PRINTER'S NO. 2824
No. 2007 Session of 2007
INTRODUCED BY HARHAI, BELFANTI, BIANCUCCI, BRENNAN, CALTAGIRONE, CASORIO, COHEN, DALEY, DePASQUALE, DeWEESE, FABRIZIO, FREEMAN, GEIST, GERGELY, GRUCELA, HALUSKA, HANNA, HARKINS, HERSHEY, KING, KOTIK, KULA, LENTZ, LEVDANSKY, LONGIETTI, MAHONEY, MARKOSEK, McCALL, MELIO, PETRARCA, PETRONE, READSHAW, SAINATO, SAMUELSON, SANTONI, SURRA, TANGRETTI, WALKO, WANSACZ AND GODSHALL, NOVEMBER 2, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 2, 2007
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 affidavits of candidates, 12 for examination of nomination petitions, certificates and 13 papers; return of rejected nomination petitions, certificates 14 and papers, for affidavits of candidates, for filling of 15 certain vacancies in public office by means of nomination 16 certificates and nomination papers and for substituted 17 nominations to fill certain vacancies for a November 18 election. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. Sections 630.1 and 910 of the act of June 3, 1937 22 (P.L.1333, No.320), known as the Pennsylvania Election Code, 23 amended May 12, 2006 (P.L.178, No.45), are amended to read:
1 Section 630.1. Affidavits of Candidates.--Each candidate for 2 any State, county, city, borough, incorporated town, township, 3 school district or poor district office, or for the office of 4 United States Senator or Representative in Congress, selected as 5 provided in section 630 of this act, shall file with the 6 nomination certificate an affidavit stating--(a) his residence, 7 with street and number, if any, and his post-office address; (b) 8 his election district, giving city, borough, town or township; 9 (c) the name of the office for which he consents to be a 10 candidate; (d) that he is eligible for such office; (e) that he 11 will not knowingly violate any provision of this act, or of any 12 law regulating and limiting election expenses and prohibiting 13 corrupt practices in connection therewith; (f) unless he is a 14 candidate for judge of a court of common pleas, the Philadelphia 15 Municipal Court or the Traffic Court of Philadelphia, or for the 16 office of school board in a district where that office is 17 elective or for the office of [justice of the peace] magisterial 18 district judge, that he is not a candidate for the same office 19 of any party or political body and not a registered and enrolled 20 member of any party other than the one designated in such 21 certificate; (g) that he is aware of the provisions of section 22 1626 of this act requiring election and post-election reporting 23 of campaign contributions and expenditures; and (h) that he is 24 not a candidate for an office which he already holds, the term 25 of which is not set to expire in the same year as the office 26 subject to the affidavit. 27 Section 910. Affidavits of Candidates.--Each candidate for 28 any State, county, city, borough, incorporated town, township, 29 ward, school district, poor district, election district, party 30 office, party delegate or alternate, or for the office of United 20070H2007B2824 - 2 -
1 States Senator or Representative in Congress, shall file with 2 his nomination petition his affidavit stating--(a) his 3 residence, with street and number, if any, and his post-office 4 address; (b) his election district, giving city, borough, town 5 or township; (c) the name of the office for which he consents to 6 be a candidate; (d) that he is eligible for such office; (e) 7 that he will not knowingly violate any provision of this act, or 8 of any law regulating and limiting nomination and election 9 expenses and prohibiting corrupt practices in connection 10 therewith; (f) unless he is a candidate for judge of a court of 11 common pleas, the Philadelphia Municipal Court or the Traffic 12 Court of Philadelphia, or for the office of school director in a 13 district where that office is elective or for the office of 14 [justice of the peace] magisterial district judge that he is not 15 a candidate for nomination for the same office of any party and 16 not a registered and enrolled member of any party other than the 17 one designated in such petition; (g) if he is a candidate for a 18 delegate, or alternate delegate, member of State committee, 19 National committee or party officer, that he is a registered and 20 enrolled member of the designated party; (h) if he is a 21 candidate for delegate or alternate delegate the presidential 22 candidate to whom he is committed or the term "uncommitted"; (i) 23 that he is aware of the provisions of section 1626 of this act 24 requiring pre-election and post-election reporting of campaign 25 contributions and expenditures; and (j) that he is not a 26 candidate for an office which he already holds, the term of 27 which is not set to expire in the same year as the office 28 subject to the affidavit. In cases of petitions for delegate and 29 alternate delegate to National conventions, the candidate's 30 affidavit shall state that his signature to the delegate's 20070H2007B2824 - 3 -
1 statement, as hereinafter set forth, if such statement is signed 2 by said candidate, was affixed to the sheet or sheets of said 3 petition prior to the circulation of same. In the case of a 4 candidate for nomination as President of the United States, it 5 shall not be necessary for such candidate to file the affidavit 6 required in this section to be filed by candidates, but the 7 post-office address of such candidate shall be stated in such 8 nomination petition. 9 Section 2. The first paragraph of section 976 of the act, 10 amended February 19, 1986 (P.L.29, No.11), is amended to read: 11 Section 976. Examination of Nomination Petitions, 12 Certificates and Papers; Return of Rejected Nomination 13 Petitions, Certificates and Papers.--When any nomination 14 petition, nomination certificate or nomination paper is 15 presented in the office of the Secretary of the Commonwealth or 16 of any county board of elections for filing within the period 17 limited by this act, it shall be the duty of the said officer or 18 board to examine the same. No nomination petition, nomination 19 paper or nomination certificate shall be permitted to be filed 20 if--(a) it contains material errors or defects apparent on the 21 face thereof, or on the face of the appended or accompanying 22 affidavits; or (b) it contains material alterations made after 23 signing without the consent of the signers; or (c) it does not 24 contain a sufficient number of signatures as required by law; 25 Provided, however, That the Secretary of the Commonwealth or the 26 county board of elections, although not hereby required so to 27 do, may question the genuineness of any signature or signatures 28 appearing thereon, and if he or it shall thereupon find that any 29 such signature or signatures are not genuine, such signature or 30 signatures shall be disregarded in determining whether the 20070H2007B2824 - 4 -
1 nomination petition, nomination paper or nomination certificate 2 contains a sufficient number of signatures as required by law; 3 or (d) in the case of nomination petitions, if nomination 4 petitions have been filed for a person registered and enrolled 5 in any party other than the one designated in the nominating 6 petition or for printing the name of the same person for the 7 same office, except the office of judge of a court of common 8 pleas, the Philadelphia Municipal Court or the Traffic Court of 9 Philadelphia, or the office of school director in districts 10 where that office is elective or the office of [justice of the 11 peace] magisterial district judge upon the official ballot of 12 more than one political party; or (e) in the case of nomination 13 papers, if the candidate named therein has filed a nomination 14 petition for any public office for the ensuing primary, or has 15 been nominated for any such office by nomination papers 16 previously filed; or (f) if the nomination petitions or papers 17 are not accompanied by the filing fee or certified check 18 required for said office; or (g) in the case of nomination 19 papers, the appellation set forth therein is identical with or 20 deceptively similar to the words used by any existing party or 21 by any political body which has already filed nomination papers 22 for the same office, or if the appellation set forth therein 23 contains part of the name, or an abbreviation of the name or 24 part of the name of an existing political party, or of a 25 political body which has already filed nomination papers for the 26 same office. The invalidity of any sheet of a nomination 27 petition or nomination paper shall not affect the validity of 28 such petition or paper if a sufficient petition or paper remains 29 after eliminating such invalid sheet. The action of said officer 30 or board in refusing to receive and file any such nomination 20070H2007B2824 - 5 -
1 petition, certificate or paper, may be reviewed by the court 2 upon an application to compel its reception as of the date when 3 it was presented to the office of such officer or board: 4 Provided, however, That said officer or board shall be entitled 5 to a reasonable time in which to examine any petitions, 6 certificates or papers, and to summon and interrogate the 7 candidates named therein, or the persons presenting said 8 petitions, certificates or papers, and his or their retention of 9 same for the purpose of making such examination or interrogation 10 shall not be construed as an acceptance or filing. 11 * * * 12 Section 3. Section 981.1 of the act, amended May 12, 2006 13 (P.L.178, No.45), is amended to read: 14 Section 981.1. Affidavits of Candidates.--Each candidate for 15 any State, county, city, borough, incorporated town, township, 16 ward, school district, poor district or election district 17 office, or for the office of United States Senator or 18 Representative in Congress, selected as provided in sections 979 19 and 980 of this act, shall file with the substituted nomination 20 certificate an affidavit stating--(a) his residence, with street 21 and number, if any, and his post-office address; (b) his 22 election district, giving city, borough, town or township; (c) 23 the name of the office for which he consents to be a candidate; 24 (d) that he is eligible for such office; (e) that he will not 25 knowingly violate any provision of this act, or of any law 26 regulating and limiting election expenses and prohibiting 27 corrupt practices in connection therewith; (f) unless he is a 28 candidate for judge of a court of common pleas, the Philadelphia 29 Municipal Court or the Traffic Court of Philadelphia, or for the 30 office of school board in a district where that office is 20070H2007B2824 - 6 -
1 elective or for the office of [justice of the peace] magisterial 2 district judge, that he is not a candidate for the same office 3 of any party or political body and not a registered and enrolled 4 member of any party other than the one designated in such 5 certificate; (g) that he is aware of the provisions of section 6 1626 of this act requiring election and post-election reporting 7 of campaign contributions and expenditures; and (h) that he is 8 not a candidate for an office which he already holds, the term 9 of which is not set to expire in the same year as the office 10 subject to the affidavit. 11 Section 4. Sections 993(a) and 998(a) and (b) of the act, 12 amended February 19, 1986 (P.L.29, No.11), are amended to read: 13 Section 993. Filling of Certain Vacancies in Public Office 14 by Means of Nomination Certificates and Nomination Papers.--(a) 15 In all cases where a vacancy shall occur for any cause in an 16 elective public office, including that of judge of a court of 17 record, at a time when such vacancy is required by the 18 provisions of the Constitution or the laws of this Commonwealth 19 to be filled at the ensuing election but at a time when 20 nominations for such office cannot be made under any other 21 provision of this act, nominations to fill such vacancies shall 22 be made by political parties in accordance with party rules 23 relating to the filling of vacancies by means of nomination 24 certificates in the form prescribed in section nine hundred 25 ninety-four of this act, and by political bodies by means of 26 nomination papers in accordance with the provisions of sections 27 nine hundred fifty-one, nine hundred fifty-two and nine hundred 28 fifty-four of this act. No such nomination certificate shall 29 nominate any person who is a registered and enrolled member of 30 any party other than the one designated in the nominating 20070H2007B2824 - 7 -
1 petition or has already been nominated by any other political 2 party or by any political body for the same office unless such 3 person is a candidate for the office of judge of a court of 4 common pleas, the Philadelphia Municipal Court or the Traffic 5 Court of Philadelphia, or for the office of school director in 6 districts where that office is elective or for the office of 7 [justice of the peace] magisterial district judge. No such 8 nomination papers shall nominate any person who is a registered 9 and enrolled member of any party other than the one designated 10 in the nominating petition or has already been nominated by any 11 political party or by any other political body for any office to 12 be filled at the ensuing November election, unless such person 13 is a candidate for the office of judge of a court of common 14 pleas, the Philadelphia Municipal Court or the Traffic Court of 15 Philadelphia, or for the office of school director in districts 16 where that office is elective or for the office of [justice of 17 the peace] magisterial district judge. 18 * * * 19 Section 998. Substituted Nominations to Fill Certain 20 Vacancies for a November Election.--(a) Any vacancy happening 21 or existing in any party nomination made in accordance with the 22 provisions of section nine hundred ninety-three of this act for 23 a November election by reason of the death or withdrawal of any 24 candidate may be filled by a substituted nomination made by such 25 committee as is authorized by the rules of the party to make 26 nominations in the event of vacancies on the party ticket, in 27 the form prescribed by section nine hundred ninety-four of this 28 act. But no substituted nomination certificate shall nominate 29 any person who is a registered and enrolled member of any party 30 other than the one designated in the nominating petition or has 20070H2007B2824 - 8 -
1 already been nominated by any other political party or by any 2 political body for the same office, unless such person is a 3 candidate for the office of judge of a court of common pleas, 4 the Philadelphia Municipal Court or the Traffic Court of 5 Philadelphia, or for the office of school director in districts 6 where that office is elective or for the office of [justice of 7 the peace] magisterial district judge. 8 (b) In case of the death or withdrawal of any candidate 9 nominated by a political body for an election, the committee 10 named in the original nomination papers may nominate a 11 substitute in his place by filing a substituted nomination 12 certificate in the form and manner prescribed by section nine 13 hundred eighty of this act. In the case of a vacancy caused by 14 the death of any candidate, said nomination certificate shall be 15 accompanied by a death certificate properly certified. No 16 substituted nomination certificate shall nominate any person who 17 is a registered and enrolled member of any party other than the 18 one designated in the nominating petition or has already been 19 nominated by any political party or by any other political body 20 for any office to be filled at the ensuing November election, 21 unless such person is a candidate for the office of judge of a 22 court of common pleas, the Philadelphia Municipal Court or the 23 Traffic Court of Philadelphia, or for the office of school 24 director in districts where that office is elective or for the 25 office of [justice of the peace] magisterial district judge. 26 * * * 27 Section 5. This act shall take effect in 60 days. J22L25JKL/20070H2007B2824 - 9 -