PRIOR PRINTER'S NO. 1746 PRINTER'S NO. 3431
No. 1412 Session of 2003
INTRODUCED BY FREEMAN, BEBKO-JONES, CAWLEY, CORRIGAN, CREIGHTON,
DeLUCA, DeWEESE, FABRIZIO, GERGELY, GRUCELA, HALUSKA, HARHAI,
HARPER, HUTCHINSON, KOTIK, LAUGHLIN, LEACH, LESCOVITZ,
LEVDANSKY, MANN, McNAUGHTON, NAILOR, O'NEILL, PETRARCA,
PISTELLA, PRESTON, REICHLEY, SOLOBAY, STURLA, SURRA,
TANGRETTI, THOMAS, TIGUE, WASHINGTON AND STETLER, MAY 7, 2003
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 15, 2004
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," further providing for district election boards.
12 and for number of signers required for nomination petitions <--
13 for candidates at primaries.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 401 of the act of June 3, 1937 (P.L.1333,
17 No.320), known as the Pennsylvania Election Code, amended
18 February 10, 1956 (1955 P.L.1019, No.319), is amended to read:
19 Section 401. District Election Boards; Election.--(a) All
20 primaries and elections shall be conducted in each election
21 district by a district election board consisting of a judge of
1 election, a majority inspector of election and a minority
2 inspector of election, assisted by clerks and machine inspectors
3 in certain cases, as hereinafter provided.
4 (b) Persons NO LATER THAN THE MONDAY PRECEDING THE <--
5 THIRTEENTH TUESDAY PRECEDING A PRIMARY IN WHICH PERSONS SEEK A
6 PARTY NOMINATION FOR THE OFFICE OF JUDGE OF ELECTION OR
7 INSPECTOR OF ELECTION, A COUNTY BOARD MAY OPT BY MAJORITY VOTE
8 TO PERMIT PERSONS qualified to serve as and seeking election to
9 the office of judge of election, majority OR inspector of <--
10 election and minority inspector of election may TO have their <--
11 names placed upon the primary ballots by filing a declaration of
12 candidacy with the county board AS AN ALTERNATIVE TO PRESENTING <--
13 A NOMINATING PETITION AS REQUIRED BY SECTION 912.1. A DECISION
14 TO PROCEED UNDER THIS SUBSECTION SHALL REMAIN IN EFFECT UNTIL
15 RESCINDED BY MAJORITY VOTE OF THE COUNTY BOARD, EXCEPT THAT THE
16 COUNTY BOARD MAY NOT RESCIND ITS DECISION AT ANY TIME BETWEEN
17 THE THIRTEENTH TUESDAY PRECEDING A PRIMARY IN WHICH PERSONS SEEK
18 A PARTY NOMINATION FOR THE OFFICE OF JUDGE OF ELECTION OR
19 INSPECTOR OF ELECTION AND THE WEDNESDAY FOLLOWING THE TENTH
20 TUESDAY PRIOR TO SUCH PRIMARY. NOTHING IN THIS SUBSECTION SHALL
21 BE CONSTRUED TO LIMIT THE NUMBER OF TIMES A COUNTY BOARD MAY OPT
22 TO PROCEED UNDER THIS SECTION. The Secretary of the Commonwealth
23 shall prescribe the format of the declaration of candidacy. The
24 declaration of candidacy shall include a candidate affidavit.
25 (c) The judge and inspectors of election of each election
26 district shall be elected by the electors thereof at the
27 municipal election, and shall hold office for a term of four
28 years from the first Monday of January next succeeding their
29 election.
30 (d) Each elector may vote for one person as judge and for
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1 one person as inspector, and the person receiving the highest
2 number of votes for judge shall be declared elected judge of
3 election, the person receiving the highest number of votes for
4 inspector shall be declared elected majority inspector of
5 election, and the person receiving the second highest number of
6 votes for inspector shall be declared elected minority inspector
7 of election.
8 Section 2. Section 912.1 of the act, amended February 13, <--
9 1989 (P.L.1, No.1), is amended to read:
10 Section 912.1. Number of Signers Required for Nomination
11 Petitions of Candidates at Primaries.--Candidates for nomination
12 of offices as listed below shall present a nominating petition
13 containing at least as many valid signatures of registered and
14 enrolled members of the proper party as listed below:
15 (1) President of the United States: Two thousand.
16 (2) United States Senate: Two thousand.
17 (3) Governor: Two thousand including at least one hundred
18 from each of at least ten counties.
19 (4) Lieutenant Governor: One thousand including at least one
20 hundred from each of at least five counties.
21 (5) Treasurer: One thousand including at least one hundred
22 from each of at least five counties.
23 (6) Auditor General: One thousand including at least one
24 hundred from each of at least five counties.
25 (7) Attorney General: One thousand including at least one
26 hundred from each of at least five counties.
27 (8) Justice of the Supreme Court: One thousand including at
28 least one hundred from each of at least five counties.
29 (9) Judge of the Superior Court: One thousand including at
30 least one hundred from each of at least five counties.
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1 (10) Judge of the Commonwealth Court: One thousand including
2 at least one hundred from each of at least five counties.
3 (11) For any other office to be filled by the vote of the
4 electors of the State at large or for any other party office to
5 be elected by the electors of the State at large: One thousand
6 including at least one hundred from each of at least five
7 counties.
8 (12) Representative in Congress: One thousand.
9 (13) Senator in the General Assembly: Five hundred.
10 (14) Representative in the General Assembly: Three hundred.
11 (15) Public or party offices to be filled by a vote of the
12 electors in counties of the first class at large: One thousand.
13 (16) Public or party offices to be filled by a vote of the
14 electors in counties of the second class at large: Five hundred.
15 (17) Public or party offices to be filled by a vote of the
16 electors in cities of the first class at large: One thousand.
17 (18) Public or party offices to be filled by a vote of the
18 electors in counties of the second class A at large: Two hundred
19 fifty.
20 (19) Public or party offices to be filled by a vote of the
21 electors in counties of the third class at large: Two hundred
22 fifty.
23 (20) Public or party offices to be filled by a vote of the
24 electors in counties of the fourth class at large: Two hundred
25 fifty.
26 (21) Public or party offices to be filled by a vote of the
27 electors in cities of the second class at large: Two hundred
28 fifty.
29 (22) Public or party offices to be filled by a vote of the
30 electors in cities of the second class A at large: One hundred.
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1 (23) Public or party offices to be filled by a vote of the
2 electors in cities of the third class at large: One hundred.
3 (24) Public or party offices to be filled by a vote of the
4 electors in counties of the fifth class at large: One hundred.
5 (25) Public or party offices to be filled by a vote of the
6 electors in counties of the sixth class at large: One hundred.
7 (26) Public or party offices to be filled by a vote of the
8 electors in counties of the seventh class at large: One hundred.
9 (27) Public or party offices to be filled by a vote of the
10 electors in counties of the eighth class at large: One hundred.
11 (28) Office of judge of any court of record other than a
12 Statewide court or a court in a county of the first or second
13 class: Two hundred fifty.
14 (29) District delegate or alternate district delegate to a
15 National party convention: Two hundred fifty.
16 (30) Member of State committee: One hundred.
17 (31) Office of district council member in a city of the
18 first class: Seven hundred fifty.
19 (31.1) Office of district council member in a city of the
20 second class: One hundred.
21 (32) Office of district justice: One hundred.
22 [(33) Office of judge of election: Ten.
23 (34) Inspector of elections: Five.]
24 (35) All other public and party offices: Ten.
25 Section 3 2. This act shall take effect in 60 days. <--
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