THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY McGEEHAN, CALTAGIRONE, CASORIO, DeLUCA, DONATUCCI, GERGELY, HARHAI, HORNAMAN, MAHONEY, McILVAINE SMITH, MELIO, MILNE, M. O'BRIEN AND SIPTROTH, APRIL 21, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 21, 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," repealing provisions allowing candidates to cross

file.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 630.1 and 910 of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code,

amended May 12, 2006 (P.L.178, No.45), are amended to read: 

Section 630.1.  Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

school district or poor district office, or for the office of

United States Senator or Representative in Congress, selected as

provided in section 630 of this act, shall file with the

nomination certificate an affidavit stating--(a) his residence,

with street and number, if any, and his post-office address; (b)

his election district, giving city, borough, town or township;

(c) the name of the office for which he consents to be a

candidate; (d) that he is eligible for such office; (e) that he

will not knowingly violate any provision of this act, or of any

law regulating and limiting election expenses and prohibiting

corrupt practices in connection therewith; (f) [unless he is a

candidate for judge of a court of common pleas, the Philadelphia

Municipal Court or the Traffic Court of Philadelphia, or for the

office of school board in a district where that office is

elective or for the office of justice of the peace,] that he is

not a candidate for the same office of any party or political

body other than the one designated in such certificate; (g) that

he is aware of the provisions of section 1626 of this act

requiring election and post-election reporting of campaign

contributions and expenditures; and (h) that he is not a

candidate for an office which he already holds, the term of

which is not set to expire in the same year as the office

subject to the affidavit.

Section 910.  Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

ward, school district, poor district, election district, party

office, party delegate or alternate, or for the office of United

States Senator or Representative in Congress, shall file with

his nomination petition his affidavit stating--(a) his

residence, with street and number, if any, and his post-office

address; (b) his election district, giving city, borough, town

or township; (c) the name of the office for which he consents to

be a candidate; (d) that he is eligible for such office; (e)

that he will not knowingly violate any provision of this act, or

of any law regulating and limiting nomination and election

expenses and prohibiting corrupt practices in connection

therewith; (f) [unless he is a candidate for judge of a court of

common pleas, the Philadelphia Municipal Court or the Traffic

Court of Philadelphia, or for the office of school director in a

district where that office is elective or for the office of

justice of the peace] that he is not a candidate for nomination

for the same office of any party other than the one designated

in such petition; (g) if he is a candidate for a delegate, or

alternate delegate, member of State committee, National

committee or party officer, that he is a registered and enrolled

member of the designated party; (h) if he is a candidate for

delegate or alternate delegate the presidential candidate to

whom he is committed or the term "uncommitted"; (i) that he is

aware of the provisions of section 1626 of this act requiring

pre-election and post-election reporting of campaign

contributions and expenditures; and (j) that he is not a

candidate for an office which he already holds, the term of

which is not set to expire in the same year as the office

subject to the affidavit. In cases of petitions for delegate and

alternate delegate to National conventions, the candidate's

affidavit shall state that his signature to the delegate's

statement, as hereinafter set forth, if such statement is signed

by said candidate, was affixed to the sheet or sheets of said

petition prior to the circulation of same. In the case of a

candidate for nomination as President of the United States, it

shall not be necessary for such candidate to file the affidavit

required in this section to be filed by candidates, but the

post-office address of such candidate shall be stated in such

nomination petition.

Section 2.  Section 976 first paragraph of the act, amended

February 19, 1986 (P.L.29, No.11), is amended to read:

Section 976.  Examination of Nomination Petitions,

Certificates and Papers; Return of Rejected Nomination

Petitions, Certificates and Papers.--When any nomination

petition, nomination certificate or nomination paper is

presented in the office of the Secretary of the Commonwealth or

of any county board of elections for filing within the period

limited by this act, it shall be the duty of the said officer or

board to examine the same. No nomination petition, nomination

paper or nomination certificate shall be permitted to be filed

if--(a) it contains material errors or defects apparent on the

face thereof, or on the face of the appended or accompanying

affidavits; or (b) it contains material alterations made after

signing without the consent of the signers; or (c) it does not

contain a sufficient number of signatures as required by law;

Provided, however, That the Secretary of the Commonwealth or the

county board of elections, although not hereby required so to

do, may question the genuineness of any signature or signatures

appearing thereon, and if he or it shall thereupon find that any

such signature or signatures are not genuine, such signature or

signatures shall be disregarded in determining whether the

nomination petition, nomination paper or nomination certificate

contains a sufficient number of signatures as required by law;

or (d) in the case of nomination petitions, if nomination

petitions have been filed for printing the name of the same

person for the same office[, except the office of judge of a

court of common pleas, the Philadelphia Municipal Court or the

Traffic Court of Philadelphia, or the office of school director

in districts where that office is elective or the office of

justice of the peace] upon the official ballot of more than one

political party; or (e) in the case of nomination papers, if the

candidate named therein has filed a nomination petition for any

public office for the ensuing primary, or has been nominated for

any such office by nomination papers previously filed; or (f) if

the nomination petitions or papers are not accompanied by the

filing fee or certified check required for said office; or (g)

in the case of nomination papers, the appellation set forth

therein is identical with or deceptively similar to the words

used by any existing party or by any political body which has

already filed nomination papers for the same office, or if the

appellation set forth therein contains part of the name, or an

abbreviation of the name or part of the name of an existing

political party, or of a political body which has already filed

nomination papers for the same office. The invalidity of any

sheet of a nomination petition or nomination paper shall not

affect the validity of such petition or paper if a sufficient

petition or paper remains after eliminating such invalid sheet.

The action of said officer or board in refusing to receive and

file any such nomination petition, certificate or paper, may be

reviewed by the court upon an application to compel its

reception as of the date when it was presented to the office of

such officer or board: Provided, however, That said officer or

board shall be entitled to a reasonable time in which to examine

any petitions, certificates or papers, and to summon and

interrogate the candidates named therein, or the persons

presenting said petitions, certificates or papers, and his or

their retention of same for the purpose of making such

examination or interrogation shall not be construed as an

acceptance or filing.

* * *

Section 3.  Section 981.1 of the act, amended May 12, 2006

(P.L.178, No.45), is amended to read:

Section 981.1.  Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

ward, school district, poor district or election district

office, or for the office of United States Senator or

Representative in Congress, selected as provided in sections 979

and 980 of this act, shall file with the substituted nomination

certificate an affidavit stating--(a) his residence, with street

and number, if any, and his post-office address; (b) his

election district, giving city, borough, town or township; (c)

the name of the office for which he consents to be a candidate;

(d) that he is eligible for such office; (e) that he will not

knowingly violate any provision of this act, or of any law

regulating and limiting election expenses and prohibiting

corrupt practices in connection therewith; (f) [unless he is a

candidate for judge of a court of common pleas, the Philadelphia

Municipal Court or the Traffic Court of Philadelphia, or for the

office of school board in a district where that office is

elective or for the office of justice of the peace,] that he is

not a candidate for the same office of any party or political

body other than the one designated in such certificate; (g) that

he is aware of the provisions of section 1626 of this act

requiring election and post-election reporting of campaign

contributions and expenditures; and (h) that he is not a

candidate for an office which he already holds, the term of

which is not set to expire in the same year as the office

subject to the affidavit.

Section 4.  Sections 993(a) and 998 of the act, amended

February 19, 1986 (P.L.29, No.11), are amended to read:

Section 993.  Filling of Certain Vacancies in Public Office

by Means of Nomination Certificates and Nomination Papers.--(a)

In all cases where a vacancy shall occur for any cause in an

elective public office, including that of judge of a court of

record, at a time when such vacancy is required by the

provisions of the Constitution or the laws of this Commonwealth

to be filled at the ensuing election but at a time when

nominations for such office cannot be made under any other

provision of this act, nominations to fill such vacancies shall

be made by political parties in accordance with party rules

relating to the filling of vacancies by means of nomination

certificates in the form prescribed in section nine hundred

ninety-four of this act, and by political bodies by means of

nomination papers in accordance with the provisions of sections

nine hundred fifty-one, nine hundred fifty-two and nine hundred

fifty-four of this act. No such nomination certificate shall

nominate any person who has already been nominated by any other

political party or by any political body for the same office

[unless such person is a candidate for the office of judge of a

court of common pleas, the Philadelphia Municipal Court or the

Traffic Court of Philadelphia, or for the office of school

director in districts where that office is elective or for the

office of justice of the peace]. No such nomination papers shall

nominate any person who has already been nominated by any

political party or by any other political body for any office to

be filled at the ensuing November election[, unless such person

is a candidate for the office of judge of a court of common

pleas, the Philadelphia Municipal Court or the Traffic Court of

Philadelphia, or for the office of school director in districts

where that office is elective or for the office of justice of

the peace].

* * *

Section 998.  Substituted Nominations to Fill Certain

Vacancies for a November Election.--(a)  Any vacancy happening

or existing in any party nomination made in accordance with the

provisions of section nine hundred ninety-three of this act for

a November election by reason of the death or withdrawal of any

candidate may be filled by a substituted nomination made by such

committee as is authorized by the rules of the party to make

nominations in the event of vacancies on the party ticket, in

the form prescribed by section nine hundred ninety-four of this

act. But no substituted nomination certificate shall nominate

any person who has already been nominated by any other political

party or by any political body for the same office[, unless such

person is a candidate for the office of judge of a court of

common pleas, the Philadelphia Municipal Court or the Traffic

Court of Philadelphia, or for the office of school director in

districts where that office is elective or for the office of

justice of the peace].

(b)  In case of the death or withdrawal of any candidate

nominated by a political body for an election, the committee

named in the original nomination papers may nominate a

substitute in his place by filing a substituted nomination

certificate in the form and manner prescribed by section nine

hundred eighty of this act. In the case of a vacancy caused by

the death of any candidate, said nomination certificate shall be

accompanied by a death certificate properly certified. No

substituted nomination certificate shall nominate any person who

has already been nominated by any political party or by any

other political body for any office to be filled at the ensuing

November election[, unless such person is a candidate for the

office of judge of a court of common pleas, the Philadelphia

Municipal Court or the Traffic Court of Philadelphia, or for the

office of school director in districts where that office is

elective or for the office of justice of the peace].

(c)  Substituted nomination certificates to fill vacancies

caused by the withdrawal of candidates nominated for a November

election in accordance with the provisions of section nine

hundred ninety-three of this act shall be filed with the officer

or board with whom the original nomination certificates or

papers were filed not later than seven (7) days after the last

day for filing the original nomination certificates or papers.

(d)  Substituted nomination certificates to fill vacancies

caused by the death of candidates nominated for a November

election in accordance with the provisions of section nine

hundred ninety-three of this act shall be filed in the office of

the officer or board with whom the original nomination

certificates or papers were filed at any time prior to the day

in which the printing of ballots is started.

Section 5.  This act shall take effect in 60 days.