PRINTER'S NO. 30
No. 30 Session of 1975
INTRODUCED BY NOLAN, NOSZKA, MAZZEI AND SCANLON,
JANUARY 27, 1975
REFERRED TO RULES AND EXECUTIVE NOMINATIONS, JANUARY 27, 1975
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," adding additional provisions relating to
12 candidates' affidavits, revising the number of signatures
13 required on nomination petitions, eliminating filing fees,
14 and imposing certain duties on the Secretary of the
15 Commonwealth and county boards of elections in connection
16 therewith.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 906, act of June 3, 1937 (P.L.1333,
20 No.320), known as the "Pennsylvania Election Code," amended
21 August 13, 1963 (P.L.707, No.379), is amended to read:
22 Section 906. Publication of Notice of Officers to Be
23 Nominated and Elected.--Beginning not earlier than twelve weeks,
24 nor later than eleven weeks before any General or Municipal
25 primary, the county board of each county shall publish in
1 newspapers, as provided by section 106 of this act, a notice
2 setting forth the number of delegates and alternate delegates to
3 the National convention of each party who are to be elected in
4 the State at large at the ensuing primary, and the number of
5 delegates and alternate delegates who are to be elected at the
6 said primary in said county, or in any district of which said
7 county or part thereof forms a part, and also setting forth the
8 names of all public offices for which nominations are to be
9 made, and the names of all party offices, including that of
10 members of the National committee, if any, and State committee,
11 for which candidates are to be elected at said primary in said
12 county, or in any district of which such county or part thereof
13 forms a part, or in the State at large. Said notice shall
14 contain the date of the primary, the number of signatures
15 required on nomination petitions for all party offices required
16 to be elected at said primary and the number of signatures
17 required on nomination petitions for all public offices required
18 to be nominated at said primary, and shall be published once
19 each week for two successive weeks in counties of the first and
20 second class and once in all other counties.
21 Section 2. Section 910 of the act, amended June 27, 1974
22 (No.146), is amended to read:
23 Section 910. Affidavits of Candidates.--Each candidate for
24 any State, county, city, borough, incorporated town, township,
25 ward, school district, poor district, election district, party
26 office, party delegate or alternate, or for the office of United
27 States Senator or Representative in Congress, shall file with
28 his nomination petition his affidavit stating--(a) his
29 residence, with street and number, if any, and his post-office
30 address; (b) his election district, giving city, borough, town
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1 or township; (c) the name of the office for which he consents to
2 be a candidate; (d) the number of signatures required to file a
3 nomination petition for such office; (e) that he is eligible for
4 such office; [(e)] (f) that he will not knowingly violate any
5 provision of this act, or of any law regulating and limiting
6 nomination and election expenses and prohibiting corrupt
7 practices in connection therewith; [(f)] (g) unless he is a
8 candidate for judge of a court of record, or for the office of
9 school director in a district where that office is elective or
10 for the office of justice of the peace that he is not a
11 candidate for nomination for the same office of any party other
12 than the one designated in such petition; [(g)] (h) that his
13 name has not been presented as a candidate by nomination
14 petition for any other public office to be voted for at the
15 ensuing primary election; (i) if he is a candidate for a
16 delegate, or alternate delegate, member of State committee,
17 National committee or party officer, that he is a registered and
18 enrolled member of the designated party; and [(h)] (j) if he is
19 a candidate for delegate or alternate delegate the presidential
20 candidate to whom he is committed or the term "uncommitted." In
21 cases of petitions for delegate and alternate delegate to
22 National conventions, the candidate's affidavit shall state that
23 his signature to the delegate's statement, as hereinafter set
24 forth, if such statement is signed by said candidate, was
25 affixed to the sheet or sheets of said petition prior to the
26 circulation of same. In the case of a candidate for nomination
27 as President of the United States, it shall not be necessary for
28 such candidate to file the affidavit required in this section to
29 be filed by candidates, but the post-office address of such
30 candidate shall be stated in such nomination petition.
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1 Section 3. Section 912 of the act is repealed.
2 Section 4. The act is amended by adding a section to read:
3 Section 912.1. Number of Signers Required; Nomination
4 Petitions of Candidates at Primaries Shall Be Signed.--(a) If
5 for the office of President of the United States, or of United
6 States Senator, or for a State office to be filled by a vote of
7 the electors of the State at large, by at least one/tenth of one
8 per centum of the registered and enrolled members of the proper
9 party, in the State, based on the official party enrollment of
10 electors at the preceding November election, or by at least one
11 thousand registered and enrolled members of the proper party,
12 whichever number is the greater: Provided, That such signatures
13 shall include those of registered and enrolled members of the
14 proper party residing in each of at least ten counties of the
15 State: And provided further, That the number of signatures in
16 each such county shall be the equivalent to at least ten per
17 centum of the total number of signatures required for such
18 State-wide office.
19 (b) If for a public or party office to be filled by a vote
20 of the electors in counties of the first class at large, or for
21 a public or party office to be filled by a vote of the electors
22 in counties of the second class at large, or for a public or
23 party office to be filled by a vote of the electors in cities of
24 the first class at large, by at least one/fourth of one per
25 centum of the registered and enrolled members of the proper
26 party in the electoral district for which the nomination
27 petition is to be filed, based on the official party enrollment
28 at the preceding November election, or by at least one hundred
29 registered and enrolled members of the proper party in said
30 electoral district, whichever number is greater.
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1 (c) If for the office of judge of any court of record other
2 than a court whose judges are to be elected by a vote of the
3 electors of the State at large, by at least one/half of one per
4 centum of the registered and enrolled members of the proper
5 party in the judicial district for which the nomination petition
6 is to be filed, based on the official party enrollment at the
7 preceding November election, or by at least two hundred
8 registered and enrolled members of the proper party in said
9 judicial district, whichever number is greater.
10 (d) If for a public or party office to be filled by a vote
11 of the electors in counties of the second class A at large, or
12 for a public or party office to be filled by a vote of the
13 electors in cities of the second class at large, by at least
14 one/half of one per centum of the registered and enrolled
15 members of the proper party in the electoral district for which
16 the nomination petition is to be filed, based on the official
17 party enrollment at the preceding November election, or by at
18 least one hundred registered and enrolled members of the proper
19 party in said electoral district, whichever number is greater.
20 (e) If for the office of Representative in Congress, or of
21 delegate or alternate delegate to a National party convention,
22 other than delegate or alternate delegate at large, by at least
23 three quarters of one per centum of the registered and enrolled
24 members of the proper party in the Congressional district for
25 which the nomination petition is to be filed, based on the
26 official party enrollment at the preceding November election, or
27 by at least two hundred registered and enrolled members of the
28 proper party in said Congressional district, whichever number is
29 greater.
30 (f) If for a public or party office to be filled by a vote
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1 of the electors in counties of the third class at large, by at
2 least three quarters of one per centum of the registered and
3 enrolled members of the proper party in the electoral district
4 for which the nomination petition is to be filed, based on the
5 official party enrollment at the preceding November election, or
6 by at least one hundred registered and enrolled members of the
7 proper party in said electoral district, whichever number is
8 greater.
9 (g) If for the office of Senator in the General Assembly by
10 at least one per centum of the registered and enrolled members
11 of the proper party in the Senatorial district for which the
12 nomination petition is to be filed, based on the official party
13 enrollment at the preceding November election, or by at least
14 two hundred registered and enrolled members of the proper party
15 in said Senatorial district, whichever number is greater.
16 (h) If for a public or party office to be filled by a vote
17 of the electors in counties of the fourth class at large, or for
18 a public or party office to be filled by a vote of the electors
19 in cities of the second class A at large, or for a public or
20 party office to be filled by a vote of the electors in cities of
21 the third class at large, or for a member of State committee by
22 at least one per centum of the registered and enrolled members
23 of the proper party in the electoral district for which the
24 nomination petition is to be filed, based on the official party
25 enrollment at the preceding November election, or by at least
26 one hundred registered and enrolled members of the proper party
27 in said electoral district, whichever number is greater.
28 (i) If for the office of Representative in the General
29 Assembly, or for the office of district council member in a city
30 of the first class, or for a public or party office to be filled
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1 by a vote of the electors in counties of the fifth class at
2 large, or for a public or party office to be filled by a vote of
3 the electors in counties of the sixth class at large, or for a
4 public or party office to be filled by a vote of the electors in
5 counties of the seventh class at large, or for a public or party
6 office to be filled by a vote of the electors in counties of the
7 eighth class at large, by at least two per centum of the
8 registered and enrolled members of the proper party in the
9 electoral district for which the nomination petition is to be
10 filed, based on the official party enrollment at the preceding
11 November election, or by at least one hundred registered and
12 enrolled members in said electoral district, whichever number is
13 greater.
14 (j) If for any other party office or for the office of judge
15 of election, by at least ten registered and enrolled members of
16 the proper party.
17 (k) If for the office of inspector of election, by at least
18 five registered and enrolled members of the proper party.
19 (l) And for all other public offices, by at least two per
20 centum of the registered and enrolled members of the proper
21 party in the electoral district for which the nomination
22 petition is to be filed, based on the official party enrollment
23 at the preceding November election, or by at least ten
24 registered and enrolled members of the proper party in said
25 electoral district, whichever number is greater.
26 Section 5. Subsections (b) and (c) of Section 913, of the
27 act are repealed.
28 Section 6. The act is amended by adding a section to read:
29 Section 913.1. Determination by Secretary of Commonwealth
30 and County Boards of Number of Signatures Required on Nomination
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1 Petitions; Posting Same.--To assist persons in ascertaining the
2 number of signatures required on nomination petitions, the
3 Secretary of the Commonwealth, for those offices for which
4 nomination petitions are required to be filed in the office of
5 the Secretary of the Commonwealth, and the county board of
6 elections for those offices for which nomination petitions are
7 required to be filed in the office of the county board of
8 elections shall, on or before the thirteenth Tuesday preceding
9 each primary, determine the number of signatures required on the
10 nomination petitions, as set forth in section 912.1 of this act,
11 for each public or party office for which nomination is to be
12 made, or election is to be held on the day of the ensuing
13 primary. The Secretary of the Commonwealth or the county board
14 of elections as the case may be, shall post a listing of such
15 signature requirements in a conspicuous public place at its
16 office. Further, the Secretary of the Commonwealth, in
17 transmitting to county boards of elections notification of
18 nominations as set forth in section 905 of this act, shall
19 designate therein certification of the number of signatures
20 required on the nomination petition of the offices, public or
21 party, for which candidates are to be nominated or elected at
22 the ensuing primary, and for which offices, nomination petitions
23 are required to be filed in the office of the Secretary of the
24 Commonwealth. Provided, further, that the county board of
25 elections shall include in the publication of notice of officers
26 to be nominated or elected in accordance with section 906 of
27 this act, the necessary number of signatures required for each
28 party office for which candidates are to be elected at the
29 ensuing primary and the necessary number of signatures required
30 for each public office for which candidates are to be nominated
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1 at the ensuing primary.
2 Section 7. Subsection (b) of section 951 of the act amended
3 December 22, 1971 (P.L.613, No.165), is amended to read:
4 Section 951. Nominations by Political Bodies.--* * *
5 (b) Where the nomination is for any office to be filled by
6 the electors of the State at large, the number of qualified
7 electors of the State signing such nomination paper shall be at
8 least equal to two per centum of the largest entire vote cast
9 for any elected candidate in the State at large at the last
10 preceding election at which State-wide candidates were voted
11 for. In the case of all other nominations, the number of
12 qualified electors of the electoral district signing such
13 nomination papers shall be at least equal to two per centum of
14 the largest entire vote cast for any officer, except a judge of
15 a court of record, elected at the last preceding election in
16 said electoral district for which said nomination papers are to
17 be filed, and shall be not less than the largest number of
18 signers required for nomination petitions for party candidates
19 for the same office. In cases where a new electoral district
20 shall have been created, the number of qualified electors
21 signing such nomination papers, for candidates to be elected at
22 the first election held after the creation of such district,
23 shall be at least equal to two per centum of the largest vote
24 cast in the several election districts, which are included in
25 the district newly created, for any officer elected in the last
26 preceding election, and shall be not less than the largest
27 number of signers required for nomination petitions for party
28 candidates for any office in such new electoral district.
29 * * *
30 Section 8. Section 954 of the act is repealed.
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1 Section 9. Section 978.1 of the act amended August 13, 1963
2 (P.L.707, No.379), is amended to read:
3 Section 978.1. Vacancy in Party Nomination [by Failure to
4 Pay Filing Fee or] for Failure to File Loyalty Oath.--Every
5 person nominated at any primary election as the candidate of any
6 political party for any office, [other than a borough, town,
7 township, school district or poor district office, or the office
8 of alderman, justice of the peace, or constable, who has not
9 paid the filing fee required by section nine hundred thirteen of
10 this act, as amended, for the filing of a nomination petition
11 for such office, or] who has not filed the loyalty oath required
12 by section 14, act of December 22, 1951 (P.L.1726, No.463),
13 known as the "Pennsylvania Loyalty Act," as last amended June
14 19, 1961 (P.L.446, No.221), shall [pay the amount of such fee to
15 and] file such oath with the Secretary of the Commonwealth or
16 the county board of elections, as the case may be, at least
17 eighty-five (85) days previous to the day of the general or
18 municipal election at which such candidate's name would appear
19 on the ballot. Failure to [pay such fee or] file such oath
20 within the time herein prescribed shall result in a vacancy in
21 such party nomination. Such vacancy shall be filled in the
22 manner hereinafter provided for the filling of such vacancies
23 happening by reason of the death or withdrawal of any candidate.
24 Section 10. Section 1405 of the act amended December 22,
25 1971 (P.L.613, No.165), is amended to read:
26 Section 1405. Manner of Computing Irregular Ballots.--The
27 county board, in computing the votes cast at any primary or
28 election, shall compute and certify votes cast on irregular
29 ballots exactly as such names were written, stamped, affixed to
30 the ballot by sticker, or deposited or affixed in or on
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1 receptacles for that purpose, and as they have been so returned
2 by the election officers. In the primary the Secretary of the
3 Commonwealth shall not certify the votes cast on irregular
4 ballots for any person for a National office including that of
5 the President of the United States, United States Senator and
6 Representative in Congress; or for any State office including
7 that of Governor and Lieutenant Governor, Auditor General, State
8 Treasurer, Senator and Representative in the General Assembly,
9 justices and judges of courts of record or for any party office
10 including that of delegate or alternate delegate to National
11 conventions and member of State committee unless the total
12 number of votes cast for said person is equal to or greater than
13 the number of signatures required on a nomination petition for
14 the particular office in that particular political party
15 primary. In the primary the county board shall not certify the
16 votes cast on irregular ballots for any person for a justice of
17 the peace, constable, National, State, county, city, borough,
18 home rule municipality, town, township, ward, school district,
19 election or local party office unless the total number of votes
20 cast for said person is equal to or greater than the number of
21 signatures required on a nomination petition for the particular
22 office in that particular political party primary.
23 Section 11. Section 2 of this act shall take effect December
24 31, 1975 and the remainder of this act shall take effect
25 immediately.
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