PRINTER'S NO. 1822
No. 1497 Session of 1997
INTRODUCED BY STETLER, STURLA, MUNDY, BEBKO-JONES, C. WILLIAMS,
WOGAN, ROBINSON, BROWNE, TRELLO, PISTELLA AND RAMOS,
MAY 14, 1997
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 14, 1997
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," providing cross-filing for district attorneys and
12 district justices.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
16 as the Pennsylvania Election Code, is amended by adding a
17 section to read:
18 Section 907.1. Cross-Filing Nomination Petitions.--
19 Candidates for the office of judge of a court of common pleas,
20 the Philadelphia Municipal Court or for the Traffic Court of
21 Philadelphia or the office of district attorney in counties of
22 the third, fourth, fifth, sixth, seventh and eighth classes or
1 the office of school director in districts where that office is
2 elective or the office of district justice may file separate
3 petitions for nomination of each party. Only those duly
4 registered and enrolled members of each party who are qualified
5 electors of the State or of the political district, as the case
6 may be, within which the nomination is to be made or the
7 election is to be held may sign the particular petition for
8 nomination by that party.
9 Section 2. Sections 909 and 910 of the act, amended February
10 19, 1986 (P.L.29, No.11), are amended to read:
11 Section 909. Petition May Consist of Several Sheets;
12 Affidavit of Circulator.--Said nomination petition may be on one
13 or more sheets, and different sheets must be used for signers
14 resident in different counties. If more than one sheet is used,
15 they shall be bound together when offered for filing if they are
16 intended to constitute one petition, and each sheet shall be
17 numbered consecutively beginning with number one, at the foot of
18 each page. In cases of petitions for delegate or alternate
19 delegate to National conventions, each sheet shall contain a
20 notation indicating the presidential candidate to whom he is
21 committed or the term "uncommitted." Each sheet shall have
22 appended thereto the affidavit of the circulator of each sheet,
23 setting forth--(a) that he or she is a qualified elector duly
24 registered and enrolled as a member of the designated party of
25 the State, or of the political district, as the case may be,
26 referred to in said petition, unless said petition relates to
27 the nomination of a candidate for a court of common pleas, for
28 the Philadelphia Municipal Court or for the Traffic Court of
29 Philadelphia or [for justice of the peace,] the office of
30 district attorney in counties of the third, fourth, fifth,
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1 sixth, seventh and eighth classes or the office of school
2 director in districts where that office is elective or the
3 office of district justice in which event the circulator need
4 not be a duly registered and enrolled member of the designated
5 party; (b) his residence, giving city, borough or township, with
6 street and number, if any; (c) that the signers thereto signed
7 with full knowledge of the contents of the petition; (d) that
8 their respective residences are correctly stated therein; (e)
9 that they all reside in the county named in the affidavit; (f)
10 that each signed on the date set opposite his name; and (g)
11 that, to the best of affiant's knowledge and belief, the signers
12 are qualified electors and duly registered and enrolled members
13 of the designated party of the State, or of the political
14 district, as the case may be.
15 Section 910. Affidavits of Candidates.--Each candidate for
16 any State, county, city, borough, incorporated town, township,
17 ward, school district, poor district, election district, party
18 office, party delegate or alternate, or for the office of United
19 States Senator or Representative in Congress, shall file with
20 his nomination petition his affidavit stating--(a) his
21 residence, with street and number, if any, and his post-office
22 address; (b) his election district, giving city, borough, town
23 or township; (c) the name of the office for which he consents to
24 be a candidate; (d) that he is eligible for such office; (e)
25 that he will not knowingly violate any provision of this act, or
26 of any law regulating and limiting nomination and election
27 expenses and prohibiting corrupt practices in connection
28 therewith; (f) unless he is a candidate for judge of a court of
29 common pleas, the Philadelphia Municipal Court or the Traffic
30 Court of Philadelphia, or the office of district attorney in
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1 counties of the third, fourth, fifth, sixth, seventh and eighth
2 classes or for the office of school director in a district where
3 that office is elective or [for the office of justice of the
4 peace] the office of district justice that he is not a candidate
5 for nomination for the same office of any party other than the
6 one designated in such petition; (g) if he is a candidate for a
7 delegate, or alternate delegate, member of State committee,
8 National committee or party officer, that he is a registered and
9 enrolled member of the designated party; (h) if he is a
10 candidate for delegate or alternate delegate the presidential
11 candidate to whom he is committed or the term "uncommitted"; and
12 (i) that he is aware of the provisions of section 1626 of this
13 act requiring pre-election and post-election reporting of
14 campaign contributions and expenditures. In cases of petitions
15 for candidates for the General Assembly, the candidate's
16 affidavit shall state (1) that the candidate will satisfy the
17 eligibility requirements contained in sections 5 and 7 of
18 Article II of the Constitution of Pennsylvania; (2) (i) that in
19 the case of a candidate for the office of Senator in the General
20 Assembly that the candidate will be twenty-five (25) years of
21 age on or before the first day of the term for which the
22 candidate seeks election or (ii) that in the case of a candidate
23 for the office of Representative in the General Assembly that
24 the candidate will be twenty-one (21) years of age on or before
25 the first day of the term for which the candidate seeks
26 election; (3) that the candidate shall have been a citizen and
27 inhabitant of Pennsylvania four (4) years and an inhabitant of
28 the respective district one (1) year next before the election
29 (unless absent on the public business of the United States or of
30 this State); and (4) that the candidate has not been convicted
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1 of embezzlement of public moneys, bribery, perjury or other
2 infamous crime. In cases of petitions for delegate and alternate
3 delegate to National conventions, the candidate's affidavit
4 shall state that his signature to the delegate's statement, as
5 hereinafter set forth, if such statement is signed by said
6 candidate, was affixed to the sheet or sheets of said petition
7 prior to the circulation of same. In the case of a candidate for
8 nomination as President of the United States, it shall not be
9 necessary for such candidate to file the affidavit required in
10 this section to be filed by candidates, but the post-office
11 address of such candidate shall be stated in such nomination
12 petition.
13 Section 3. Section 976 of the act, amended July 21, 1941
14 (P.L.526, No.213) and February 19, 1986 (P.L.29, No.11) and
15 repealed in part April 28, 1978 (P.L.202, No.53), is amended to
16 read:
17 Section 976. Examination of Nomination Petitions,
18 Certificates and Papers; Return of Rejected Nomination
19 Petitions, Certificates and Papers.--When any nomination
20 petition, nomination certificate or nomination paper is
21 presented in the office of the Secretary of the Commonwealth or
22 of any county board of elections for filing within the period
23 limited by this act, it shall be the duty of the said officer or
24 board to examine the same. No nomination petition, nomination
25 paper or nomination certificate shall be permitted to be filed
26 if--(a) it contains material errors or defects apparent on the
27 face thereof, or on the face of the appended or accompanying
28 affidavits; or (b) it contains material alterations made after
29 signing without the consent of the signers; or (c) it does not
30 contain a sufficient number of signatures as required by law;
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1 Provided, however, That the Secretary of the Commonwealth or the
2 county board of elections, although not hereby required so to
3 do, may question the genuineness of any signature or signatures
4 appearing thereon, and if he or it shall thereupon find that any
5 such signature or signatures are not genuine, such signature or
6 signatures shall be disregarded in determining whether the
7 nomination petition, nomination paper or nomination certificate
8 contains a sufficient number of signatures as required by law;
9 or (d) in the case of nomination petitions, if nomination
10 petitions have been filed for printing the name of the same
11 person for the same office, except the office of judge of a
12 court of common pleas, the Philadelphia Municipal Court or the
13 Traffic Court of Philadelphia, or the office of district
14 attorney in counties of the third, fourth, fifth, sixth, seventh
15 and eighth classes or the office of school director in districts
16 where that office is elective or [the office of justice of the
17 peace] the office of district justice upon the official ballot
18 of more than one political party; or (e) in the case of
19 nomination papers, if the candidate named therein has filed a
20 nomination petition for any public office for the ensuing
21 primary, or has been nominated for any such office by nomination
22 papers previously filed; or (f) if the nomination petitions or
23 papers are not accompanied by the filing fee or certified check
24 required for said office; or (g) in the case of nomination
25 papers, the appellation set forth therein is identical with or
26 deceptively similar to the words used by any existing party or
27 by any political body which has already filed nomination papers
28 for the same office, or if the appellation set forth therein
29 contains part of the name, or an abbreviation of the name or
30 part of the name of an existing political party, or of a
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1 political body which has already filed nomination papers for the
2 same office. The invalidity of any sheet of a nomination
3 petition or nomination paper shall not affect the validity of
4 such petition or paper if a sufficient petition or paper remains
5 after eliminating such invalid sheet. The action of said officer
6 or board in refusing to receive and file any such nomination
7 petition, certificate or paper, may be reviewed by the court
8 upon an application to compel its reception as of the date when
9 it was presented to the office of such officer or board:
10 Provided, however, That said officer or board shall be entitled
11 to a reasonable time in which to examine any petitions,
12 certificates or papers, and to summon and interrogate the
13 candidates named therein, or the persons presenting said
14 petitions, certificates or papers, and his or their retention of
15 same for the purpose of making such examination or interrogation
16 shall not be construed as an acceptance or filing.
17 Upon completion of any examination, if any nomination
18 petition, certificate or paper is found to be defective, it
19 shall forthwith be rejected and returned to the candidate or one
20 of the candidates named therein, together with a statement of
21 the reasons for such rejection:
22 Provided further, That no nomination petition, nomination
23 paper or nomination certificate shall be permitted to be filed,
24 if the political party or political body referred to therein
25 shall be composed of a group of electors whose purposes or aims,
26 or one of whose purposes or aims, is the establishment, control,
27 conduct, seizure or overthrow of the Government of the
28 Commonwealth of Pennsylvania or the United States of America by
29 the use of force, violence, military measure or threats of one
30 or more of the foregoing. The authority to reject such
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1 nomination petition, paper or certificate for this reason shall,
2 when filed with the Secretary of the Commonwealth, be vested in
3 a committee composed of the Governor, the Attorney General and
4 the Secretary of the Commonwealth, and when filed with any
5 county board of elections shall be vested in such board. If in
6 such case the committee or board, as the case may be, shall
7 conclude that the acceptance of such nomination petition, paper
8 or certificate should be refused, it shall within two days of
9 the filing of such nomination petition, paper or certificate fix
10 a place and a time five days in advance for hearing the matter,
11 and notice thereof shall be given to all parties affected
12 thereby. At the time and place so fixed the committee or board,
13 as the case may be, shall hear testimony, but shall not be bound
14 by technical rules of evidence. The testimony presented shall be
15 stenographically recorded and made a part of the record of the
16 committee or board. Within two days after such hearing the
17 committee or board, if satisfied upon competent evidence that
18 the said nomination petition, paper or certificate is not
19 entitled to be accepted and filed, it shall announce its
20 decision and immediately notify the parties affected thereby.
21 Failure to announce decision within two days after such hearing
22 shall be conclusive that such nomination petition, paper or
23 certificate has been accepted and filed. The decision of said
24 committee or board in refusing to accept and file such
25 nomination petition, paper or certificate may be reviewed by the
26 court upon an application to compel its reception as of the date
27 when presented to the Secretary of the Commonwealth or such
28 board. The application shall be made within two days of the time
29 when such decision is announced. If the application is properly
30 made, any judge of said court may fix a time and place for
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1 hearing the matter in dispute, of which notice shall be served
2 with a copy of said application upon the Secretary of the
3 Commonwealth or the county board of elections, as the case may
4 be. At the time so fixed, the court, or any judge thereof
5 assigned for the purpose, shall hear the case de novo. If after
6 such hearing the said court shall find that the decision of the
7 committee or the board was erroneous, it shall issue its mandate
8 to the committee or board to correct its decision and to accept
9 and file the nomination paper, petition or certificate. From any
10 decision of the court an appeal may be taken within two days
11 after the entry thereof. It shall be the duty of the said court
12 to fix the hearing and to announce its decision within such
13 period of time as will permit the Secretary of the Commonwealth
14 or the county board of elections to permit the names of the
15 candidates affected by the court's decision to be printed on the
16 ballot, if the court should so determine.
17 Section 4. Sections 993(a), 998(a) and (b) and 1004 of the
18 act, amended February 19, 1986 (P.L.29, No.11), are amended to
19 read:
20 Section 993. Filling of Certain Vacancies in Public Office
21 by Means of Nomination Certificates and Nomination Papers.--(a)
22 In all cases where a vacancy shall occur for any cause in an
23 elective public office, including that of judge of a court of
24 record, at a time when such vacancy is required by the
25 provisions of the Constitution or the laws of this Commonwealth
26 to be filled at the ensuing election but at a time when
27 nominations for such office cannot be made under any other
28 provision of this act, nominations to fill such vacancies shall
29 be made by political parties in accordance with party rules
30 relating to the filling of vacancies by means of nomination
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1 certificates in the form prescribed in section nine hundred
2 ninety-four of this act, and by political bodies by means of
3 nomination papers in accordance with the provisions of sections
4 nine hundred fifty-one, nine hundred fifty-two and nine hundred
5 fifty-four of this act. No such nomination certificate shall
6 nominate any person who has already been nominated by any other
7 political party or by any political body for the same office
8 unless such person is a candidate for the office of judge of a
9 court of common pleas, the office of district attorney in
10 counties of the third, fourth, fifth, sixth, seventh and eighth
11 classes, the Philadelphia Municipal Court or the Traffic Court
12 of Philadelphia, or for the office of school director in
13 districts where that office is elective [or for the office of
14 justice of the peace]. No such nomination papers shall nominate
15 any person who has already been nominated by any political party
16 or by any other political body for any office to be filled at
17 the ensuing November election, unless such person is a candidate
18 for the office of judge of a court of common pleas, the office
19 of district attorney in counties of the third, fourth, fifth,
20 sixth, seventh and eighth classes, the Philadelphia Municipal
21 Court or the Traffic Court of Philadelphia, or for the office of
22 school director in districts where that office is elective or
23 for the office of [justice of the peace] district justice.
24 * * *
25 Section 998. Substituted Nominations to Fill Certain
26 Vacancies for a November Election.--(a) Any vacancy happening
27 or existing in any party nomination made in accordance with the
28 provisions of section nine hundred ninety-three of this act for
29 a November election by reason of the death or withdrawal of any
30 candidate may be filled by a substituted nomination made by such
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1 committee as is authorized by the rules of the party to make
2 nominations in the event of vacancies on the party ticket, in
3 the form prescribed by section nine hundred ninety-four of this
4 act. But no substituted nomination certificate shall nominate
5 any person who has already been nominated by any other political
6 party or by any political body for the same office, unless such
7 person is a candidate for the office of judge of a court of
8 common pleas, the office of district attorney in counties of the
9 third, fourth, fifth, sixth, seventh and eighth classes, the
10 Philadelphia Municipal Court or the Traffic Court of
11 Philadelphia, or for the office of school director in districts
12 where that office is elective or for the office of [justice of
13 the peace] district justice.
14 (b) In case of the death or withdrawal of any candidate
15 nominated by a political body for an election, the committee
16 named in the original nomination papers may nominate a
17 substitute in his place by filing a substituted nomination
18 certificate in the form and manner prescribed by section nine
19 hundred eighty of this act. In the case of a vacancy caused by
20 the death of any candidate, said nomination certificate shall be
21 accompanied by a death certificate properly certified. No
22 substituted nomination certificate shall nominate any person who
23 has already been nominated by any political party or by any
24 other political body for any office to be filled at the ensuing
25 November election, unless such person is a candidate for the
26 office of judge of a court of common pleas, the office of
27 district attorney in counties of the third, fourth, fifth,
28 sixth, seventh and eighth classes, the Philadelphia Municipal
29 Court or the Traffic Court of Philadelphia, or for the office of
30 school director in districts where that office is elective or
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1 for the office of [justice of the peace] district justice.
2 * * *
3 Section 1004. Form of Ballots; Printing Ballots; Stubs;
4 Numbers.--From the lists furnished by the Secretary of the
5 Commonwealth under the provisions of sections 915 and 984, and
6 from petitions and papers filed in their office, the county
7 election board shall print the official primary and election
8 ballots in accordance with the provisions of this act: Provided,
9 however, That in no event, shall the name of any person
10 consenting to be a candidate for nomination for any one office,
11 except the office of judge of a court of common pleas, the
12 office of district attorney in counties of the third, fourth,
13 fifth, sixth, seventh and eighth classes, the Philadelphia
14 Municipal Court or the Traffic Court of Philadelphia, or the
15 office of school director in districts where that office is
16 elective or the office of [justice of the peace] district
17 justice be printed as a candidate for such office upon the
18 official primary ballot of more than one party. All ballots for
19 use in the same election district at any primary or election
20 shall be alike. They shall be at least six inches long and four
21 inches wide, and shall have a margin extending beyond any
22 printing thereon. They shall be printed with the same kind of
23 type (which shall not be smaller than the size known as
24 "brevier" or "eight point body") upon white paper of uniform
25 quality, without any impression or mark to distinguish one from
26 another, and with sufficient thickness to prevent the printed
27 matter from showing through. Each ballot shall be attached to a
28 stub, and all the ballots for the same election district shall
29 be bound together in books of fifty, in such manner that each
30 ballot may be detached from its stub and removed separately. The
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1 ballots for each party to be used at a primary shall be bound
2 separately. The stubs of the ballots shall be consecutively
3 numbered, and in the case of primary ballots, the number shall
4 be preceded by an initial or abbreviation designating the party
5 name. The number and initial or abbreviation which appears upon
6 the stub shall also be printed in the upper right hand corner of
7 the back of the ballot, separated from the remainder of the
8 ballot by a diagonal perforated line so prepared that the upper
9 right hand corner of the back of the ballot containing the
10 number may be detached from the ballot before it is deposited in
11 the ballot box and beside that corner shall also be printed,
12 "Remove numbered stub immediately before depositing your ballot
13 in ballot box."
14 Section 5. This act shall take effect in 60 days.
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