PRINTER'S NO. 1566
No. 1318 Session of 2005
INTRODUCED BY GERGELY, CLYMER, EACHUS, ARGALL, BALDWIN,
BENNINGHOFF, BLAUM, CALTAGIRONE, COHEN, CORRIGAN, COSTA,
CREIGHTON, DALLY, DERMODY, DeWEESE, DIVEN, FABRIZIO, FRANKEL,
GERBER, GOOD, GOODMAN, GRUCELA, HANNA, HARHAI, HARRIS,
HUTCHINSON, KOTIK, LaGROTTA, LEACH, McCALL, MUNDY, NAILOR,
O'NEILL, PISTELLA, PRESTON, RAMALEY, ROONEY, RUFFING,
SANTONI, SAYLOR, STABACK, STURLA, SURRA, E. Z. TAYLOR,
THOMAS, TIGUE, VEON, WANSACZ, WILLIAMS, WOJNAROSKI AND
YUDICHAK, APRIL 11, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 11, 2005
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 affidavits of candidates.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 630.1, 910 and 981.1 of the act of June
15 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
16 Code, amended February 13, 1998 (P.L.72, No.18), are amended to
17 read:
18 Section 630.1. Affidavits of Candidates.--Each candidate for
19 any State, county, city, borough, incorporated town, township,
1 school district or poor district office, or for the office of
2 United States Senator or Representative in Congress, selected as
3 provided in section 630 of this act, shall file with the
4 nomination certificate an affidavit stating--(a) his residence,
5 with street and number, if any, and his post-office address; (b)
6 his election district, giving city, borough, town or township;
7 (c) the name of the office for which he consents to be a
8 candidate; (d) that he is eligible for such office; (e) that he
9 will not knowingly violate any provision of this act, or of any
10 law regulating and limiting election expenses and prohibiting
11 corrupt practices in connection therewith; (f) unless he is a
12 candidate for 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 board in a district where that office is
15 elective or for the office of justice of the peace, that he is
16 not a candidate for the same office of any party or political
17 body other than the one designated in such certificate; [and]
18 (g) that he is aware of the provisions of section 1626 of this
19 act requiring election and post-election reporting of campaign
20 contributions and expenditures[.]; and (h) that he is not a
21 candidate for an office: (1) which he already holds; and (2) the
22 term of which is not set to expire in the same year as the
23 office subject to the affidavit is filed.
24 Section 910. Affidavits of Candidates.--Each candidate for
25 any State, county, city, borough, incorporated town, township,
26 ward, school district, poor district, election district, party
27 office, party delegate or alternate, or for the office of United
28 States Senator or Representative in Congress, shall file with
29 his nomination petition his affidavit stating--(a) his
30 residence, with street and number, if any, and his post-office
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1 address; (b) his election district, giving city, borough, town
2 or township; (c) the name of the office for which he consents to
3 be a candidate; (d) that he is eligible for such office; (e)
4 that he will not knowingly violate any provision of this act, or
5 of any law regulating and limiting nomination and election
6 expenses and prohibiting corrupt practices in connection
7 therewith; (f) unless he is a candidate for judge of a court of
8 common pleas, the Philadelphia Municipal Court or the Traffic
9 Court of Philadelphia, or for the office of school director in a
10 district where that office is elective or for the office of
11 justice of the peace that he is not a candidate for nomination
12 for the same office of any party other than the one designated
13 in such petition; (g) if he is a candidate for a delegate, or
14 alternate delegate, member of State committee, National
15 committee or party officer, that he is a registered and enrolled
16 member of the designated party; (h) if he is a candidate for
17 delegate or alternate delegate the presidential candidate to
18 whom he is committed or the term "uncommitted"; [and] (i) that
19 he is aware of the provisions of section 1626 of this act
20 requiring pre-election and post-election reporting of campaign
21 contributions and expenditures[.]; and (j) that he is not a
22 candidate for an office: (1) which he already holds; and (2) the
23 term of which is not set to expire in the same year as the
24 office subject to the affidavit is filed. In cases of petitions
25 for delegate and alternate delegate to National conventions, the
26 candidate's affidavit shall state that his signature to the
27 delegate's statement, as hereinafter set forth, if such
28 statement is signed by said candidate, was affixed to the sheet
29 or sheets of said petition prior to the circulation of same. In
30 the case of a candidate for nomination as President of the
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1 United States, it shall not be necessary for such candidate to
2 file the affidavit required in this section to be filed by
3 candidates, but the post-office address of such candidate shall
4 be stated in such nomination petition.
5 Section 981.1. Affidavits of Candidates.--Each candidate for
6 any State, county, city, borough, incorporated town, township,
7 ward, school district, poor district or election district
8 office, or for the office of United States Senator or
9 Representative in Congress, selected as provided in sections 979
10 and 980 of this act, shall file with the substituted nomination
11 certificate an affidavit stating--(a) his residence, with street
12 and number, if any, and his post-office address; (b) his
13 election district, giving city, borough, town or township; (c)
14 the name of the office for which he consents to be a candidate;
15 (d) that he is eligible for such office; (e) that he will not
16 knowingly violate any provision of this act, or of any law
17 regulating and limiting election expenses and prohibiting
18 corrupt practices in connection therewith; (f) unless he is a
19 candidate for judge of a court of common pleas, the Philadelphia
20 Municipal Court or the Traffic Court of Philadelphia, or for the
21 office of school board in a district where that office is
22 elective or for the office of justice of the peace, that he is
23 not a candidate for the same office of any party or political
24 body other than the one designated in such certificate; [and]
25 (g) that he is aware of the provisions of section 1626 of this
26 act requiring election and post-election reporting of campaign
27 contributions and expenditures[.]; and (h) that he is not a
28 candidate for an office: (1) which he already holds; and (2) the
29 term of which is not set to expire in the same year as the
30 office subject to the affidavit is filed.
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1 Section 2. This act shall take effect immediately.
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