| PRINTER'S NO. 141 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 195 | Session of 2013 |
INTRODUCED BY FOLMER, TEPLITZ, FERLO, BOSCOLA AND BAKER, JANUARY 17, 2013
REFERRED TO STATE GOVERNMENT, JANUARY 17, 2013
AN ACT
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 party organization, further providing for
12definition of political parties and political bodies; and, in
13nomination of candidates, further providing for nominations
14by minor political parties and for nominations by political
15bodies.
16The General Assembly finds and declares as follows:
17(1) The Commonwealth's election laws hinder the entry
18into the electoral process of independent candidates, thereby
19limiting the electoral choices available to voters of this
20Commonwealth.
21(2) The political system of the Commonwealth should be
22electorally inclusive in order to promote the broadest range
23of issue discussion and candidate selection.
24(3) Enhanced ballot access for all candidates will
1ensure a more democratic election process.
2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:
4Section 1. Section 801(a) of the act of June 3, 1937 (P.L.
51333, No.320), known as the Pennsylvania Election Code, amended
6December 22, 1971 (P.L.613, No.165), is amended to read:
7Section 801. Definition of Political Parties and Political
8Bodies.--
9(a) Any party or political body, one of whose candidates at
10the general election next preceding the primary polled in each
11of at least ten counties of the State not less than two per
12centum of the largest entire vote cast in each of said counties
13for any elected candidate, and polled a total vote in the State
14equal to at least two per centum of the largest entire vote cast
15in the State for any elected candidate, or that has twenty-one
16days prior to the date of the primary election, registered in
17the name of that party a number of voters equal to at least five
18one-hundredths of one per centum of the total number of voters
19registered in the entire State as of December 31 of the year
20immediately preceding the primary election is hereby declared to
21be a political party within the State, and shall nominate all
22its candidates for any of the offices provided for in this act,
23and shall elect its delegates and alternate delegates to the
24National convention as party rules provide. State committee
25members, and also such party officers, including members of the
26National committee, as its rules provide, shall be elected by a
27vote of the party electors, in accordance with the provisions of
28this act and party rules.
29* * *
30Section 2. Section 912.2(a) and (b) of the act, added
1February 19, 1986 (P.L.29, No.11), are amended to read:
2Section 912.2. Nominations by Minor Political Parties.--(a)
3Notwithstanding any other provision in this act to the contrary,
4minor political parties shall nominate all of their candidates
5for the offices to be filled at the ensuing November election
6pursuant to section 903 in accordance with the [requirements of
7section 951, other than subsection (e)(6) and (7) thereof, and
8section 954, and shall obtain the required signatures during the
9same time frame available to political bodies.] provisions of
10this act and the minor political party rules, and shall notify
11the Secretary of the Commonwealth in writing of the candidates
12at least eight weeks in advance of the municipal or general
13election. Minor political parties shall be subject to the
14provisions of this act applicable to political parties with
15respect to special elections, voter registration forms,
16substituted nominations and all other purposes except as
17otherwise expressly provided in this section. "Minor political
18party" shall mean a political party as defined in section 801(a)
19or (b) whose State-wide registration is less than fifteen per
20centum of the combined State-wide registration for all State-
21wide political parties as of the close of the registration
22period immediately preceding the most recent November election.
23The Secretary of the Commonwealth shall prescribe forms or, if
24there is insufficient time, make appropriate conforming changes
25in existing forms to carry out the purposes of this section.
26[(b) All nomination papers circulated and filed pursuant to
27this section shall specify--(1) the name or appellation of the
28minor political party which the candidates nominated thereby
29represent and, in the case of electors for President and Vice
30President of the United States, the names of the candidates for
1President and Vice President of such minor political party; (2)
2the name of each candidate nominated therein, his profession,
3business or occupation, if any, and his place of residence with
4street and number, if any; and (3) the office for which such
5candidate is nominated. No words shall be used in any nomination
6paper to designate the name or appellation of the minor
7political party represented by the candidate's name in such
8nomination paper which are identical with or deceptively similar
9to the words used for a like purpose by any minor political
10party which has already filed nomination papers for the same
11office. Any petition to set aside a nomination paper on account
12of the name or appellation used therein, or involving the right
13of the signers thereof to use such name or appellation, or on
14any other account, shall be decided as in the case of other
15petitions to set aside nomination papers, in the manner provided
16by this article.]
17* * *
18Section 3. Section 951(b) of the act, amended December 22,
191971 (P.L.613, No.165), is amended to read:
20Section 951. Nominations by Political Bodies.--* * *
21(b) Where the nomination is for any office to be filled by
22the electors of the State at large, the number of qualified
23electors of the State signing such nomination paper shall be at
24least equal to [two per centum of the largest entire vote cast
25for any elected candidate in the State at large at the last
26preceding election at which State-wide candidates were voted
27for. In the case of all other nominations, the number of
28qualified electors of the electoral district signing such
29nomination papers shall be at least equal to two per centum of
30the largest entire vote cast for any officer, except a judge of
1a court of record, elected at the last preceding election in
2said electoral district for which said nomination papers are to
3be filed, and shall be not less than the number of signers
4required for nomination petitions for party candidates for the
5same office. In cases where a new electoral district shall have
6been created, the number of qualified electors signing such
7nomination papers, for candidates to be elected at the first
8election held after the creation of such district, shall be at
9least equal to two per centum of the largest vote cast in the
10several election districts, which are included in the district
11newly created, for any officer elected in the last preceding
12election.] the number of signers required under section 912.1.
13* * *
14Section 4. This act shall take effect immediately.