Regular Session 2021-2022 House Bill 2093 P.N. 2428

PRINTER'S NO. 2428

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2093

Session of

2021

INTRODUCED BY MUSTELLO, SMITH, STAMBAUGH, ROWE, LEWIS DELROSSO,

BERNSTINE, RYAN, JOZWIAK, M. MACKENZIE, HAMM, COX,

R. MACKENZIE, STAATS AND METCALFE, NOVEMBER 17, 2021

REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 17, 2021

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 nomination of candidates, further providing

for affidavits of candidates; and replacing references to

"justice of the peace" with "magisterial district judge."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 406, 630.1, 909, 910, 976, 978.1, 981.1,

993(a) and (b) and 998 (a) and (b) of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code, are

amended to read:

Section 406. Election Officers to Be Sworn.--All judges,

inspectors, clerks of election and machine inspectors shall,

before entering upon their duties at any primary or election, be

duly sworn in the presence of each other and of the watchers and

overseers, if any. The judge shall first be sworn by the

minority inspector or by a magistrate, alderman or [justice of

the peace] magisterial district judge, and the inspectors,

clerks and machine inspectors shall then be sworn by the judge.

Each of them shall forthwith sign in duplicate the oath taken by

him upon forms to be furnished by the county board, and the same

shall be attested by the officer who administered the oath.

Section 630.1. Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

school district or poor district office, or for the office of

United States Senator or Representative in Congress, selected as

provided in section 630 of this act, shall file with the

nomination certificate an affidavit stating--(a) his residence,

with street and number, if any, and his post-office address; (b)

his election district, giving city, borough, town or township;

candidate; (d) that he is eligible for such office; (e) that he

will not knowingly violate any provision of this act, or of any

law regulating and limiting election expenses and prohibiting

corrupt practices in connection therewith; (f) unless he is a

candidate for judge of a court of common pleas, the Philadelphia

Municipal Court or for the office of school board in a district

where that office is elective or for the office of [justice of

the peace] magisterial district judge, that he is not a

candidate for the same office of any party or political body

other than the one designated in such certificate; (g) that he

is aware of the provisions of section 1626 of this act requiring

election and post-election reporting of campaign contributions

and expenditures; and (h) that he is not a candidate for an

office which he already holds, the term of which is not set to

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expire in the same year as the office subject to the affidavit.

Section 909. Petition May Consist of Several Sheets;

Statement of Circulator.--Said nomination petition may be on one

or more sheets, and different sheets must be used for signers

resident in different counties. If more than one sheet is used,

they shall be bound together when offered for filing if they are

intended to constitute one petition, and each sheet shall be

numbered consecutively beginning with number one, at the foot of

each page. In cases of petitions for delegate or alternate

delegate to National conventions, each sheet shall contain a

notation indicating the presidential candidate to whom he is

committed or the term "uncommitted." Each sheet shall have

appended thereto the statement of the circulator of each sheet,

setting forth, subject to the penalties of 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities)--(a) that he

or she is a qualified elector of the Commonwealth, who is duly

registered and enrolled as a member of the party designated in

said petition, unless said petition relates to the nomination of

a candidate for a court of common pleas, for the Philadelphia

Municipal Court or for [justice of the peace] magisterial

district judge, in which event the circulator need not be a duly

registered and enrolled member of the designated party; (b) his

residence, giving city, borough or township, with street and

number, if any; (c) that the signers thereto signed with full

knowledge of the contents of the petition; (d) that their

respective residences are correctly stated therein; (e) that

they all reside in the county named in the statement; (f) that

each signed on the date set opposite his name; and (g) that, to

the best of the circulator's knowledge and belief, the signers

are qualified electors and duly registered and enrolled members

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of the designated party of the State, or of the political

district, as the case may be.

Section 910. Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

ward, school district, poor district, election district, party

office, party delegate or alternate, or for the office of United

States Senator or Representative in Congress, shall file with

his nomination petition his affidavit stating--(a) his

residence, with street and number, if any, and his post-office

address; (b) his election district, giving city, borough, town

or township; (c) the name of the office for which he consents to

be a candidate; (d) that he is eligible for such office; (e)

that he will not knowingly violate any provision of this act, or

of any law regulating and limiting nomination and election

expenses and prohibiting corrupt practices in connection

therewith; (f) unless he is a candidate for judge of a court of

common pleas, the Philadelphia Municipal Court or for the office

of school director in a district where that office is elective

or for the office of [justice of the peace] magisterial district

judge that he is not a candidate for nomination for the same

office of any party other than the one designated in such

petition; (g) if he is a candidate for a delegate, or alternate

delegate, member of State committee, National committee or party

officer, that he is a registered and enrolled member of the

designated party; (h) if he is a candidate for delegate or

alternate delegate the presidential candidate to whom he is

committed or the term "uncommitted"; (i) that he is aware of the

provisions of section 1626 of this act requiring pre-election

and post-election reporting of campaign contributions and

expenditures; and (j) that he is not a candidate for an office

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which he already holds, the term of which is not set to expire

in the same year as the office subject to the affidavit. In

cases of petitions for delegate and alternate delegate to

National conventions, the candidate's affidavit shall state that

his signature to the delegate's statement, as hereinafter set

forth, if such statement is signed by said candidate, was

affixed to the sheet or sheets of said petition prior to the

circulation of same. In the case of a candidate for nomination

as President of the United States, it shall not be necessary for

such candidate to file the affidavit required in this section to

be filed by candidates, but the post-office address of such

candidate shall be stated in such nomination petition.

Section 976. Examination of Nomination Petitions,

Certificates and Papers; Return of Rejected Nomination

Petitions, Certificates and Papers.--When any nomination

petition, nomination certificate or nomination paper is

presented in the office of the Secretary of the Commonwealth or

of any county board of elections for filing within the period

limited by this act, it shall be the duty of the said officer or

board to examine the same. No nomination petition, nomination

paper or nomination certificate shall be permitted to be filed

if--(a) it contains material errors or defects apparent on the

face thereof, or on the face of the appended or accompanying

affidavits; or (b) it contains material alterations made after

signing without the consent of the signers; or (c) it does not

contain a sufficient number of signatures as required by law;

Provided, however, That the Secretary of the Commonwealth or the

county board of elections, although not hereby required so to

do, may question the genuineness of any signature or signatures

appearing thereon, and if he or it shall thereupon find that any

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such signature or signatures are not genuine, such signature or

signatures shall be disregarded in determining whether the

nomination petition, nomination paper or nomination certificate

contains a sufficient number of signatures as required by law;

or (d) in the case of nomination petitions, if nomination

petitions have been filed for printing the name of the same

person for the same office, except the office of judge of a

court of common pleas, the Philadelphia Municipal Court or the

office of school director in districts where that office is

elective or the office of [justice of the peace] magisterial

district judge upon the official ballot of more than one

political party; or (e) in the case of nomination papers, if the

candidate named therein has filed a nomination petition for any

public office for the ensuing primary, or has been nominated for

any such office by nomination papers previously filed; or (f) if

the nomination petitions or papers are not accompanied by the

filing fee or certified check required for said office; or (g)

in the case of nomination papers, the appellation set forth

therein is identical with or deceptively similar to the words

used by any existing party or by any political body which has

already filed nomination papers for the same office, or if the

appellation set forth therein contains part of the name, or an

abbreviation of the name or part of the name of an existing

political party, or of a political body which has already filed

nomination papers for the same office. The invalidity of any

sheet of a nomination petition or nomination paper shall not

affect the validity of such petition or paper if a sufficient

petition or paper remains after eliminating such invalid sheet.

The action of said officer or board in refusing to receive and

file any such nomination petition, certificate or paper, may be

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reviewed by the court upon an application to compel its

reception as of the date when it was presented to the office of

such officer or board: Provided, however, That said officer or

board shall be entitled to a reasonable time in which to examine

any petitions, certificates or papers, and to summon and

interrogate the candidates named therein, or the persons

presenting said petitions, certificates or papers, and his or

their retention of same for the purpose of making such

examination or interrogation shall not be construed as an

acceptance or filing.

Upon completion of any examination, if any nomination

petition, certificate or paper is found to be defective, it

shall forthwith be rejected and returned to the candidate or one

of the candidates named therein, together with a statement of

the reasons for such rejection:

Provided further, That no nomination petition, nomination

paper or nomination certificate shall be permitted to be filed,

if the political party or political body referred to therein

shall be composed of a group of electors whose purposes or aims,

or one of whose purposes or aims, is the establishment, control,

conduct, seizure or overthrow of the Government of the

Commonwealth of Pennsylvania or the United States of America by

the use of force, violence, military measure or threats of one

or more of the foregoing. The authority to reject such

nomination petition, paper or certificate for this reason shall,

when filed with the Secretary of the Commonwealth, be vested in

a committee composed of the Governor, the Attorney General and

the Secretary of the Commonwealth, and when filed with any

county board of elections shall be vested in such board. If in

such case the committee or board, as the case may be, shall

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conclude that the acceptance of such nomination petition, paper

or certificate should be refused, it shall within two days of

the filing of such nomination petition, paper or certificate fix

a place and a time five days in advance for hearing the matter,

and notice thereof shall be given to all parties affected

thereby. At the time and place so fixed the committee or board,

as the case may be, shall hear testimony, but shall not be bound

by technical rules of evidence. The testimony presented shall be

stenographically recorded and made a part of the record of the

committee or board. Within two days after such hearing the

committee or board, if satisfied upon competent evidence that

the said nomination petition, paper or certificate is not

entitled to be accepted and filed, it shall announce its

decision and immediately notify the parties affected thereby.

Failure to announce decision within two days after such hearing

shall be conclusive that such nomination petition, paper or

certificate has been accepted and filed. The decision of said

committee or board in refusing to accept and file such

nomination petition, paper or certificate may be reviewed by the

court upon an application to compel its reception as of the date

when presented to the Secretary of the Commonwealth or such

board. The application shall be made within two days of the time

when such decision is announced. If the application is properly

made, any judge of said court may fix a time and place for

hearing the matter in dispute, of which notice shall be served

with a copy of said application upon the Secretary of the

Commonwealth or the county board of elections, as the case may

be. At the time so fixed, the court, or any judge thereof

assigned for the purpose, shall hear the case de novo. If after

such hearing the said court shall find that the decision of the

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committee or the board was erroneous, it shall issue its mandate

to the committee or board to correct its decision and to accept

and file the nomination paper, petition or certificate. From any

decision of the court an appeal may be taken within two days

after the entry thereof. It shall be the duty of the said court

to fix the hearing and to announce its decision within such

period of time as will permit the Secretary of the Commonwealth

or the county board of elections to permit the names of the

candidates affected by the court's decision to be printed on the

ballot, if the court should so determine.

Section 978.1. Vacancy in Party Nomination by Failure to Pay

Filing Fee or for Failure to File Loyalty Oath.--Every person

nominated at any primary election as the candidate of any

political party for any office, other than a borough, town,

township, school district or poor district office, or the office

of [justice of the peace] magisterial district judge, or

constable, who has not paid the filing fee required by section

nine hundred thirteen of this act, as amended, for the filing of

a nomination petition for such office, or who has not filed the

loyalty oath required by section 14, act of December 22, 1951

(P.L.1726), known as the "Pennsylvania Loyalty Act," as last

amended June 19, 1961 (P.L.446), shall pay the amount of such

fee to and file such oath with the Secretary of the

Commonwealth, or the county board of elections, as the case may

be, at least eighty-five (85) days previous to the day of the

general or municipal election at which such candidate's name

would appear on the ballot. Failure to pay such fee or file such

oath within the time herein prescribed shall result in a vacancy

in such party nomination. Such vacancy shall be filled in the

manner hereinafter provided for the filling of such vacancies

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happening by reason of the death or withdrawal of any candidate.

Section 981.1. Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

ward, school district, poor district or election district

office, or for the office of United States Senator or

Representative in Congress, selected as provided in sections 979

and 980 of this act, shall file with the substituted nomination

certificate an affidavit stating--(a) his residence, with street

and number, if any, and his post-office address; (b) his

election district, giving city, borough, town or township; (c)

the name of the office for which he consents to be a candidate;

(d) that he is eligible for such office; (e) that he will not

knowingly violate any provision of this act, or of any law

regulating and limiting election expenses and prohibiting

corrupt practices in connection therewith; (f) unless he is a

candidate for judge of a court of common pleas, the Philadelphia

Municipal Court [or for the office of school board in a district

where that office is elective] or for the office of [justice of

the peace] magisterial district judge, that he is not a

candidate for the same office of any party or political body

other than the one designated in such certificate; (g) that he

is aware of the provisions of section 1626 of this act requiring

election and post-election reporting of campaign contributions

and expenditures; and (h) that he is not a candidate for an

office which he already holds, the term of which is not set to

expire in the same year as the office subject to the affidavit.

Section 993. Filling of Certain Vacancies in Public Office

by Means of Nomination Certificates and Nomination Papers.--(a)

In all cases where a vacancy shall occur for any cause in an

elective public office, including that of judge of a court of

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record, at a time when such vacancy is required by the

provisions of the Constitution or the laws of this Commonwealth

to be filled at the ensuing election but at a time when

nominations for such office cannot be made under any other

provision of this act, nominations to fill such vacancies shall

be made by political parties in accordance with party rules

relating to the filling of vacancies by means of nomination

certificates in the form prescribed in section nine hundred

ninety-four of this act, and by political bodies by means of

nomination papers in accordance with the provisions of sections

nine hundred fifty-one, nine hundred fifty-two and nine hundred

fifty-four of this act. No such nomination certificate shall

nominate any person who has already been nominated by any other

political party or by any political body for the same office

unless such person is a candidate for the office of judge of a

court of common pleas, the Philadelphia Municipal Court or for

the office of school director in districts where that office is

elective or for the office of [justice of the peace] magisterial

district judge. No such nomination papers shall nominate any

person who has already been nominated by any political party or

by any other political body for any office to be filled at the

ensuing November election, unless such person is a candidate for

the office of judge of a court of common pleas, the Philadelphia

Municipal Court or for the office of school director in

districts where that office is elective or for the office of

[justice of the peace] magisterial district judge.

(b) Said nomination certificates and nomination papers for

State public offices and judges of courts of records shall be

filed in the office of the Secretary of the Commonwealth at

least fifty (50) days prior to a general or municipal election,

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as the case may be. Nomination certificates and nomination

papers for public offices in counties, cities, boroughs, towns,

townships, wards and school districts and for the offices of

aldermen and [justices of the peace] magisterial district judges

shall be filed in the office of the county board of elections at

least fifty (50) days prior to a municipal election.

* * *

Section 998. Substituted Nominations to Fill Certain

Vacancies for a November Election.--(a) Any vacancy happening

or existing in any party nomination made in accordance with the

provisions of section nine hundred ninety-three of this act for

a November election by reason of the death or withdrawal of any

candidate may be filled by a substituted nomination made by such

committee as is authorized by the rules of the party to make

nominations in the event of vacancies on the party ticket, in

the form prescribed by section nine hundred ninety-four of this

act. But no substituted nomination certificate shall nominate

any person who has already been nominated by any other political

party or by any political body for the same office, unless such

person is a candidate for the office of judge of a court of

common pleas, the Philadelphia Municipal Court or for the office

of school director in districts where that office is elective or

for the office of [justice of the peace] magisterial district

judge.

(b) In case of the death or withdrawal of any candidate

nominated by a political body for an election, the committee

named in the original nomination papers may nominate a

substitute in his place by filing a substituted nomination

certificate in the form and manner prescribed by section nine

hundred eighty of this act. In the case of a vacancy caused by

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the death of any candidate, said nomination certificate shall be

accompanied by a death certificate properly certified. No

substituted nomination certificate shall nominate any person who

has already been nominated by any political party or by any

other political body for any office to be filled at the ensuing

November election, unless such person is a candidate for the

office of judge of a court of common pleas, the Philadelphia

Municipal Court or for the office of school director in

districts where that office is elective or for the office of

[justice of the peace] magisterial district judge.

* * *

Section 2. Section 1004 of the act, amended March 27, 2020

(P.L.41, No.12), is amended to read:

Section 1004. Form of Ballots; Printing Ballots.--From the

lists furnished by the Secretary of the Commonwealth under the

provisions of sections 915 and 984, and from petitions and

papers filed in their office, the county election board shall

print the official primary and election ballots in accordance

with the provisions of this act: Provided, however, That in no

event, shall the name of any person consenting to be a candidate

for nomination for any one office, except the office of judge of

a court of common pleas, the Philadelphia Municipal Court or the

office of school director in districts where that office is

elective or the office of [justice of the peace] magisterial

district judge be printed as a candidate for such office upon

the official primary ballot of more than one party. All ballots

for use in the same election district at any primary or election

shall be alike.

Section 3. Section 1405 of the act is amended to read:

Section 1405. Manner of Computing Irregular Ballots.--The

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county board, in computing the votes cast at any primary or

election, shall compute and certify votes cast on irregular

ballots exactly as such names were written, stamped or deposited

in or on receptacles for that purpose, and as they have been so

returned by the election officers. In districts in which paper

ballots or ballot cards are electronically tabulated, stickers

or labels may not be used to mark ballots. A vote cast by means

of a sticker or label affixed to a ballot or ballot card shall

be void and may not be counted. In the primary the Secretary of

the Commonwealth shall not certify the votes cast on irregular

ballots for any person for a National office including that of

the President of the United States, United States Senator and

Representative in Congress; or for any State office including

that of Governor and Lieutenant Governor, Auditor General, State

Treasurer, Senator and Representative in the General Assembly,

justices and judges of courts of record or for any party office

including that of delegate or alternate delegate to National

conventions and member of State committee unless the total

number of votes cast for said person is equal to or greater than

the number of signatures required on a nomination petition for

the particular office. In the primary the county board shall not

certify the votes cast on irregular ballots for any person for a

[justice of the peace] magisterial district judge, constable,

National, State, county, city, borough, town, township, ward,

school district, election or local party office unless the total

number of votes cast for said person is equal to or greater than

the number of signatures required on a nomination petition for

the particular office.

Section 4. This act shall take effect in 60 days.

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