PRINTER'S NO. 1669
No. 1383 Session of 1983
INTRODUCED BY GALLEN, FRYER, CALTAGIRONE, DAVIES, ANGSTADT AND
SEMMEL, JULY 21, 1983
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 21, 1983
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," further providing for hours of the Prothonotary
12 of the Commonwealth Court and the office of the Secretary of
13 the Commonwealth on certain days.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 977 of the act of June 3, 1937 (P.L.1333,
17 No.320), known as the Pennsylvania Election Code, amended
18 December 10, 1974 (P.L.835, No.280) and repealed in part April
19 28, 1978 (P.L.202, No.53), is amended to read:
20 Section 977. Objections to Nomination Petitions and
21 Papers.--All nomination petitions and papers received and filed
22 within the periods limited by this act shall be deemed to be
23 valid, unless, within seven days after the last day for filing
1 said nomination petition or paper, a petition is presented to
2 the court specifically setting forth the objections thereto, and
3 praying that the said petition or paper be set aside. A copy of
4 said petition shall, within said period, be served on the
5 officer or board with whom said nomination petition or paper was
6 filed. Upon the presentation of such a petition, the court shall
7 make an order fixing a time for hearing which shall not be later
8 than ten days after the last day for filing said nomination
9 petition or paper, and specifying the time and manner of notice
10 that shall be given to the candidate or candidates named in the
11 nomination petition or paper sought to be set aside. On the day
12 fixed for said hearing, the court shall proceed without delay to
13 hear said objections, and shall give such hearing precedence
14 over other business before it, and shall finally determine said
15 matter not later than fifteen (15) days after the last day for
16 filing said nomination petitions or papers. If the court shall
17 find that said nomination petition or paper is defective under
18 the provisions of section 976, or does not contain a sufficient
19 number of genuine signatures of electors entitled to sign the
20 same under the provisions of this act, or was not filed by
21 persons entitled to file the same, it shall be set aside. If the
22 objections relate to material errors or defects apparent on the
23 face of the nomination petition or paper, or on the face of the
24 accompanying or appended affidavits, the court, after hearing,
25 may, in its discretion, permit amendments within such time and
26 upon such terms as to payment of costs, as the said court may
27 specify. In case any such petition is dismissed, the court shall
28 make such order as to the payment of the costs of the
29 proceedings, including witness fees, as it shall deem just. If a
30 person shall sign any nomination petitions or papers for a
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1 greater number of candidates than he is permitted under the
2 provisions of this act, if said signatures bear the same date,
3 they shall, upon objections filed thereto, not be counted on any
4 petition or paper and if they bear different dates, they shall
5 be counted in the order of their priority of date, for only so
6 many persons as there are candidates to be nominated or elected.
7 The office of the Prothonotary of the Commonwealth Court and the
8 office of the Secretary of the Commonwealth and the various
9 offices of prothonotary of the court of common pleas shall be
10 open [between the hours of eight-thirty o'clock A.M. and five
11 o'clock P.M.] until the ordinary closing hour on the last day to
12 withdraw after filing nomination petitions and on the last day
13 to file objections to nomination petitions.
14 Section 2. This act shall take effect in 60 days.
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