THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DePASQUALE, BARRAR, BOYD, CREIGHTON, FLECK, GOODMAN, GROVE, HESS, HORNAMAN, JOSEPHS, McGEEHAN, McILVAINE SMITH, MENSCH, MOUL, MURT, STERN, SWANGER AND VULAKOVICH, FEBRUARY 5, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 5, 2009  

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," further providing for special elections for

United States Senator and nominations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 626 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, amended August

13, 1963 (P.L.707, No.379), is amended to read:

Section 626.  Special Elections for United States Senator;

Nominations.--Whenever a vacancy shall occur in the office of

United States Senator, said vacancy shall be filled for the

unexpired term by the vote of the electors of the State at a

special election to be held at the time of the next general or

municipal election, occurring [at least] not more than one

hundred twenty (120) nor less than ninety (90) days after the

happening of such vacancy, and it shall be the duty of the

Governor to issue writs of election to the various county boards

of elections and to the Secretary of the Commonwealth within ten

(10) days after the happening of said vacancy. The Governor

shall call for a special election on a date other than the next

general or municipal election if the general or municipal

election is scheduled more than one hundred twenty (120) days

after the happening of such vacancy, which election shall occur

not more than one hundred twenty (120) nor less than ninety (90)

days after the happening of such vacancy. A special election may

not be held less than forty-five (45) days immediately preceding

or forty-five (45) days next succeeding a general or municipal

election. If, in order to meet the one hundred twenty (120 )day

requirement, the date of a special election would occur less

than forty-five (45) days immediately preceding or forty-five

(45) days next succeeding a general or municipal election, the

special election shall occur the first Tuesday after the forty-

fifth day following the general or municipal election.

Candidates to fill vacancies in the office of United States

Senator shall be nominated by political parties, in accordance

with the party rules relating to the filling of vacancies, by

means of nomination certificates, in the form prescribed in

section 630 of this act; and by political bodies, by means of

nomination papers, in accordance with the provisions of sections

951, 952 and 954 of this act. Said nomination certificates and

nomination papers shall be filed in the office of the Secretary

of the Commonwealth at least sixty (60) days prior to the date

of said special election. Until such time as said vacancy shall

be filled by an election as herein provided, the Governor of the

Commonwealth may make a temporary appointment to fill said

vacancy.

Section 2.  This act shall take effect in 60 days.