PRINTER'S NO. 1344
No. 1190 Session of 1995
INTRODUCED BY FICHTER, BROWN, HENNESSEY, GODSHALL, DEMPSEY,
BELFANTI, LYNCH, BUNT, MICOZZIE, LEH, MELIO, E. Z. TAYLOR,
ZIMMERMAN, SAYLOR, HERSHEY, LAWLESS, TRUE, B. SMITH, MILLER,
LAUGHLIN, GLADECK AND MERRY, MARCH 16, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 16, 1995
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.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 630.1, 909, 910, 976 first paragraph,
15 981.1, 993(a), 998(a) and (b) and 1004 of the act of June 3,
16 1937 (P.L.1333, No.320), known as the Pennsylvania Election
17 Code, amended February 19, 1986 (P.L.29, No.11), are amended to
18 read:
19 Section 630.1. Affidavits of Candidates.--Each candidate for
20 any State, county, city, borough, incorporated town, township,
21 school district or poor district office, or for the office of
1 United States Senator or Representative in Congress, selected as
2 provided in section 630 of this act, shall file with the
3 nomination certificate an affidavit stating--(a) his residence,
4 with street and number, if any, and his post-office address; (b)
5 his election district, giving city, borough, town or township;
6 (c) the name of the office for which he consents to be a
7 candidate; (d) that he is eligible for such office; (e) that he
8 will not knowingly violate any provision of this act, or of any
9 law regulating and limiting election expenses and prohibiting
10 corrupt practices in connection therewith; (f) [unless he is a
11 candidate for judge of a court of common pleas, the Philadelphia
12 Municipal Court or the Traffic Court of Philadelphia, or for the
13 office of school board in a district where that office is
14 elective or for the office of justice of the peace,] that he is
15 not a candidate for the same office of any party or political
16 body other than the one designated in such certificate; and (g)
17 that he is aware of the provisions of section 1626 of this act
18 requiring election and post-election reporting of campaign
19 contributions and expenditures. In cases of certificates for
20 candidates for the General Assembly, the candidate's affidavit
21 shall state (1) that the candidate will satisfy the eligibility
22 requirements contained in sections 5 and 7 of Article II of the
23 Constitution of Pennsylvania; (2) (i) that, in the case of a
24 candidate for the office of Senator in the General Assembly, the
25 candidate will be twenty-five (25) years of age on or before the
26 first day of the term for which the candidate seeks election or
27 (ii) that, in the case of a candidate for the office of
28 Representative in the General Assembly, the candidate will be
29 twenty-one (21) years of age on or before the first day of the
30 term for which the candidate seeks election; (3) that the
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1 candidate shall have been a citizen and an inhabitant of
2 Pennsylvania four (4) years and an inhabitant of the respective
3 district one (1) year next before the election (unless absent on
4 the public business of the United States or of this State); and
5 (4) that the candidate has not been convicted of embezzlement of
6 public moneys, bribery, perjury or other infamous crime.
7 Section 909. Petition May Consist of Several Sheets;
8 Affidavit of Circulator.--Said nomination petition may be on one
9 or more sheets, and different sheets must be used for signers
10 resident in different counties. If more than one sheet is used,
11 they shall be bound together when offered for filing if they are
12 intended to constitute one petition, and each sheet shall be
13 numbered consecutively beginning with number one, at the foot of
14 each page. In cases of petitions for delegate or alternate
15 delegate to National conventions, each sheet shall contain a
16 notation indicating the presidential candidate to whom he is
17 committed or the term "uncommitted." Each sheet shall have
18 appended thereto the affidavit of the circulator of each sheet,
19 setting forth--(a) that he or she is a qualified elector duly
20 registered and enrolled as a member of the designated party of
21 the State, or of the political district, as the case may be,
22 referred to in said petition[, unless said petition relates to
23 the nomination of a candidate for a court of common pleas, for
24 the Philadelphia Municipal Court or for the Traffic Court of
25 Philadelphia or for justice of the peace, in which event the
26 circulator need not be a duly registered and enrolled member of
27 the designated party]; (b) his residence, giving city, borough
28 or township, with street and number, if any; (c) that the
29 signers thereto signed with full knowledge of the contents of
30 the petition; (d) that their respective residences are correctly
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1 stated therein; (e) that they all reside in the county named in
2 the affidavit; (f) that each signed on the date set opposite his
3 name; and (g) that, to the best of affiant's knowledge and
4 belief, the signers are qualified electors and duly registered
5 and enrolled members of the designated party of the State, or of
6 the political district, as the case may be.
7 Section 910. Affidavits of Candidates.--Each candidate for
8 any State, county, city, borough, incorporated town, township,
9 ward, school district, poor district, election district, party
10 office, party delegate or alternate, or for the office of United
11 States Senator or Representative in Congress, shall file with
12 his nomination petition his affidavit stating--(a) his
13 residence, with street and number, if any, and his post-office
14 address; (b) his election district, giving city, borough, town
15 or township; (c) the name of the office for which he consents to
16 be a candidate; (d) that he is eligible for such office; (e)
17 that he will not knowingly violate any provision of this act, or
18 of any law regulating and limiting nomination and election
19 expenses and prohibiting corrupt practices in connection
20 therewith; (f) [unless he is a candidate for judge of a court of
21 common pleas, the Philadelphia Municipal Court or the Traffic
22 Court of Philadelphia, or for the office of school director in a
23 district where that office is elective or for the office of
24 justice of the peace] that he is not a candidate for nomination
25 for the same office of any party other than the one designated
26 in such petition; (g) if he is a candidate for a delegate, or
27 alternate delegate, member of State committee, National
28 committee or party officer, that he is a registered and enrolled
29 member of the designated party; (h) if he is a candidate for
30 delegate or alternate delegate the presidential candidate to
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1 whom he is committed or the term "uncommitted"; and (i) that he
2 is aware of the provisions of section 1626 of this act requiring
3 pre-election and post-election reporting of campaign
4 contributions and expenditures. In cases of petitions for
5 candidates for the General Assembly, the candidate's affidavit
6 shall state (1) that the candidate will satisfy the eligibility
7 requirements contained in sections 5 and 7 of Article II of the
8 Constitution of Pennsylvania; (2) (i) that in the case of a
9 candidate for the office of Senator in the General Assembly that
10 the candidate will be twenty-five (25) years of age on or before
11 the first day of the term for which the candidate seeks election
12 or (ii) that in the case of a candidate for the office of
13 Representative in the General Assembly that the candidate will
14 be twenty-one (21) years of age on or before the first day of
15 the term for which the candidate seeks election; (3) that the
16 candidate shall have been a citizen and inhabitant of
17 Pennsylvania four (4) years and an inhabitant of the respective
18 district one (1) year next before the election (unless absent on
19 the public business of the United States or of this State); and
20 (4) that the candidate has not been convicted of embezzlement of
21 public moneys, bribery, perjury or other infamous crime. In
22 cases of petitions for delegate and alternate delegate to
23 National conventions, the candidate's affidavit shall state that
24 his signature to the delegate's statement, as hereinafter set
25 forth, if such statement is signed by said candidate, was
26 affixed to the sheet or sheets of said petition prior to the
27 circulation of same. In the case of a candidate for nomination
28 as President of the United States, it shall not be necessary for
29 such candidate to file the affidavit required in this section to
30 be filed by candidates, but the post-office address of such
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1 candidate shall 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 common pleas, the Philadelphia Municipal Court or the
28 Traffic Court of Philadelphia, or the office of school director
29 in districts where that office is elective or the office of
30 justice of the peace] upon the official ballot of more than one
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1 political party; or (e) in the case of nomination papers, if the
2 candidate named therein has filed a nomination petition for any
3 public office for the ensuing primary, or has been nominated for
4 any such office by nomination papers previously filed; or (f) if
5 the nomination petitions or papers are not accompanied by the
6 filing fee or certified check required for said office; or (g)
7 in the case of nomination papers, the appellation set forth
8 therein is identical with or deceptively similar to the words
9 used by any existing party or by any political body which has
10 already filed nomination papers for the same office, or if the
11 appellation set forth therein contains part of the name, or an
12 abbreviation of the name or part of the name of an existing
13 political party, or of a political body which has already filed
14 nomination papers for the same office. The invalidity of any
15 sheet of a nomination petition or nomination paper shall not
16 affect the validity of such petition or paper if a sufficient
17 petition or paper remains after eliminating such invalid sheet.
18 The action of said officer or board in refusing to receive and
19 file any such nomination petition, certificate or paper, may be
20 reviewed by the court upon an application to compel its
21 reception as of the date when it was presented to the office of
22 such officer or board: Provided, however, That said officer or
23 board shall be entitled to a reasonable time in which to examine
24 any petitions, certificates or papers, and to summon and
25 interrogate the candidates named therein, or the persons
26 presenting said petitions, certificates or papers, and his or
27 their retention of same for the purpose of making such
28 examination or interrogation shall not be construed as an
29 acceptance or filing.
30 * * *
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1 Section 981.1. Affidavits of Candidates.--Each candidate for
2 any State, county, city, borough, incorporated town, township,
3 ward, school district, poor district or election district
4 office, or for the office of United States Senator or
5 Representative in Congress, selected as provided in sections 979
6 and 980 of this act, shall file with the substituted nomination
7 certificate an affidavit stating--(a) his residence, with street
8 and number, if any, and his post-office address; (b) his
9 election district, giving city, borough, town or township; (c)
10 the name of the office for which he consents to be a candidate;
11 (d) that he is eligible for such office; (e) that he will not
12 knowingly violate any provision of this act, or of any law
13 regulating and limiting election expenses and prohibiting
14 corrupt practices in connection therewith; (f) [unless he is a
15 candidate for judge of a court of common pleas, the Philadelphia
16 Municipal Court or the Traffic Court of Philadelphia, or for the
17 office of school board in a district where that office is
18 elective or for the office of justice of the peace,] that he is
19 not a candidate for the same office of any party or political
20 body other than the one designated in such certificate; and (g)
21 that he is aware of the provisions of section 1626 of this act
22 requiring election and post-election reporting of campaign
23 contributions and expenditures. In cases of certificates for
24 candidates for the General Assembly, the candidate's affidavit
25 shall state (1) that the candidate will satisfy the eligibility
26 requirements contained in sections 5 and 7 of Article II of the
27 Constitution of Pennsylvania; (2) (i) that, in the case of a
28 candidate for the office of Senator in the General Assembly, the
29 candidate will be twenty-five (25) years of age on or before the
30 first day of the term for which the candidate seeks election or
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1 (ii) that, in the case of a candidate for the office of
2 Representative in the General Assembly, the candidate will be
3 twenty-one (21) years of age on or before the first day of the
4 term for which the candidate seeks election; (3) that the
5 candidate shall have been a citizen and an inhabitant of
6 Pennsylvania four (4) years and an inhabitant of the respective
7 district one (1) year next before the election (unless absent on
8 the public business of the United States or of this State); and
9 (4) that the candidate has not been convicted of embezzlement of
10 public moneys, bribery, perjury or other infamous crime.
11 Section 993. Filling of Certain Vacancies in Public Office
12 by Means of Nomination Certificates and Nomination Papers.--(a)
13 In all cases where a vacancy shall occur for any cause in an
14 elective public office, including that of judge of a court of
15 record, at a time when such vacancy is required by the
16 provisions of the Constitution or the laws of this Commonwealth
17 to be filled at the ensuing election but at a time when
18 nominations for such office cannot be made under any other
19 provision of this act, nominations to fill such vacancies shall
20 be made by political parties in accordance with party rules
21 relating to the filling of vacancies by means of nomination
22 certificates in the form prescribed in section nine hundred
23 ninety-four of this act, and by political bodies by means of
24 nomination papers in accordance with the provisions of sections
25 nine hundred fifty-one, nine hundred fifty-two and nine hundred
26 fifty-four of this act. No such nomination certificate shall
27 nominate any person who has already been nominated by any other
28 political party or by any political body for the same office
29 [unless such person is a candidate for the office of judge of a
30 court of common pleas, the Philadelphia Municipal Court or the
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1 Traffic Court of Philadelphia, or for the office of school
2 director in districts where that office is elective or for the
3 office of justice of the peace]. No such nomination papers shall
4 nominate any person who has already been nominated by any
5 political party or by any other political body for any office to
6 be filled at the ensuing November election[, unless such person
7 is a candidate for the office of judge of a court of common
8 pleas, the Philadelphia Municipal Court or the Traffic Court of
9 Philadelphia, or for the office of school director in districts
10 where that office is elective or for the office of justice of
11 the peace].
12 * * *
13 Section 998. Substituted Nominations to Fill Certain
14 Vacancies for a November Election.--(a) Any vacancy happening
15 or existing in any party nomination made in accordance with the
16 provisions of section nine hundred ninety-three of this act for
17 a November election by reason of the death or withdrawal of any
18 candidate may be filled by a substituted nomination made by such
19 committee as is authorized by the rules of the party to make
20 nominations in the event of vacancies on the party ticket, in
21 the form prescribed by section nine hundred ninety-four of this
22 act. But no substituted nomination certificate shall nominate
23 any person who has already been nominated by any other political
24 party or by any political body for the same office[, unless such
25 person is a candidate for the office of judge of a court of
26 common pleas, the Philadelphia Municipal Court or the Traffic
27 Court of Philadelphia, or for the office of school director in
28 districts where that office is elective or for the office of
29 justice of the peace].
30 (b) In case of the death or withdrawal of any candidate
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1 nominated by a political body for an election, the committee
2 named in the original nomination papers may nominate a
3 substitute in his place by filing a substituted nomination
4 certificate in the form and manner prescribed by section nine
5 hundred eighty of this act. In the case of a vacancy caused by
6 the death of any candidate, said nomination certificate shall be
7 accompanied by a death certificate properly certified. No
8 substituted nomination certificate shall nominate any person who
9 has already been nominated by any political party or by any
10 other political body for any office to be filled at the ensuing
11 November election[, unless such person is a candidate for the
12 office of judge of a court of common pleas, the Philadelphia
13 Municipal Court or the Traffic Court of Philadelphia, or for the
14 office of school director in districts where that office is
15 elective or for the office of justice of the peace].
16 * * *
17 Section 1004. Form of Ballots; Printing Ballots; Stubs;
18 Numbers.--From the lists furnished by the Secretary of the
19 Commonwealth under the provisions of sections 915 and 984, and
20 from petitions and papers filed in their office, the county
21 election board shall print the official primary and election
22 ballots in accordance with the provisions of this act: Provided,
23 however, That in no event, shall the name of any person
24 consenting to be a candidate for nomination for any one office[,
25 except the office of judge of a court of common pleas, the
26 Philadelphia Municipal Court or the Traffic Court of
27 Philadelphia, or the office of school director in districts
28 where that office is elective or the office of justice of the
29 peace] be printed as a candidate for such office upon the
30 official primary ballot of more than one party. All ballots for
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1 use in the same election district at any primary or election
2 shall be alike. They shall be at least six inches long and four
3 inches wide, and shall have a margin extending beyond any
4 printing thereon. They shall be printed with the same kind of
5 type (which shall not be smaller than the size known as
6 "brevier" or "eight point body") upon white paper of uniform
7 quality, without any impression or mark to distinguish one from
8 another, and with sufficient thickness to prevent the printed
9 matter from showing through. Each ballot shall be attached to a
10 stub, and all the ballots for the same election district shall
11 be bound together in books of fifty, in such manner that each
12 ballot may be detached from its stub and removed separately. The
13 ballots for each party to be used at a primary shall be bound
14 separately. The stubs of the ballots shall be consecutively
15 numbered, and in the case of primary ballots, the number shall
16 be preceded by an initial or abbreviation designating the party
17 name. The number and initial or abbreviation which appears upon
18 the stub shall also be printed in the upper right hand corner of
19 the back of the ballot, separated from the remainder of the
20 ballot by a diagonal perforated line so prepared that the upper
21 right hand corner of the back of the ballot containing the
22 number may be detached from the ballot before it is deposited in
23 the ballot box and beside that corner shall also be printed,
24 "Remove numbered stub immediately before depositing your ballot
25 in ballot box."
26 Section 2. This act shall take effect immediately.
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