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," further providing for qualifications for elected
12State office.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 102 of the act of June 3, 1937 (P.L.1333,
16No.320), known as the Pennsylvania Election Code, is amended by
17adding subsections to read:

18Section 102. Definitions.--The following words, when used in
19this act, shall have the following meanings, unless otherwise
20clearly apparent from the context:

21***

22(z.6) The words "controlled substance" shall mean a drug,

1substance or immediate precursor included in Schedules I through
2V of section 4 of the act of April 14, 1972 (P.L.233, No.64),
3known as "The Controlled Substance, Drug, Device and Cosmetic
4Act."

5(z.7) The words "testing laboratory" shall mean a laboratory
6that is certified by the United States Department of Health and
7Human Services to conduct drug and specimen validity tests on
8urine specimens for Federal agencies.

9Section 2. Sections 630.1, 910 and 951(e) of the act,
10amended May 12, 2006 (P.L.178, No.45), are amended to read:

11Section 630.1. Affidavits of Candidates.-- Each candidate
12for any State, county, city, borough, incorporated town,
13township, school district or poor district office, or for the
14office of United States Senator or Representative in Congress,
15selected as provided in section 630 of this act, shall file with
16the nomination certificate an affidavit stating--(a) his
17residence, with street and number, if any, and his post-office
18address; (b) his election district, giving city, borough, town
19or township; (c) the name of the office for which he consents to
20be a candidate; (d) that he is eligible for such office; (e)
21that he will not knowingly violate any provision of this act, or
22of any law regulating and limiting election expenses and
23prohibiting corrupt practices in connection therewith; (f)
24unless he is a candidate for judge of a court of common pleas,
25the Philadelphia Municipal Court or the Traffic Court of
26Philadelphia, or for the office of school board in a district
27where that office is elective or for the office of justice of
28the peace, that he is not a candidate for the same office of any
29party or political body other than the one designated in such
30certificate; (g) that he is aware of the provisions of section

11626 of this act requiring election and post-election reporting
2of campaign contributions and expenditures; [and] (h) that he is
3not a candidate for an office which he already holds, the term
4of which is not set to expire in the same year as the office
5subject to the affidavit[.]; and (i) in the case of a candidate 
6for State office, that the candidate has undergone controlled 
7substance testing conducted by a testing laboratory no more than
8thirty (30) days prior to the deadline for filing the affidavit 
9and that the controlled substance testing report indicates that 
10the candidate has not used a controlled substance without a 
11prescription from a physician. Each candidate for State office 
12who submits an affidavit under this section shall append to the 
13affidavit the controlled substance testing report.

14Section 910. Affidavits of Candidates.--Each candidate for
15any State, county, city, borough, incorporated town, township,
16ward, school district, poor district, election district, party
17office, party delegate or alternate, or for the office of United
18States Senator or Representative in Congress, shall file with
19his nomination petition his affidavit stating--(a) his
20residence, with street and number, if any, and his post-office
21address; (b) his election district, giving city, borough, town
22or township; (c) the name of the office for which he consents to
23be a candidate; (d) that he is eligible for such office; (e)
24that he will not knowingly violate any provision of this act, or
25of any law regulating and limiting nomination and election
26expenses and prohibiting corrupt practices in connection
27therewith; (f) unless he is a candidate for judge of a court of
28common pleas, the Philadelphia Municipal Court or the Traffic
29Court of Philadelphia, or for the office of school director in a
30district where that office is elective or for the office of

1justice of the peace that he is not a candidate for nomination
2for the same office of any party other than the one designated
3in such petition; (g) if he is a candidate for a delegate, or
4alternate delegate, member of State committee, National
5committee or party officer, that he is a registered and enrolled
6member of the designated party; (h) if he is a candidate for
7delegate or alternate delegate the presidential candidate to
8whom he is committed or the term "uncommitted"; (i) that he is
9aware of the provisions of section 1626 of this act requiring
10pre-election and post-election reporting of campaign
11contributions and expenditures; [and] (j) that he is not a
12candidate for an office which he already holds, the term of
13which is not set to expire in the same year as the office
14subject to the affidavit[.]; and (k) in the case of a candidate 
15for State office, that the candidate has undergone controlled 
16substance testing conducted by a testing laboratory no more than 
17thirty (30) days prior to the deadline for filing the affidavit 
18and that the controlled substance testing report indicates that 
19the candidate has not used a controlled substance without a 
20prescription from a physician. Each candidate for State office 
21who submits an affidavit under this section shall append to the 
22affidavit the controlled substance testing report. In cases of
23petitions for delegate and alternate delegate to National
24conventions, the candidate's affidavit shall state that his
25signature to the delegate's statement, as hereinafter set forth,
26if such statement is signed by said candidate, was affixed to
27the sheet or sheets of said petition prior to the circulation of
28same. In the case of a candidate for nomination as President of
29the United States, it shall not be necessary for such candidate
30to file the affidavit required in this section to be filed by

1candidates, but the post-office address of such candidate shall
2be stated in such nomination petition.

3Section 951. Nominations by Political Bodies.--* * *

4(e) There shall be appended to each nomination paper offered
5for filing an affidavit of each candidate nominated therein,
6stating--(1) the election district in which he resides; (2) the
7name of the office for which he consents to be a candidate; (3)
8that he is eligible for such office; (4) that he will not
9knowingly violate any provision of this act, or of any law
10regulating and limiting election expenses, and prohibiting
11corrupt practices in connection therewith; (5) that his name has
12not been presented as a candidate by nomination petitions for
13any public office to be voted for at the ensuing primary
14election, nor has he been nominated by any other nomination
15papers filed for any such office; (6) that in the case where he
16is a candidate for election at a general or municipal election,
17he was not a registered and enrolled member of a party thirty
18(30) days before the primary held prior to the general or
19municipal election in that same year; (7) that, in the case
20where he is a candidate for election at a special election, he
21is not a registered and enrolled member of a party; [and] (8)
22that he is not a candidate for an office which he already holds,
23the term of which is not set to expire in the same year as the
24office subject to the affidavit[.]; and (9) in the case of a 
25candidate for State office, that the candidate has undergone 
26controlled substance testing conducted by a testing laboratory 
27no more than thirty (30) days prior to the deadline for filing 
28the affidavit and that the controlled substance testing report 
29indicates that the candidate has not used a controlled substance 
30without a prescription from a physician. Each candidate for
 

1State office who submits an affidavit under this section shall 
2append to the affidavit the controlled substance testing report.

3Section 3. Section 976 first paragraph of the act, amended
4February 19, 1986 (P.L.29, No.11), is amended to read:

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

1Traffic Court of Philadelphia, or the office of school director
2in districts where that office is elective or the office of
3justice of the peace upon the official ballot of more than one
4political party; or (e) in the case of nomination papers, if the
5candidate named therein has filed a nomination petition for any
6public office for the ensuing primary, or has been nominated for
7any such office by nomination papers previously filed; or (f) if
8the nomination petitions or papers are not accompanied by the
9filing fee or certified check required for said office; or (g)
10in the case of nomination papers, the appellation set forth
11therein is identical with or deceptively similar to the words
12used by any existing party or by any political body which has
13already filed nomination papers for the same office, or if the
14appellation set forth therein contains part of the name, or an
15abbreviation of the name or part of the name of an existing
16political party, or of a political body which has already filed
17nomination papers for the same office; or (h) in the case of a 
18candidate for State office, if the nomination petitions, papers 
19or certificates are not accompanied by a controlled substance 
20testing report, as required under sections 630.1, 910, 951 and 
21981.1. The invalidity of any sheet of a nomination petition or
22nomination paper shall not affect the validity of such petition
23or paper if a sufficient petition or paper remains after
24eliminating such invalid sheet. The action of said officer or
25board in refusing to receive and file any such nomination
26petition, certificate or paper, may be reviewed by the court
27upon an application to compel its reception as of the date when
28it was presented to the office of such officer or board:
29Provided, however, That said officer or board shall be entitled
30to a reasonable time in which to examine any petitions,

1certificates or papers, and to summon and interrogate the
2candidates named therein, or the persons presenting said
3petitions, certificates or papers, and his or their retention of
4same for the purpose of making such examination or interrogation
5shall not be construed as an acceptance or filing.

6* * *

7Section 4. Section 981.1 of the act, amended May 12, 2006
8(P.L.178, No.45), is amended to read:

9Section 981.1. Affidavits of Candidates.-- Each candidate
10for any State, county, city, borough, incorporated town,
11township, ward, school district, poor district or election
12district office, or for the office of United States Senator or
13Representative in Congress, selected as provided in sections 979
14and 980 of this act, shall file with the substituted nomination
15certificate an affidavit stating--(a) his residence, with street
16and number, if any, and his post-office address; (b) his
17election district, giving city, borough, town or township; (c)
18the name of the office for which he consents to be a candidate;
19(d) that he is eligible for such office; (e) that he will not
20knowingly violate any provision of this act, or of any law
21regulating and limiting election expenses and prohibiting
22corrupt practices in connection therewith; (f) unless he is a
23candidate for judge of a court of common pleas, the Philadelphia
24Municipal Court or the Traffic Court of Philadelphia, or for the
25office of school board in a district where that office is
26elective or for the office of justice of the peace, that he is
27not a candidate for the same office of any party or political
28body other than the one designated in such certificate; (g) that
29he is aware of the provisions of section 1626 of this act
30requiring election and post-election reporting of campaign

1contributions and expenditures; [and] (h) that he is not a
2candidate for an office which he already holds, the term of
3which is not set to expire in the same year as the office
4subject to the affidavit[.]; and (i) in the case of a candidate 
5for State office, that the candidate has undergone controlled 
6substance testing conducted by a testing laboratory no more than 
7thirty (30) days prior to the deadline for filing the affidavit 
8and that the controlled substance testing report indicates that 
9the candidate has not used a controlled substance without a 
10prescription from a physician. Each candidate for State office 
11who submits an affidavit under this section shall append to the 
12affidavit the controlled substance testing report.

13Section 5. This act shall take effect in 60 days.