONE, GROVE, GILLEN,

ROTHMAN, COX AND GABLER, FEBRUARY 27, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 27, 2017

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 district election officers, further providing

for election officers to be sworn; in dates of elections and

primaries and special elections, further providing for

affidavits of candidates; in nomination of candidates,

further providing for petition may consist of several sheets

and affidavit of circulator, for affidavits of candidates,

for examination of nomination petitions, certificates and

papers and return of rejected nomination petitions,

certificates and papers, for vacancy in party nomination by

failure to pay filing fee or for failure to file loyalty

oath, for affidavits of candidates, for filling of certain

vacancies in public office by means of nomination

certificates and nomination papers and for substituted

nominations to fill certain vacancies for a November

election; in ballots, further providing for form and printing

of ballots; in returns of primaries and elections, further

providing for manner of computing irregular ballots; and

replacing references to "justice of the peace" with

"magisterial district judge."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 406, 630.1, 909, 910, 976, 978.1, 981.1,

993(a) and (b), 998(a) and (b), 1004 and 1405 of the act of June

3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election

Code, are amended to read:

Section 406. Election Officers to Be Sworn.--All judges,

inspectors, clerks of election and machine inspectors shall,

before entering upon their duties at any primary or election, be

duly sworn in the presence of each other and of the watchers and

overseers, if any. The judge shall first be sworn by the

minority inspector or by a magistrate, alderman or [justice of

the peace] magisterial district judge, and the inspectors,

clerks and machine inspectors shall then be sworn by the judge.

Each of them shall forthwith sign in duplicate the oath taken by

him upon forms to be furnished by the county board, and the same

shall be attested by the officer who administered the oath.

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;

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

20170HB0638PN0675 - 2 -

the office of school board in a district where that office is

elective] or for the office of [justice of the peace]

magisterial district judge, 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.

Section 909. Petition May Consist of Several Sheets;

Affidavit of Circulator.--Said nomination petition may be on one

or more sheets, and different sheets must be used for signers

resident in different counties. If more than one sheet is used,

they shall be bound together when offered for filing if they are

intended to constitute one petition, and each sheet shall be

numbered consecutively beginning with number one, at the foot of

each page. In cases of petitions for delegate or alternate

delegate to National conventions, each sheet shall contain a

notation indicating the presidential candidate to whom he is

committed or the term "uncommitted." Each sheet shall have

appended thereto the affidavit of the circulator of each sheet,

setting forth--(a) that he or she is a qualified elector duly

registered and enrolled as a member of the designated party of

the State, or of the political district, as the case may be,

referred to in said petition, unless said petition relates to

the nomination of a candidate for a court of common pleas, for

the Philadelphia Municipal Court or for the Traffic Court of

Philadelphia or for [justice of the peace] magisterial district

judge, in which event the circulator need not be a duly

20170HB0638PN0675 - 3 -

registered and enrolled member of the designated party; (b) his

residence, giving city, borough or township, with street and

number, if any; (c) that the signers thereto signed with full

knowledge of the contents of the petition; (d) that their

respective residences are correctly stated therein; (e) that

they all reside in the county named in the affidavit; (f) that

each signed on the date set opposite his name; and (g) that, to

the best of affiant's knowledge and belief, the signers are

qualified electors and duly registered and enrolled members of

the designated party of the State, or of the political district,

as the case may be.

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

[justice of the peace] magisterial district judge that he is not

a candidate for nomination for the same office of any party

20170HB0638PN0675 - 4 -

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. 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.

Section 976. Examination of Nomination Petitions,

Certificates and Papers; Return of Rejected Nomination

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

20170HB0638PN0675 - 5 -

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] magisterial district judge 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 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

20170HB0638PN0675 - 6 -

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. 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.

Upon completion of any examination, if any nomination

petition, certificate or paper is found to be defective, it

shall forthwith be rejected and returned to the candidate or one

of the candidates named therein, together with a statement of

the reasons for such rejection:

Provided further, That no nomination petition, nomination

paper or nomination certificate shall be permitted to be filed,

if the political party or political body referred to therein

shall be composed of a group of electors whose purposes or aims,

or one of whose purposes or aims, is the establishment, control,

20170HB0638PN0675 - 7 -

conduct, seizure or overthrow of the Government of the

Commonwealth of Pennsylvania or the United States of America by

the use of force, violence, military measure or threats of one

or more of the foregoing. The authority to reject such

nomination petition, paper or certificate for this reason shall,

when filed with the Secretary of the Commonwealth, be vested in

a committee composed of the Governor, the Attorney General and

the Secretary of the Commonwealth, and when filed with any

county board of elections shall be vested in such board. If in

such case the committee or board, as the case may be, shall

conclude that the acceptance of such nomination petition, paper

or certificate should be refused, it shall within two days of

the filing of such nomination petition, paper or certificate fix

a place and a time five days in advance for hearing the matter,

and notice thereof shall be given to all parties affected

thereby. At the time and place so fixed the committee or board,

as the case may be, shall hear testimony, but shall not be bound

by technical rules of evidence. The testimony presented shall be

stenographically recorded and made a part of the record of the

committee or board. Within two days after such hearing the

committee or board, if satisfied upon competent evidence that

the said nomination petition, paper or certificate is not

entitled to be accepted and filed, it shall announce its

decision and immediately notify the parties affected thereby.

Failure to announce decision within two days after such hearing

shall be conclusive that such nomination petition, paper or

certificate has been accepted and filed. The decision of said

committee or board in refusing to accept and file such

nomination petition, paper or certificate may be reviewed by the

court upon an application to compel its reception as of the date

20170HB0638PN0675 - 8 -

when presented to the Secretary of the Commonwealth or such

board. The application shall be made within two days of the time

when such decision is announced. If the application is properly

made, any judge of said court may fix a time and place for

hearing the matter in dispute, of which notice shall be served

with a copy of said application upon the Secretary of the

Commonwealth or the county board of elections, as the case may

be. At the time so fixed, the court, or any judge thereof

assigned for the purpose, shall hear the case de novo. If after

such hearing the said court shall find that the decision of the

committee or the board was erroneous, it shall issue its mandate

to the committee or board to correct its decision and to accept

and file the nomination paper, petition or certificate. From any

decision of the court an appeal may be taken within two days

after the entry thereof. It shall be the duty of the said court

to fix the hearing and to announce its decision within such

period of time as will permit the Secretary of the Commonwealth

or the county board of elections to permit the names of the

candidates affected by the court's decision to be printed on the

ballot, if the court should so determine.

Section 978.1. Vacancy in Party Nomination by Failure to Pay

Filing Fee or for Failure to File Loyalty Oath.--Every person

nominated at any primary election as the candidate of any

political party for any office, other than a borough, town,

township, school district or poor district office, or the office

of [justice of the peace] magisterial district judge, or

constable, who has not paid the filing fee required by section

nine hundred thirteen of this act, as amended, for the filing of

a nomination petition for such office, or who has not filed the

loyalty oath required by section 14, act of December 22, 1951

20170HB0638PN0675 - 9 -

(P.L.1726), known as the "Pennsylvania Loyalty Act," as last

amended June 19, 1961 (P.L.446), shall pay the amount of such

fee to and file such oath with the Secretary of the

Commonwealth, or the county board of elections, as the case may

be, at least eighty-five (85) days previous to the day of the

general or municipal election at which such candidate's name

would appear on the ballot. Failure to pay such fee or file such

oath within the time herein prescribed shall result in a vacancy

in such party nomination. Such vacancy shall be filled in the

manner hereinafter provided for the filling of such vacancies

happening by reason of the death or withdrawal of any candidate.

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]

magisterial district judge, that he is not a candidate for the

20170HB0638PN0675 - 10 -

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.

Section 993. Filling of Certain Vacancies in Public Office

by Means of Nomination Certificates and Nomination Papers.--(a)

In all cases where a vacancy shall occur for any cause in an

elective public office, including that of judge of a court of

record, at a time when such vacancy is required by the

provisions of the Constitution or the laws of this Commonwealth

to be filled at the ensuing election but at a time when

nominations for such office cannot be made under any other

provision of this act, nominations to fill such vacancies shall

be made by political parties in accordance with party rules

relating to the filling of vacancies by means of nomination

certificates in the form prescribed in section nine hundred

ninety-four of this act, and by political bodies by means of

nomination papers in accordance with the provisions of sections

nine hundred fifty-one, nine hundred fifty-two and nine hundred

fifty-four of this act. No such nomination certificate shall

nominate any person who has already been nominated by any other

political party or by any political body for the same office

unless such person is a candidate for the office of 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 districts where that office is elective] or for the

office of [justice of the peace] magisterial district judge. No

20170HB0638PN0675 - 11 -

such nomination papers shall nominate any person who has already

been nominated by any political party or by any other political

body for any office to be filled at the ensuing November

election, unless such person is a candidate for the office of

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 districts where that office is elective]

or for the office of [justice of the peace] magisterial district

judge.

(b) Said nomination certificates and nomination papers for

State public offices and judges of courts of records shall be

filed in the office of the Secretary of the Commonwealth at

least fifty (50) days prior to a general or municipal election,

as the case may be. Nomination certificates and nomination

papers for public offices in counties, cities, boroughs, towns,

townships, wards and school districts and for the offices of

aldermen and [justices of the peace] magisterial district judges

shall be filed in the office of the county board of elections at

least fifty (50) days prior to a municipal election.

* * *

Section 998. Substituted Nominations to Fill Certain

Vacancies for a November Election.--(a) Any vacancy happening

or existing in any party nomination made in accordance with the

provisions of section nine hundred ninety-three of this act for

a November election by reason of the death or withdrawal of any

candidate may be filled by a substituted nomination made by such

committee as is authorized by the rules of the party to make

nominations in the event of vacancies on the party ticket, in

the form prescribed by section nine hundred ninety-four of this

act. But no substituted nomination certificate shall nominate

20170HB0638PN0675 - 12 -

any person who has already been nominated by any other political

party or by any political body for the same office, unless such

person is a candidate for the office of 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

districts where that office is elective] or for the office of

[justice of the peace] magisterial district judge.

(b) In case of the death or withdrawal of any candidate

nominated by a political body for an election, the committee

named in the original nomination papers may nominate a

substitute in his place by filing a substituted nomination

certificate in the form and manner prescribed by section nine

hundred eighty of this act. In the case of a vacancy caused by

the death of any candidate, said nomination certificate shall be

accompanied by a death certificate properly certified. No

substituted nomination certificate shall nominate any person who

has already been nominated by any political party or by any

other political body for any office to be filled at the ensuing

November election, unless such person is a candidate for the

office of 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 districts where that office is

elective] or for the office of [justice of the peace]

magisterial district judge.

* * *

Section 1004. Form of Ballots; Printing Ballots; Stubs;

Numbers.--From the lists furnished by the Secretary of the

Commonwealth under the provisions of sections 915 and 984, and

from petitions and papers filed in their office, the county

election board shall print the official primary and election

20170HB0638PN0675 - 13 -

ballots in accordance with the provisions of this act: Provided,

however, That in no event, shall the name of any person

consenting to be a candidate for nomination for any one 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] magisterial district judge be printed as a candidate for

such office upon the official primary ballot of more than one

party. All ballots for use in the same election district at any

primary or election shall be alike. They shall be at least six

inches long and four inches wide, and shall have a margin

extending beyond any printing thereon. They shall be printed

with the same kind of type (which shall not be smaller than the

size known as "brevier" or "eight point body") upon white paper

of uniform quality, without any impression or mark to

distinguish one from another, and with sufficient thickness to

prevent the printed matter from showing through. Each ballot

shall be attached to a stub, and all the ballots for the same

election district shall be bound together in books of fifty, in

such manner that each ballot may be detached from its stub and

removed separately. The ballots for each party to be used at a

primary shall be bound separately. The stubs of the ballots

shall be consecutively numbered, and in the case of primary

ballots, the number shall be preceded by an initial or

abbreviation designating the party name. The number and initial

or abbreviation which appears upon the stub shall also be

printed in the upper right hand corner of the back of the

ballot, separated from the remainder of the ballot by a diagonal

perforated line so prepared that the upper right hand corner of

20170HB0638PN0675 - 14 -

the back of the ballot containing the number may be detached

from the ballot before it is deposited in the ballot box and

beside that corner shall also be printed, "Remove numbered stub

immediately before depositing your ballot in ballot box."

Section 1405. Manner of Computing Irregular Ballots.--The

county board, in computing the votes cast at any primary or

election, shall compute and certify votes cast on irregular

ballots exactly as such names were written, stamped, affixed to

the ballot by sticker, or deposited or affixed in or on

receptacles for that purpose, and as they have been so returned

by the election officers. In the primary the Secretary of the

Commonwealth shall not certify the votes cast on irregular

ballots for any person for a National office including that of

the President of the United States, United States Senator and

Representative in Congress; or for any State office including

that of Governor and Lieutenant Governor, Auditor General, State

Treasurer, Senator and Representative in the General Assembly,

justices and judges of courts of record or for any party office

including that of delegate or alternate delegate to National

conventions and member of State committee unless the total

number of votes cast for said person is equal to or greater than

the number of signatures required on a nomination petition for

the particular office. In the primary the county board shall not

certify the votes cast on irregular ballots for any person for a

[justice of the peace] magisterial district judge, constable,

National, State, county, city, borough, town, township, ward,

school district, election or local party office unless the total

number of votes cast for said person is equal to or greater than

the number of signatures required on a nomination petition for

the particular office.

20170HB0638PN0675 - 15 -

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

20170HB0638PN0675 - 16 -