SENATE AMENDED
PRIOR PRINTER'S NOS. 3319, 4093 PRINTER'S NO. 4341
No. 2428 Session of 1990
INTRODUCED BY CHADWICK, RYBAK, NAILOR, FARGO, MRKONIC, BUNT,
CAWLEY, GODSHALL, ARGALL, J. L. WRIGHT, COHEN, NOYE, GEIST,
BARLEY, HESS, SAURMAN, ROBINSON, KONDRICH, LEVDANSKY, MELIO,
CARLSON, HERMAN, DEMPSEY, FARMER, ANGSTADT, NAHILL, LANGTRY,
B. SMITH, SERAFINI, PRESSMANN, DeLUCA, SEMMEL, VEON, ADOLPH,
LASHINGER, BELARDI, KASUNIC, GIGLIOTTI, PETRARCA, LEH, TELEK,
MAIALE, MERRY, J. H. CLARK, McHALE, MARSICO, RITTER, CESSAR
AND THOMAS, APRIL 3, 1990
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 19, 1990
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 THE NUMBER OF SIGNERS <--
12 REQUIRED FOR NOMINATION PETITIONS; ESTABLISHING A SEPARATE
13 NOMINATION PETITION FILING FEE FOR CERTAIN THIRD CLASS CITY
14 OFFICES; AND further providing for absentee ballots for
15 permanently disabled electors.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 1302(e.1) of the act of June 3, 1937 <--
19 (P.L.1333, No.320), known as the Pennsylvania Election Code,
20 amended May 5, 1986 (P.L.150, No.47), is amended to read:
21 SECTION 1. SECTION 912.1 OF THE ACT OF JUNE 3, 1937 <--
1 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, IS
2 AMENDED BY ADDING A CLAUSE TO READ:
3 SECTION 912.1. NUMBER OF SIGNERS REQUIRED FOR NOMINATION
4 PETITIONS OF CANDIDATES AT PRIMARIES.--CANDIDATES FOR NOMINATION
5 OF OFFICES AS LISTED BELOW SHALL PRESENT A NOMINATING PETITION
6 CONTAINING AT LEAST AS MANY VALID SIGNATURES OF REGISTERED AND
7 ENROLLED MEMBERS OF THE PROPER PARTY AS LISTED BELOW:
8 * * *
9 (36) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
10 CONTRARY, IN CITIES OF THE FIRST CLASS IN CONGRESSIONAL OR
11 LEGISLATIVE DISTRICTS WHERE THE TOTAL REGISTRATION FOR A
12 POLITICAL PARTY IS LESS THAN TWENTY PER CENTUM OF THE TOTAL
13 REGISTRATION FOR A DISTRICT OF A REPRESENTATIVE IN CONGRESS, A
14 STATE SENATE DISTRICT OR A DISTRICT OF A REPRESENTATIVE IN THE
15 GENERAL ASSEMBLY THEN THE NUMBER OF REQUIRED SIGNATURES SHALL BE
16 TWO HUNDRED FOR UNITED STATES HOUSE OF REPRESENTATIVES, ONE
17 HUNDRED FOR STATE SENATE AND FIFTY FOR REPRESENTATIVES IN THE
18 GENERAL ASSEMBLY.
19 SECTION 2. SECTION 913(B.1) OF THE ACT, AMENDED FEBRUARY 13,
20 1989 (P.L.1, NO.1), IS AMENDED TO READ:
21 SECTION 913. PLACE AND TIME OF FILING NOMINATION PETITIONS;
22 FILING FEES.--* * *
23 (B.1) EACH PERSON FILING ANY NOMINATION PETITION SHALL PAY
24 FOR EACH PETITION, AT THE TIME OF FILING, A FILING FEE TO BE
25 DETERMINED AS FOLLOWS, AND NO NOMINATION PETITION SHALL BE
26 ACCEPTED OR FILED, UNLESS AND UNTIL SUCH FILING FEE IS PAID BY A
27 CERTIFIED CHECK OR MONEY ORDER OR ALSO BY CASH WHEN FILED WITH
28 THE COUNTY BOARD. ALL MONEYS PAID ON ACCOUNT OF FILING FEES
29 SHALL BE TRANSMITTED BY THE COUNTY BOARD TO THE COUNTY TREASURER
30 AND SHALL BECOME PART OF THE GENERAL FUND. CERTIFIED CHECKS OR
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1 MONEY ORDERS IN PAYMENT OF FILING FEES SHALL BE MADE PAYABLE TO
2 THE COMMONWEALTH OF PENNSYLVANIA OR TO THE COUNTY, AS THE CASE
3 MAY BE, AND SHALL BE TRANSMITTED TO THE STATE TREASURER OR TO
4 THE COUNTY TREASURER AND SHALL BECOME PART OF THE GENERAL FUND.
5 1. IF FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES, OR
6 FOR ANY PUBLIC OFFICE TO BE FILLED BY THE ELECTORS OF THE STATE
7 AT LARGE, THE SUM OF TWO HUNDRED DOLLARS ($200.00).
8 2. IF FOR THE OFFICE OF REPRESENTATIVE IN CONGRESS, THE SUM
9 OF ONE HUNDRED FIFTY DOLLARS ($150.00).
10 3. IF FOR THE OFFICE OF JUDGE OF A COURT OF RECORD,
11 EXCEPTING JUDGES TO BE VOTED FOR BY THE ELECTORS OF THE STATE AT
12 LARGE, THE SUM OF ONE HUNDRED DOLLARS ($100.00).
13 4. IF FOR THE OFFICES OF SENATOR OR REPRESENTATIVE IN THE
14 GENERAL ASSEMBLY, FOR ANY OFFICE TO BE FILLED BY THE ELECTORS OF
15 AN ENTIRE COUNTY, FOR THE OFFICE OF DISTRICT COUNCILMAN IN A
16 CITY OF THE FIRST CLASS AND FOR ANY OFFICE TO BE FILLED BY THE
17 ELECTORS OF AN ENTIRE CITY OTHER THAN A CITY OF THE THIRD CLASS
18 OR A SCHOOL DISTRICT OFFICE, THE SUM OF ONE HUNDRED DOLLARS
19 ($100.00).
20 4.1. IF FOR NONSCHOOL BOARD OFFICES FOR ANY THIRD CLASS CITY
21 OFFICIAL, THE SUM OF TWENTY-FIVE DOLLARS ($25.00).
22 5. IF FOR ANY BOROUGH, TOWN, OR TOWNSHIP OF THE FIRST CLASS,
23 NOT OTHERWISE PROVIDED FOR, THE SUM OF FIVE DOLLARS ($5.00).
24 6. IF FOR THE OFFICE OF DELEGATE OR ALTERNATE DELEGATE TO
25 NATIONAL PARTY CONVENTION, OR MEMBER OF NATIONAL COMMITTEE OR
26 MEMBER OF STATE COMMITTEE, THE SUM OF TWENTY-FIVE DOLLARS
27 ($25.00).
28 7. IF FOR THE OFFICE OF CONSTABLE, THE SUM OF TEN DOLLARS
29 ($10.00).
30 8. IF FOR THE OFFICE OF DISTRICT COUNCILMAN IN A CITY OF THE
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1 SECOND CLASS OR THE OFFICE OF DISTRICT JUSTICE, THE SUM OF FIFTY
2 DOLLARS ($50.00).
3 * * *
4 SECTION 3. SECTION 1302(E.1) OF THE ACT, AMENDED MAY 5, 1986
5 (P.L.150, NO.47), IS AMENDED TO READ:
6 Section 1302. Applications for Official Absentee Ballots.--*
7 * *
8 (e.1) Any qualified registered elector, including any
9 qualified bedridden or hospitalized veteran, who is unable
10 because of illness or physical disability to attend his polling
11 place on the day of any primary or election or operate a voting
12 machine and state distinctly and audibly that he is unable to do
13 so as required by section 1218 of this act [may,] shall, UPON <--
14 APPLICATION AND with the certification by his attending
15 physician that he is permanently disabled, and physically unable
16 to attend the polls or operate a voting machine and make the
17 distinct and audible statement required by section 1218 appended
18 to the application hereinbefore required, be placed on a
19 permanently disabled absentee ballot list file. An absentee
20 ballot [application] shall be mailed to every such person for <--
21 each primary or election so long as he does not lose his voting
22 rights by failure to vote as otherwise required by this act.
23 Such person shall not be required to file a physician's
24 certificate of disability with each application as required in
25 subsection (e) of this section but such person must submit a
26 written statement asserting continuing disability every four
27 years in order to maintain his eligibility to vote under the
28 provisions of this subsection. Should any such person lose his
29 disability he shall inform the county board of elections of the
30 county of his residence. NO PERSON SHALL BE PLACED ON A <--
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1 PERMANENTLY DISABLED ABSENTEE BALLOT LIST FILE WITHOUT EXPRESS
2 VOLUNTARY AUTHORIZATION BY THE PERSON PERMITTING THE COUNTY
3 BOARD OF ELECTIONS TO DO SO. FURTHER, PERSONS PLACED ON A
4 PERMANENTLY DISABLED ABSENTEE BALLOT LIST FILE MAY REQUIRE THE
5 COUNTY BOARD OF ELECTIONS TO REMOVE THEIR NAMES FROM SUCH LIST
6 AT ANY TIME WITHOUT CONDITION BY SUBMITTING A WRITTEN STATEMENT
7 TO THE COUNTY BOARD OF ELECTIONS REQUESTING SUCH ACTION. NO
8 PERSON SHALL BE URGED OR COERCED TO BEING PLACED ON A <--
9 PERMANENTLY DISABLED ABSENTEE BALLOT LIST FILE SOLELY BASED ON
10 THE ACCESSIBILITY, INACCESSIBILITY OR PHYSICAL CONDITION OF
11 POLLING PLACES IN THE COUNTY IN WHICH THE PERSON IS REGISTERED
12 TO VOTE.
13 * * *
14 Section 2 4. This act shall take effect immediately. <--
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