THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, PICCOLA, BROWNE AND BOSCOLA, JANUARY 12, 2011

REFERRED TO STATE GOVERNMENT, JANUARY 12, 2011  

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," in party organization, further providing for

definition of political parties and political bodies; and, in

nomination of candidates, further providing for nominations

by minor political parties and for nominations by political

bodies.

The General Assembly finds and declares as follows:

(1)  The Commonwealth's election laws hinder the entry

into the electoral process of independent candidates, thereby

limiting the electoral choices available to voters of this

Commonwealth.

(2)  The political system of the Commonwealth should be

electorally inclusive in order to promote the broadest range

of issue discussion and candidate selection.

(3)  Enhanced ballot access for all candidates will

ensure a more democratic election process.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 801(a) of the act of June 3, 1937 (P.L.

1333, No.320), known as the Pennsylvania Election Code, amended

December 22, 1971 (P.L.613, No.165), is amended to read:

Section 801.  Definition of Political Parties and Political

Bodies.--

(a) Any party or political body, one of whose candidates at

the general election next preceding the primary polled in each

of at least ten counties of the State not less than two per

centum of the largest entire vote cast in each of said counties

for any elected candidate, and polled a total vote in the State

equal to at least two per centum of the largest entire vote cast

in the State for any elected candidate, or that has twenty-one

days prior to the date of the primary election, registered in

the name of that party a number of voters equal to at least five

one-hundredths of one per centum of the total number of voters

registered in the entire State as of December 31 of the year

immediately preceding the primary election is hereby declared to

be a political party within the State, and shall nominate all

its candidates for any of the offices provided for in this act,

and shall elect its delegates and alternate delegates to the

National convention as party rules provide. State committee

members, and also such party officers, including members of the

National committee, as its rules provide, shall be elected by a

vote of the party electors, in accordance with the provisions of

this act and party rules.

* * *

Section 2.  Section 912.2(a) and (b) of the act, added

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

Section 912.2.  Nominations by Minor Political Parties.--(a)

Notwithstanding any other provision in this act to the contrary,

minor political parties shall nominate all of their candidates

for the offices to be filled at the ensuing November election

pursuant to section 903 in accordance with the [requirements of

section 951, other than subsection (e)(6) and (7) thereof, and

section 954, and shall obtain the required signatures during the

same time frame available to political bodies.] provisions of

this act and the minor political party rules, and shall notify

the Secretary of the Commonwealth in writing of the candidates

at least eight weeks in advance of the municipal or general

election. Minor political parties shall be subject to the

provisions of this act applicable to political parties with

respect to special elections, voter registration forms,

substituted nominations and all other purposes except as

otherwise expressly provided in this section. "Minor political

party" shall mean a political party as defined in section 801(a)

or (b) whose State-wide registration is less than fifteen per

centum of the combined State-wide registration for all State-

wide political parties as of the close of the registration

period immediately preceding the most recent November election.

The Secretary of the Commonwealth shall prescribe forms or, if

there is insufficient time, make appropriate conforming changes

in existing forms to carry out the purposes of this section.

[(b)  All nomination papers circulated and filed pursuant to

this section shall specify--(1) the name or appellation of the

minor political party which the candidates nominated thereby

represent and, in the case of electors for President and Vice

President of the United States, the names of the candidates for

President and Vice President of such minor political party; (2)

the name of each candidate nominated therein, his profession,

business or occupation, if any, and his place of residence with

street and number, if any; and (3) the office for which such

candidate is nominated. No words shall be used in any nomination

paper to designate the name or appellation of the minor

political party represented by the candidate's name in such

nomination paper which are identical with or deceptively similar

to the words used for a like purpose by any minor political

party which has already filed nomination papers for the same

office. Any petition to set aside a nomination paper on account

of the name or appellation used therein, or involving the right

of the signers thereof to use such name or appellation, or on

any other account, shall be decided as in the case of other

petitions to set aside nomination papers, in the manner provided

by this article.]

* * *

Section 3.  Section 951(b) of the act, amended December 22,

1971 (P.L.613, No.165), is amended to read:

Section 951.  Nominations by Political Bodies.--* * *

(b)  Where the nomination is for any office to be filled by

the electors of the State at large, the number of qualified

electors of the State signing such nomination paper shall be at

least equal to [two per centum of the largest entire vote cast

for any elected candidate in the State at large at the last

preceding election at which State-wide candidates were voted

for. In the case of all other nominations, the number of

qualified electors of the electoral district signing such

nomination papers shall be at least equal to two per centum of

the largest entire vote cast for any officer, except a judge of

a court of record, elected at the last preceding election in

said electoral district for which said nomination papers are to

be filed, and shall be not less than the number of signers

required for nomination petitions for party candidates for the

same office. In cases where a new electoral district shall have

been created, the number of qualified electors signing such

nomination papers, for candidates to be elected at the first

election held after the creation of such district, shall be at

least equal to two per centum of the largest vote cast in the

several election districts, which are included in the district

newly created, for any officer elected in the last preceding

election.] the number of signers required under section 912.1.

* * *

Section 4.  This act shall take effect immediately.