1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2"An act concerning elections, including general, municipal,
3special and primary elections, the nomination of candidates,
4primary and election expenses and election contests; creating
5and defining membership of county boards of elections;
6imposing duties upon the Secretary of the Commonwealth,
7courts, county boards of elections, county commissioners;
8imposing penalties for violation of the act, and codifying,
9revising and consolidating the laws relating thereto; and
10repealing certain acts and parts of acts relating to
11elections," in dates of elections and primaries and special
12elections, further providing for affidavits of candidates;
<-13and, in nomination of candidates, further providing for
14affidavits of candidates., for examination of nominati<-on 
15petitions, certificates and papers and return of rejected 
16nomination petitions, certificates and papers, for filling of 
17certain vacancies in public office and for substituted 
18nominations to fill certain vacancies; in ballots, further 
19providing for form and printing of ballots; and replacing 
20references to "justice of the peace" with "magisterial 
21district judge."

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1. S<-ections 630.1 and 981.1 of the act of June 3,
251937 (P.L.1333, No.320), known as the Pennsylvania Election
26Code, amended May 12, 2006 (P.L.178, No.45), are amended to

1read:

2Section 1. Sect<-ion 406 of the act of June 3, 1937 (P.L.1333, 
3No.320), known as the Pennsylvania Election Code, is amended to 
4read:

5Section 406. Election Officers to Be Sworn.--All judges,
6inspectors, clerks of election and machine inspectors shall,
7before entering upon their duties at any primary or election, be
8duly sworn in the presence of each other and of the watchers and
9overseers, if any. The judge shall first be sworn by the
10minority inspector or by a magistrate, alderman or [justice of
11the peace] magisterial district judge, and the inspectors,
12clerks and machine inspectors shall then be sworn by the judge.
13Each of them shall forthwith sign in duplicate the oath taken by
14him upon forms to be furnished by the county board, and the same
15shall be attested by the officer who administered the oath.

16Section 2. Section 630.1 of the act, amended May 12, 2006
17(P.L.178, No.45), is amended to read:

18Section 630.1. Affidavits of Candidates.--Each candidate for
19any State, county, city, borough, incorporated town, township,
20school district or poor district office, or for the office of
21United States Senator or Representative in Congress, selected as
22provided in section 630 of this act, shall file with the
23nomination certificate an affidavit stating--(a) his residence,
24with street and number, if any, and his post-office address; (b)
25his election district, giving city, borough, town or township;
26(c) the name of the office for which he consents to be a
27candidate; (d) that he is eligible for such office; (e) that he
28will not knowingly violate any provision of this act, or of any
29law regulating and limiting election expenses and prohibiting
30corrupt practices in connection therewith; (f) unless he is a

1candidate for judge of a court of common pleas, the Philadelphia
2Municipal Court or the Traffic Court of Philadelphia[, or for
3the office of school board in a district where that office is
4elective] or for the office of [justice of the peace<-] 
5magisterial district judge, that he is not a candidate for the
6same office of any party or political body other than the one
7designated in such certificate; (g) that he is aware of the
8provisions of section 1626 of this act requiring election and
9post-election reporting of campaign contributions and
10expenditures; and (h) that he is not a candidate for an office
11which he already holds, the term of which is not set to expire
12in the same year as the office subject to the affidavit.

13Sectio<-n 3. Section 909 of the act, amended February 19, 1986
14(P.L.29, No.11), is amended to read:

15Section 909. Petition May Consist of Several Sheets; 
16Affidavit of Circulator.--Said nomination petition may be on one 
17or more sheets, and different sheets must be used for signers 
18resident in different counties. If more than one sheet is used, 
19they shall be bound together when offered for filing if they are 
20intended to constitute one petition, and each sheet shall be 
21numbered consecutively beginning with number one, at the foot of 
22each page. In cases of petitions for delegate or alternate 
23delegate to National conventions, each sheet shall contain a 
24notation indicating the presidential candidate to whom he is 
25committed or the term "uncommitted." Each sheet shall have 
26appended thereto the affidavit of the circulator of each sheet, 
27setting forth--(a) that he or she is a qualified elector duly 
28registered and enrolled as a member of the designated party of 
29the State, or of the political district, as the case may be, 
30referred to in said petition, unless said petition relates to
 

1the nomination of a candidate for a court of common pleas, for 
2the Philadelphia Municipal Court or for the Traffic Court of 
3Philadelphia or for [justice of the peace] magisterial district 
4judge, in which event the circulator need not be a duly 
5registered and enrolled member of the designated party; (b) his 
6residence, giving city, borough or township, with street and 
7number, if any; (c) that the signers thereto signed with full 
8knowledge of the contents of the petition; (d) that their 
9respective residences are correctly stated therein; (e) that 
10they all reside in the county named in the affidavit; (f) that 
11each signed on the date set opposite his name; and (g) that, to 
12the best of affiant's knowledge and belief, the signers are 
13qualified electors and duly registered and enrolled members of 
14the designated party of the State, or of the political district, 
15as the case may be.

16Section 4. Section 910 of the act, amended May 12, 2006
17(P.L.178, No.45), is amended to read:

18Section 910. Affidavits of Candidates.--Each candidate for 
19any State, county, city, borough, incorporated town, township, 
20ward, school district, poor district, election district, party 
21office, party delegate or alternate, or for the office of United 
22States Senator or Representative in Congress, shall file with 
23his nomination petition his affidavit stating--(a) his 
24residence, with street and number, if any, and his post-office 
25address; (b) his election district, giving city, borough, town 
26or township; (c) the name of the office for which he consents to 
27be a candidate; (d) that he is eligible for such office; (e) 
28that he will not knowingly violate any provision of this act, or 
29of any law regulating and limiting nomination and election 
30expenses and prohibiting corrupt practices in connection
 

1therewith; (f) unless he is a candidate for judge of a court of 
2common pleas, the Philadelphia Municipal Court or the Traffic 
3Court of Philadelphia, [or for the office of school director in 
4a district where that office is elective] or for the office of 
5[justice of the peace] magisterial district judge that he is not 
6a candidate for nomination for the same office of any party 
7other than the one designated in such petition; (g) if he is a 
8candidate for a delegate, or alternate delegate, member of State 
9committee, National committee or party officer, that he is a 
10registered and enrolled member of the designated party; (h) if 
11he is a candidate for delegate or alternate delegate the 
12presidential candidate to whom he is committed or the term 
13"uncommitted"; (i) that he is aware of the provisions of section 
141626 of this act requiring pre-election and post-election 
15reporting of campaign contributions and expenditures; and (j) 
16that he is not a candidate for an office which he already holds, 
17the term of which is not set to expire in the same year as the 
18office subject to the affidavit. In cases of petitions for 
19delegate and alternate delegate to National conventions, the 
20candidate's affidavit shall state that his signature to the 
21delegate's statement, as hereinafter set forth, if such 
22statement is signed by said candidate, was affixed to the sheet 
23or sheets of said petition prior to the circulation of same. In 
24the case of a candidate for nomination as President of the 
25United States, it shall not be necessary for such candidate to 
26file the affidavit required in this section to be filed by 
27candidates, but the post-office address of such candidate shall 
28be stated in such nomination petition.

29Section 5. Section 976 of the act, amended July 28, 1941
30(P.L.526, No.213) and February 19, 1986 (P.L.29, No.11) and

1repealed in part April 28, 1978 (P.L.202, No.53), is amended to
2read:

3Section 976. Examination of Nomination Petitions,
4Certificates and Papers; Return of Rejected Nomination
5Petitions, Certificates and Papers.--When any nomination
6petition, nomination certificate or nomination paper is
7presented in the office of the Secretary of the Commonwealth or
8of any county board of elections for filing within the period
9limited by this act, it shall be the duty of the said officer or
10board to examine the same. No nomination petition, nomination
11paper or nomination certificate shall be permitted to be filed
12if--(a) it contains material errors or defects apparent on the
13face thereof, or on the face of the appended or accompanying
14affidavits; or (b) it contains material alterations made after
15signing without the consent of the signers; or (c) it does not
16contain a sufficient number of signatures as required by law;
17Provided, however, That the Secretary of the Commonwealth or the
18county board of elections, although not hereby required so to
19do, may question the genuineness of any signature or signatures
20appearing thereon, and if he or it shall thereupon find that any
21such signature or signatures are not genuine, such signature or
22signatures shall be disregarded in determining whether the
23nomination petition, nomination paper or nomination certificate
24contains a sufficient number of signatures as required by law;
25or (d) in the case of nomination petitions, if nomination
26petitions have been filed for printing the name of the same
27person for the same office, except the office of judge of a
28court of common pleas, the Philadelphia Municipal Court or the
29Traffic Court of Philadelphia, [or the office of school director
30in districts where that office is elective] or the office of

1[justice of the peace] magisterial district judge upon the
2official ballot of more than one political party; or (e) in the
3case of nomination papers, if the candidate named therein has
4filed a nomination petition for any public office for the
5ensuing primary, or has been nominated for any such office by
6nomination papers previously filed; or (f) if the nomination
7petitions or papers are not accompanied by the filing fee or
8certified check required for said office; or (g) in the case of
9nomination papers, the appellation set forth therein is
10identical with or deceptively similar to the words used by any
11existing party or by any political body which has already filed
12nomination papers for the same office, or if the appellation set
13forth therein contains part of the name, or an abbreviation of
14the name or part of the name of an existing political party, or
15of a political body which has already filed nomination papers
16for the same office. The invalidity of any sheet of a nomination
17petition or nomination paper shall not affect the validity of
18such petition or paper if a sufficient petition or paper remains
19after eliminating such invalid sheet. The action of said officer
20or board in refusing to receive and file any such nomination
21petition, certificate or paper, may be reviewed by the court
22upon an application to compel its reception as of the date when
23it was presented to the office of such officer or board:
24Provided, however, That said officer or board shall be entitled
25to a reasonable time in which to examine any petitions,
26certificates or papers, and to summon and interrogate the
27candidates named therein, or the persons presenting said
28petitions, certificates or papers, and his or their retention of
29same for the purpose of making such examination or interrogation
30shall not be construed as an acceptance or filing.

1Upon completion of any examination, if any nomination
2petition, certificate or paper is found to be defective, it
3shall forthwith be rejected and returned to the candidate or one
4of the candidates named therein, together with a statement of
5the reasons for such rejection:

6Provided further, That no nomination petition, nomination
7paper or nomination certificate shall be permitted to be filed,
8if the political party or political body referred to therein
9shall be composed of a group of electors whose purposes or aims,
10or one of whose purposes or aims, is the establishment, control,
11conduct, seizure or overthrow of the Government of the
12Commonwealth of Pennsylvania or the United States of America by
13the use of force, violence, military measure or threats of one
14or more of the foregoing. The authority to reject such
15nomination petition, paper or certificate for this reason shall,
16when filed with the Secretary of the Commonwealth, be vested in
17a committee composed of the Governor, the Attorney General and
18the Secretary of the Commonwealth, and when filed with any
19county board of elections shall be vested in such board. If in
20such case the committee or board, as the case may be, shall
21conclude that the acceptance of such nomination petition, paper
22or certificate should be refused, it shall within two days of
23the filing of such nomination petition, paper or certificate fix
24a place and a time five days in advance for hearing the matter,
25and notice thereof shall be given to all parties affected
26thereby. At the time and place so fixed the committee or board,
27as the case may be, shall hear testimony, but shall not be bound
28by technical rules of evidence. The testimony presented shall be
29stenographically recorded and made a part of the record of the
30committee or board. Within two days after such hearing the

1committee or board, if satisfied upon competent evidence that
2the said nomination petition, paper or certificate is not
3entitled to be accepted and filed, it shall announce its
4decision and immediately notify the parties affected thereby.
5Failure to announce decision within two days after such hearing
6shall be conclusive that such nomination petition, paper or
7certificate has been accepted and filed. The decision of said
8committee or board in refusing to accept and file such
9nomination petition, paper or certificate may be reviewed by the
10court upon an application to compel its reception as of the date
11when presented to the Secretary of the Commonwealth or such
12board. The application shall be made within two days of the time
13when such decision is announced. If the application is properly
14made, any judge of said court may fix a time and place for
15hearing the matter in dispute, of which notice shall be served
16with a copy of said application upon the Secretary of the
17Commonwealth or the county board of elections, as the case may
18be. At the time so fixed, the court, or any judge thereof
19assigned for the purpose, shall hear the case de novo. If after
20such hearing the said court shall find that the decision of the
21committee or the board was erroneous, it shall issue its mandate
22to the committee or board to correct its decision and to accept
23and file the nomination paper, petition or certificate. From any
24decision of the court an appeal may be taken within two days
25after the entry thereof. It shall be the duty of the said court
26to fix the hearing and to announce its decision within such
27period of time as will permit the Secretary of the Commonwealth
28or the county board of elections to permit the names of the
29candidates affected by the court's decision to be printed on the
30ballot, if the court should so determine.

1Section 6. Section 978.1 of the act, amended August 13, 1963
2(P.L.707, No.379) and repealed in part April 28, 1978 (P.L.202,
3No.53), is amended to read:

4Section 978.1. Vacancy in Party Nomination by Failure to Pay
5Filing Fee or for Failure to File Loyalty Oath.--Every person
6nominated at any primary election as the candidate of any
7political party for any office, other than a borough, town,
8township, school district or poor district office, or the office
9of [justice of the peace] magisterial district judge, or
10constable, who has not paid the filing fee required by section
11nine hundred thirteen of this act, as amended, for the filing of
12a nomination petition for such office, or who has not filed the
13loyalty oath required by section 14, act of December 22, 1951
14(P.L.1726), known as the "Pennsylvania Loyalty Act," as last
15amended June 19, 1961 (P.L.446), shall pay the amount of such
16fee to and file such oath with the Secretary of the
17Commonwealth, or the county board of elections, as the case may
18be, at least eighty-five (85) days previous to the day of the
19general or municipal election at which such candidate's name
20would appear on the ballot. Failure to pay such fee or file such
21oath within the time herein prescribed shall result in a vacancy
22in such party nomination. Such vacancy shall be filled in the
23manner hereinafter provided for the filling of such vacancies
24happening by reason of the death or withdrawal of any candidate.

25Section 7. Section 981.1 of the act, amended May 12, 2006
26(P.L.178, No.45), is amended to read:

27Section 981.1. Affidavits of Candidates.--Each candidate for
28any State, county, city, borough, incorporated town, township,
29ward, school district, poor district or election district
30office, or for the office of United States Senator or

1Representative in Congress, selected as provided in sections 979
2and 980 of this act, shall file with the substituted nomination
3certificate an affidavit stating--(a) his residence, with street
4and number, if any, and his post-office address; (b) his
5election district, giving city, borough, town or township; (c)
6the name of the office for which he consents to be a candidate;
7(d) that he is eligible for such office; (e) that he will not
8knowingly violate any provision of this act, or of any law
9regulating and limiting election expenses and prohibiting
10corrupt practices in connection therewith; (f) unless he is a
11candidate for judge of a court of common pleas, the Philadelphia
12Municipal Court or the Traffic Court of Philadelphia[, or for
13the office of school board in a district where that office is
14elective] or for the office of [justice of the peace<-] 
15magisterial district judge, that he is not a candidate for the
16same office of any party or political body other than the one
17designated in such certificate; (g) that he is aware of the
18provisions of section 1626 of this act requiring election and
19post-election reporting of campaign contributions and
20expenditures; and (h) that he is not a candidate for an office
21which he already holds, the term of which is not set to expire
22in the same year as the office subject to the affidavit.

23Section 8<-. Section 993(a) and (b) of the act, amended August
2413, 1963 (P.L.707, No.379) and February 19, 1986 (P.L.29,
25No.11), are amended to read:

26Section 993. Filling of Certain Vacancies in Public Office
27by Means of Nomination Certificates and Nomination Papers.--(a)
28In all cases where a vacancy shall occur for any cause in an
29elective public office, including that of judge of a court of
30record, at a time when such vacancy is required by the

1provisions of the Constitution or the laws of this Commonwealth
2to be filled at the ensuing election but at a time when
3nominations for such office cannot be made under any other
4provision of this act, nominations to fill such vacancies shall
5be made by political parties in accordance with party rules
6relating to the filling of vacancies by means of nomination
7certificates in the form prescribed in section nine hundred
8ninety-four of this act, and by political bodies by means of
9nomination papers in accordance with the provisions of sections
10nine hundred fifty-one, nine hundred fifty-two and nine hundred
11fifty-four of this act. No such nomination certificate shall
12nominate any person who has already been nominated by any other
13political party or by any political body for the same office
14unless such person is a candidate for the office of judge of a
15court of common pleas, the Philadelphia Municipal Court or the
16Traffic Court of Philadelphia, [or for the office of school
17director in districts where that office is elective] or for the
18office of [justice of the peace] magisterial district judge. No
19such nomination papers shall nominate any person who has already
20been nominated by any political party or by any other political
21body for any office to be filled at the ensuing November
22election, unless such person is a candidate for the office of
23judge of a court of common pleas, the Philadelphia Municipal
24Court or the Traffic Court of Philadelphia, or for the office of
25school director in districts where that office is elective or
26for the office of [justice of the peace] magisterial district 
27judge.

28(b) Said nomination certificates and nomination papers for
29State public offices and judges of courts of records shall be
30filed in the office of the Secretary of the Commonwealth at

1least fifty (50) days prior to a general or municipal election,
2as the case may be. Nomination certificates and nomination
3papers for public offices in counties, cities, boroughs, towns,
4townships, wards and school districts and for the offices of
5aldermen and [justices of the peace] magisterial district judges
6shall be filed in the office of the county board of elections at
7least fifty (50) days prior to a municipal election.

8* * *

9Section 9. Sections 998(a) and (b) and 1004 of the act,
10amended February 19, 1986 (P.L.29, No.11), are amended to read:

11Section 998. Substituted Nominations to Fill Certain
12Vacancies for a November Election.--(a) Any vacancy happening
13or existing in any party nomination made in accordance with the
14provisions of section nine hundred ninety-three of this act for
15a November election by reason of the death or withdrawal of any
16candidate may be filled by a substituted nomination made by such
17committee as is authorized by the rules of the party to make
18nominations in the event of vacancies on the party ticket, in
19the form prescribed by section nine hundred ninety-four of this
20act. But no substituted nomination certificate shall nominate
21any person who has already been nominated by any other political
22party or by any political body for the same office, unless such
23person is a candidate for the office of judge of a court of
24common pleas, the Philadelphia Municipal Court or the Traffic
25Court of Philadelphia, [or for the office of school director in
26districts where that office is elective] or for the office of
27[justice of the peace] magisterial district judge.

28(b) In case of the death or withdrawal of any candidate
29nominated by a political body for an election, the committee
30named in the original nomination papers may nominate a

1substitute in his place by filing a substituted nomination
2certificate in the form and manner prescribed by section nine
3hundred eighty of this act. In the case of a vacancy caused by
4the death of any candidate, said nomination certificate shall be
5accompanied by a death certificate properly certified. No
6substituted nomination certificate shall nominate any person who
7has already been nominated by any political party or by any
8other political body for any office to be filled at the ensuing
9November election, unless such person is a candidate for the
10office of judge of a court of common pleas, the Philadelphia
11Municipal Court or the Traffic Court of Philadelphia, [or for
12the office of school director in districts where that office is
13elective] or for the office of [justice of the peace]
14magisterial district judge.

15* * *

16Section 1004. Form of Ballots; Printing Ballots; Stubs;
17Numbers.--From the lists furnished by the Secretary of the
18Commonwealth under the provisions of sections 915 and 984, and
19from petitions and papers filed in their office, the county
20election board shall print the official primary and election
21ballots in accordance with the provisions of this act: Provided,
22however, That in no event, shall the name of any person
23consenting to be a candidate for nomination for any one office,
24except the office of judge of a court of common pleas, the
25Philadelphia Municipal Court or the Traffic Court of
26Philadelphia, [or the office of school director in districts
27where that office is elective] or the office of [justice of the
28peace] magisterial district judge be printed as a candidate for
29such office upon the official primary ballot of more than one
30party. All ballots for use in the same election district at any

1primary or election shall be alike. They shall be at least six
2inches long and four inches wide, and shall have a margin
3extending beyond any printing thereon. They shall be printed
4with the same kind of type (which shall not be smaller than the
5size known as "brevier" or "eight point body") upon white paper
6of uniform quality, without any impression or mark to
7distinguish one from another, and with sufficient thickness to
8prevent the printed matter from showing through. Each ballot
9shall be attached to a stub, and all the ballots for the same
10election district shall be bound together in books of fifty, in
11such manner that each ballot may be detached from its stub and
12removed separately. The ballots for each party to be used at a
13primary shall be bound separately. The stubs of the ballots
14shall be consecutively numbered, and in the case of primary
15ballots, the number shall be preceded by an initial or
16abbreviation designating the party name. The number and initial
17or abbreviation which appears upon the stub shall also be
18printed in the upper right hand corner of the back of the
19ballot, separated from the remainder of the ballot by a diagonal
20perforated line so prepared that the upper right hand corner of
21the back of the ballot containing the number may be detached
22from the ballot before it is deposited in the ballot box and
23beside that corner shall also be printed, "Remove numbered stub
24immediately before depositing your ballot in ballot box."

25Section 10. Section 1405 of the act, amended December 22,
261971 (P.L.613, No.165), is amended to read:

27Section 1405. Manner of Computing Irregular Ballots.--The
28county board, in computing the votes cast at any primary or
29election, shall compute and certify votes cast on irregular
30ballots exactly as such names were written, stamped, affixed to

1the ballot by sticker, or deposited or affixed in or on
2receptacles for that purpose, and as they have been so returned
3by the election officers. In the primary the Secretary of the
4Commonwealth shall not certify the votes cast on irregular
5ballots for any person for a National office including that of
6the President of the United States, United States Senator and
7Representative in Congress; or for any State office including
8that of Governor and Lieutenant Governor, Auditor General, State
9Treasurer, Senator and Representative in the General Assembly,
10justices and judges of courts of record or for any party office
11including that of delegate or alternate delegate to National
12conventions and member of State committee unless the total
13number of votes cast for said person is equal to or greater than
14the number of signatures required on a nomination petition for
15the particular office. In the primary the county board shall not
16certify the votes cast on irregular ballots for any person for a
17[justice of the peace] magisterial district judge, constable,
18National, State, county, city, borough, town, township, ward,
19school district, election or local party office unless the total
20number of votes cast for said person is equal to or greater than
21the number of signatures required on a nomination petition for
22the particular office.

23Section 2<- 11. This act shall take effect in 60 days.