PRINTER'S NO. 1348
No. 1119 Session of 2007
INTRODUCED BY SAYLOR, CLYMER, KORTZ, GINGRICH, CREIGHTON, WALKO,
BAKER, BOYD, BROOKS, COX, CUTLER, FAIRCHILD, GEIST,
GILLESPIE, HENNESSEY, MARSICO, R. MILLER, MOUL, MUSTIO,
PICKETT, PYLE, SCHRODER, SONNEY, SWANGER AND VULAKOVICH,
APRIL 18, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 18, 2007
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," providing for elections in the event of
12 catastrophic loss.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 627 of the act of June 3, 1937 (P.L.1333,
16 No.320), known as the Pennsylvania Election Code, amended August
17 13, 1963 (P.L.707, No.379), is amended to read:
18 Section 627. Special Elections for Representative in
19 Congress.--[Whenever]
20 (a) Except as provided in subsection (b), whenever a vacancy
21 shall occur or exist in the office of Representative in Congress
1 from [this State] Pennsylvania during a session of Congress, or
2 whenever such vacancy shall occur or exist at a time when the
3 members of Congress shall be required to meet at any time
4 previous to the next general election, the Governor shall issue,
5 within ten days after the happening of said vacancy, or after
6 the calling of an extraordinary session of Congress during the
7 existence of said vacancy, a writ of election to the proper
8 county board or boards of election and to the Secretary of the
9 Commonwealth, for a special election to fill said vacancy, which
10 election shall be held on a date named in said writ, which shall
11 not be less than sixty (60) days after the issuance of said
12 writ. In all other cases no such special election to fill said
13 vacancy shall be held. The Governor may fix, in such writ of
14 election, the date of the next ensuing primary or municipal
15 election as the date for holding any such special election.
16 (b) In the event of a catastrophic loss in which a vacancy
17 in the office of Representative in Congress from Pennsylvania is
18 created, the Governor shall issue, within seven days after the
19 happening of said vacancy, a writ of election to the proper
20 county board or boards of election and to the Secretary of the
21 Commonwealth, for a special election to fill said vacancy, which
22 election shall be held on a date named in said writ, which shall
23 not be less than forty-five (45) days nor more than sixty (60)
24 days after the issuance of said writ; except that if the next
25 primary, municipal or general election is scheduled to occur
26 within ninety (90) days of the issuance of the writ of election,
27 the Governor may fix the date of the next ensuing primary,
28 municipal or general election as the date for holding any such
29 special election under this subsection.
30 (c) When used in this section, "catastrophic loss" shall
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1 mean a natural or man-made event that causes a vacancy in at
2 least one-fourth of the total number of offices of the United
3 States House of Representatives including any number of offices
4 representing Pennsylvania or at least one-fourth of the total
5 number of offices representing Pennsylvania.
6 Section 2. Section 629 of the act, amended October 28, 1971
7 (P.L.493, No.112), is amended to read:
8 Section 629. Nominations for Special Election for
9 Representative in Congress, Senator and Representative in the
10 General Assembly and Member of Council or Legislative Body of
11 Cities, Boroughs, Towns and Townships.--
12 (a) Candidates to fill vacancies in the offices of
13 Representative in Congress, Senator and Representative in the
14 General Assembly and member of the council or legislative body
15 of any city, borough, town or township shall be nominated by
16 political parties, in accordance with the party rules relating
17 to the filling of vacancies, by means of nomination
18 certificates, in the form prescribed in section 630 of this act;
19 and by political bodies, by means of nomination papers, in
20 accordance with the provisions of sections 951, 952 and 954 of
21 this act. [Said] Except as provided in subsection (b), said
22 nomination certificates and nomination papers for the office of
23 Representative in Congress, Senator and Representative in the
24 General Assembly shall be filed in the office of the Secretary
25 of the Commonwealth not later than fifty (50) days prior to the
26 date of the special election, and for the office of member of
27 the council or legislative body of a city, borough, town or
28 township, in the office of the county board of elections wherein
29 such city, borough, town or township is situate, not later than
30 fifteen (15) days after the issuance of the writ of election.
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1 (b) Nomination certificates and nominating papers for the
2 office of Representative in Congress filed pursuant to section
3 627(b) shall be filed in the office of the Secretary of the
4 Commonwealth not later than thirty (30) days prior to the date
5 of the special election.
6 Section 3. Section 636 of the act, amended August 13, 1963
7 (P.L.707, No.379), is amended to read:
8 Section 636. Certification by Secretary of the Commonwealth
9 of Candidates for Special Elections.--[The]
10 (a) Except as provided in subsection (b), the Secretary of
11 the Commonwealth shall, not later than the thirtieth (30th) day
12 next preceding the day fixed for any special election to fill a
13 vacancy in the offices of United States Senator, Representative
14 in Congress, Senator and Representative in the General Assembly,
15 certify to the proper county board or boards the names and
16 residences of, and parties or political bodies represented by,
17 all candidates whose nomination certificates or papers have been
18 filed with him, as herein provided, for such election, and have
19 not been found and declared invalid, and to be voted for in the
20 county or any district or districts thereof, substantially in
21 the form of the ballots to be used therein.
22 (b) For special elections under section 627(b), the
23 Secretary of the Commonwealth shall, not later than the
24 eighteenth (18th) day next preceding the day fixed for the
25 special election to fill a vacancy in the office of
26 Representative in Congress, certify to the proper county board
27 or boards the names and residences of, and parties or political
28 bodies represented by, all candidates whose nomination
29 certificates or papers have been filed with him, as herein
30 provided, for such election, and have not been found and
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1 declared invalid, and to be voted for in the county or any
2 district or districts thereof, substantially in the form of the
3 ballots to be used therein.
4 Section 4. This act shall take effect in 60 days.
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