PRINTER'S NO. 362
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
378
Session of
2019
INTRODUCED BY BOSCOLA, COSTA, BREWSTER, DINNIMAN AND HAYWOOD,
MARCH 4, 2019
REFERRED TO STATE GOVERNMENT, MARCH 4, 2019
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 dates of elections and primaries and special
elections, further providing for special elections for
Senator and Representative in the General Assembly.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 628 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is amended to
read:
Section 628. Special Elections for Senator and
Representative in the General Assembly.--Whenever a vacancy
shall occur in either house of the General Assembly whether or
not it then be in session, the presiding officer of such house
shall, within ten (10) days after the happening of the vacancy,
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issue a writ of election to the proper county board or boards of
election and to the Secretary of the Commonwealth, for a special
election to fill said vacancy, which election shall be held at
the next ensuing primary, municipal or general election
scheduled at least sixty (60) days after the issuance of the
writ [or such other earlier date which is at least sixty (60)
days following the issuance of the writ as the presiding officer
may deem appropriate: Provided, however, That should the
Governor after the issuance of the said writ of election advise
the presiding officer that the General Assembly will be called
into extraordinary session prior to the date set for such
special election, the presiding officer may countermand the writ
theretofore issued and shall issue a new writ of election,
fixing therein such earlier date therefor as is deemed
expedient, but which shall not be less than sixty (60) days
after the issuance of said writ: Provided further,]: Provided,
however, That if the vacancy shall occur less than seven (7)
months prior to the expiration of the term, a special election
shall be held only if in the opinion of the presiding officer
the election is in the public interest.
Section 2. This act shall take effect in 60 days.
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