PRINTER'S NO. 2234
No. 1831 Session of 1977
INTRODUCED BY GREENLEAF, MOWERY, E. H. SMITH, NOYE, LETTERMAN,
COLE, BURD, M. P. MULLEN, DUFFY, MRKONIC, WILSON, SPENCER,
HOPKINS, FISHER, SALVATORE, VROON, CALTAGIRONE AND MACKOWSKI,
NOVEMBER 1, 1977
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 1, 1977
AN ACT
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," eliminating cross-filing by candidates for the
12 offices of judge, justice of the peace and school directors.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 910, the first paragraph of section 976, subsection
16 (a) of section 993 and subsections (a) and (b) of section 998,
17 act of June 3, 1937 (P.L.1333, No.320), known as the
18 "Pennsylvania Election Code," amended June 27, 1974 (P.L.413,
19 No.146), are amended to read:
20 Section 910. Affidavits of Candidates.--Each candidate for
21 any State, county, city, borough, incorporated town, township,
22 ward, school district, poor district, election district, party
1 office, party delegate or alternate, or for the office of United
2 States Senator or Representative in Congress, shall file with
3 his nomination petition his affidavit stating--(a) his
4 residence, with street and number, if any, and his post-office
5 address; (b) his election district, giving city, borough, town
6 or township; (c) the name of the office for which he consents to
7 be a candidate; (d) that he is eligible for such office; (e)
8 that he will not knowingly violate any provision of this act, or
9 of any law regulating and limiting nomination and election
10 expenses and prohibiting corrupt practices in connection
11 therewith; (f) [unless he is a candidate for judge of a court of
12 record, or for the office of school director in a district where
13 that office is elective or for the office of justice of the
14 peace] that he is not a candidate for nomination for the same
15 office of any party other than the one designated in such
16 petition; (g) if he is a candidate for a delegate, or alternate
17 delegate, member of State committee, National committee or party
18 officer, that he is a registered and enrolled member of the
19 designated party; and (h) if he is a candidate for delegate or
20 alternate delegate the presidential candidate to whom he is
21 committed or the term "uncommitted." In cases of petitions for
22 delegate and alternate delegate to National conventions, the
23 candidate's affidavit shall state that his signature to the
24 delegate's statement, as hereinafter set forth, if such
25 statement is signed by said candidate, was affixed to the sheet
26 or sheets of said petition prior to the circulation of same. In
27 the case of a candidate for nomination as President of the
28 United States, it shall not be necessary for such candidate to
29 file the affidavit required in this section to be filed by
30 candidates, but the post-office address of such candidate shall
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1 be stated in such nomination petition.
2 Section 976. Examination of Nomination Petitions,
3 Certificates and Papers; Return of Rejected Nomination
4 Petitions, Certificates and Papers.--When any nomination
5 petition, nomination certificate or nomination paper is
6 presented in the office of the Secretary of the Commonwealth or
7 of any county board of elections for filing within the period
8 limited by this act, it shall be the duty of the said officer or
9 board to examine the same. No nomination petition, nomination
10 paper or nomination certificate shall be permitted to be filed
11 if--(a) it contains material errors or defects apparent on the
12 face thereof, or on the face of the appended or accompanying
13 affidavits; or (b) it contains material alterations made after
14 signing without the consent of the signers; or (c) it does not
15 contain a sufficient number of signatures as required by law;
16 Provided, however, That the Secretary of the Commonwealth or the
17 county board of elections, although not hereby required so to
18 do, may question the genuineness of any signature or signatures
19 appearing thereon, and if he or it shall thereupon find that any
20 such signature or signatures are not genuine, such signature or
21 signatures shall be disregarded in determining whether the
22 nomination petition, nomination paper or nomination certificate
23 contains a sufficient number of signatures as required by law;
24 or (d) in the case of nomination petitions, if nomination
25 petitions have been filed for printing the name of the same
26 person for the same office[, except the office of judge of a
27 court of record, or the office of school director in districts
28 where that office is elective or the office of justice of the
29 peace] upon the official ballot of more than one political
30 party; or (e) in the case of nomination papers, if the candidate
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1 named therein has filed a nomination petition for any public
2 office for the ensuing primary, or has been nominated for any
3 such office by nomination papers previously filed; or (f) if the
4 nomination petitions or papers are not accompanied by the filing
5 fee or certified check required for said office; or (g) in the
6 case of nomination papers, the appellation set forth therein is
7 identical with or deceptively similar to the words used by any
8 existing party or by any political body which has already filed
9 nomination papers for the same office, or if the appellation set
10 forth therein contains part of the name, or an abbreviation of
11 the name or part of the name of an existing political party, or
12 of a political body which has already filed nomination papers
13 for the same office. The invalidity of any sheet of a nomination
14 petition or nomination paper shall not affect the validity of
15 such petition or paper if a sufficient petition or paper remains
16 after eliminating such invalid sheet. The action of said officer
17 or board in refusing to receive and file any such nomination
18 petition, certificate or paper, may be reviewed by the court of
19 common pleas of the proper county upon an application for a writ
20 of mandamus to compel its reception as of the date when it was
21 presented to the office of such officer or board: Provided,
22 however, That said officer or board shall be entitled to a
23 reasonable time in which to examine any petitions, certificates
24 or papers, and to summon and interrogate the candidates named
25 therein, or the persons presenting said petitions, certificates
26 or papers, and his or their retention of same for the purpose of
27 making such examination or interrogation shall not be construed
28 as an acceptance or filing.
29 * * *
30 Section 993. Filling of Certain Vacancies in Public Office
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1 by Means of Nomination Certificates and Nomination Papers.--(a)
2 In all cases where a vacancy shall occur for any cause in an
3 elective public office, including that of judge of a court of
4 record, at a time when such vacancy is required by the
5 provisions of the Constitution or the laws of this Commonwealth
6 to be filled at the ensuing election but at a time when
7 nominations for such office cannot be made under any other
8 provision of this act, nominations to fill such vacancies shall
9 be made by political parties in accordance with party rules
10 relating to the filling of vacancies by means of nomination
11 certificates in the form prescribed in section nine hundred
12 ninety-four of this act, and by political bodies by means of
13 nomination papers in accordance with the provisions of sections
14 nine hundred fifty-one, nine hundred fifty-two and nine hundred
15 fifty-four of this act. No such nomination certificate shall
16 nominate any person who has already been nominated by any other
17 political party or by any political body for the same office
18 [unless such person is a candidate for the office of judge of a
19 court of record or the office of school director in districts
20 where that office is elective or for the office of justice of
21 the peace]. No such nomination papers shall nominate any person
22 who has already been nominated by any political party or by any
23 other political body for any office to be filled at the ensuing
24 November election[, unless such person is a candidate for the
25 office of judge of a court of record or the office of school
26 director in districts where that office is elective or for the
27 office of justice of the peace].
28 * * *
29 Section 998. Substituted Nominations to Fill Certain
30 Vacancies for a November Election.--(a) Any vacancy happening
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1 or existing in any party nomination made in accordance with the
2 provisions of section nine hundred ninety-three of this act for
3 a November election by reason of the death or withdrawal of any
4 candidate may be filled by a substituted nomination made by such
5 committee as is authorized by the rules of the party to make
6 nominations in the event of vacancies on the party ticket, in
7 the form prescribed by section nine hundred ninety-four of this
8 act. But no substituted nomination certificate shall nominate
9 any person who has already been nominated by any other political
10 party or by any political body for the same office[, unless such
11 person is a candidate for the office of judge of a court of
12 record or for the office of school director in districts where
13 that office is elective or for the office of justice of the
14 peace].
15 (b) In case of the death or withdrawal of any candidate
16 nominated by a political body for an election, the committee
17 named in the original nomination papers may nominate a
18 substitute in his place by filing a substituted nomination
19 certificate in the form and manner prescribed by section nine
20 hundred eighty of this act. In the case of a vacancy caused by
21 the death of any candidate, said nomination certificate shall be
22 accompanied by a death certificate properly certified. No
23 substituted nomination certificate shall nominate any person who
24 has already been nominated by any political party or by any
25 other political body for any office to be filled at the ensuing
26 November election[, unless such person is a candidate for the
27 office of judge of a court of record or for the office of school
28 director in districts where that office is elective or for the
29 office of justice of the peace].
30 * * *
19770H1831B2234 - 6 -
1 Section 2. Section 1004 of the act, amended December 10,
2 1974 (P.L.835, No.280), is amended to read:
3 Section 1004. Form of Ballots; Printing Ballots; Stubs;
4 Numbers.--From the lists furnished by the Secretary of the
5 Commonwealth under the provisions of sections 915 and 984, and
6 from petitions and papers filed in their office, the county
7 election board shall print the official primary and election
8 ballots in accordance with the provisions of this act: Provided,
9 however, That in no event, shall the name of any person
10 consenting to be a candidate for nomination for any one office[,
11 except the office of judge of a court of record, or the office
12 of school director in districts where that office is elective or
13 the office of justice of the peace] be printed as a candidate
14 for such office upon the official primary ballot of more than
15 one party. All ballots for use in the same election district at
16 any primary or election shall be alike. They shall be at least
17 six inches long and four inches wide, and shall have a margin
18 extending beyond any printing thereon. They shall be printed
19 with the same kind of type (which shall not be smaller than the
20 size known as "brevier" or "eight point body") upon white paper
21 of uniform quality, without any impression or mark to
22 distinguish one from another, and with sufficient thickness to
23 prevent the printed matter from showing through. Each ballot
24 shall be attached to a stub, and all the ballots for the same
25 election district shall be bound together in books of fifty, in
26 such manner that each ballot may be detached from its stub and
27 removed separately. The ballots for each party to be used at a
28 primary shall be bound separately. The stubs of the ballots
29 shall be consecutively numbered, and in the case of primary
30 ballots, the number shall be preceded by an initial or
19770H1831B2234 - 7 -
1 abbreviation designating the party name. The number and initial
2 or abbreviation which appears upon the stub shall also be
3 printed in the upper right hand corner of the back of the
4 ballot, separated from the remainder of the ballot by a diagonal
5 perforated line so prepared that the upper right hand corner of
6 the back of the ballot containing the number may be detached
7 from the ballot before it is deposited in the ballot box and
8 beside that corner shall also be printed, "Remove numbered stub
9 immediately before depositing your ballot in ballot box."
10 Section 3. This act shall take effect immediately.
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