THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROAE, SCAVELLO, HUTCHINSON, McILVAINE SMITH, RAPP, SIPTROTH, SWANGER, R. TAYLOR AND YUDICHAK, JULY 16, 2010

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 16, 2010  

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," providing for affidavits of candidates, for

nomination petitions, for substituted nominations, for

vacancies and for form of ballots.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 630.1 and 910 of the act of June 3, 1937

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

amended May 12, 2006 (P.L.178, No.45), are amended to read:

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;

(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 the Traffic Court of Philadelphia, or for the

office of school board in a district where that office is

elective or for the office of justice of the peace, 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; and (i) that he is not a candidate for

nomination for or election to more than one public office to be

filled at the special election or any primary, municipal or

general election held on the same date.

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 the Traffic

Court of Philadelphia, or for the office of school director in a

district where that office is elective or for the office of

justice of the peace 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 which he already holds, the term of

which is not set to expire in the same year as the office

subject to the affidavit; and (k) that he is not a candidate for

nomination for more than one public office. 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 2.  The act is amended by adding a section to read:

Section 976.1.  Nomination Petitions, Papers and Certificates

Filed by Persons Running for More Than One Public Office.--Upon

receipt of a nomination petition, nomination paper or nomination

certificate from a person who has been nominated for or who is

seeking nomination for or election to more than one public

office to be filled at the same election, the Secretary of the

Commonwealth or the county board of elections shall notify such

person by overnight mail, within one day after the applicable

deadline for filing nomination petitions, papers or

certificates, that he or she may seek nomination for or election

to only one public office at any one election and that he or she

must withdraw one or more of his or her nomination petitions,

papers or certificates and affirm that he or she intends to seek

nomination for or election to the one public office referred to

in the remaining nomination petition, paper or certificate. A

person shall respond to such notice no later than the applicable

deadline for withdrawal of nomination petitions, papers or

certificates. In the event that such person fails to withdraw

one or more of his or her nomination petitions, papers or

certificates, as required under this section, all of the

nomination petitions, papers or certificates he or she has filed

shall be rejected.

Section 3.  Section 979 of the act, amended May 6, 1943

(P.L.196, No.100), is amended to read:

Section 979.  Substituted Nominations by Parties.--Any

vacancy happening or existing after the date of the primary in

any party nomination, by reason of the death or withdrawal of

any candidate after nomination, or by reason of the death before

or on the day of the primary election of a candidate for

nomination who had received a plurality of votes of his party

electors cast for the office for which he sought nomination, 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: Provided, however,

That no substitute nomination certificate shall nominate any

person who has already been nominated by any political party or

by any other political body for the same office or who has been

nominated for another public office. Upon the making of any such

substituted nomination, in accordance with the party rules, it

shall be the duty of the chairman and secretary or secretaries

of the party committee making the nomination to file with the

Secretary of the Commonwealth in the case of United States

Senator, Representative in Congress and all State officers,

including judges of courts of records, senators and

representatives, and with the proper county board of elections

in the case of other offices, a nomination certificate which

shall be signed by the chairman and secretary or secretaries of

the said committee, and which shall set forth the following:

(a) The office and district, if any, for which it is filed;

(b) the cause of the vacancy; (c) the rule or rules of the

political party, setting forth the provisions applicable to a

substituted nomination; (d) that a quorum of the committee,

caucus or convention, as provided by the party rules, duly

convened, and the names of those present at said meeting, or

their proxies; that said persons are the duly appointed or

elected members of said committee, caucus or convention; (e) the

name, residence and occupation of the candidate duly nominated

at said meeting. Every such certificate of nomination shall be

sworn to or affirmed by the chairman and secretary or

secretaries before an officer qualified to administer oaths.

Section 4.  Section 980 of the act, amended July 5, 1947

(P.L.1358, No.537), is amended to read:

Section 980.  Substituted Nominations by Political Bodies.--

In case of the death or withdrawal of any candidate nominated by

any political body by nomination papers, the committee named in

the original nomination papers may nominate a substitute in his

place by filing in the proper office a substituted nomination

certificate, which shall set forth the facts of the appointment

and powers of the committee (naming all its members), of the

death or withdrawal of the candidate and of the action of the

committee thereon, giving the name, residence and occupation of

the candidate substituted thereby, and the truth of these facts

shall be verified by the affidavit annexed to the certificate of

at least two members of the committee. In the case of a vacancy

caused by the death of any candidate, said substituted

nomination certificate shall be accompanied by a death

certificate, properly certified: Provided, however, That no

substitute nomination certificate shall nominate any person who

was a candidate for nomination by any political party for any

office to be filled at the ensuing November election, whether or

not nominated for such office by such political party, or who

has already been nominated [by any other political body] for any

office to be filled at the ensuing November or special election.

Section 5.  Section 981.1 of the act, amended May 12, 2006

(P.L.178, No.45), is amended to read:

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 the Traffic Court of Philadelphia, or for the

office of school board in a district where that office is

elective or for the office of justice of the peace, 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; and (i) that he is not a candidate for

election to more than one public office.

Section 6.  Sections 993(a), 998(a) and (b) and 1004 of the

act, amended February 19, 1986 (P.L.29, No.11), are amended to

read:

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

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 the

Traffic Court of Philadelphia, or for the office of school

director in districts where that office is elective or for the

office of justice of the peace. 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] 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 the

Traffic Court of Philadelphia, or for the office of school

director in districts where that office is elective or for the

office of justice of the peace. No such nomination certificate

or nomination paper shall nominate any person who is a candidate

for election to any other public office.

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 the Traffic

Court of Philadelphia, or for the office of school director in

districts where that office is elective or for the office of

justice of the peace. No substituted nomination certificate

shall nominate any person who is a candidate for election to any

other public office.

(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

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] 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 the Traffic Court of

Philadelphia, or for the office of school director in districts

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

the peace. No substituted nomination certificate shall nominate

any person who is a candidate for election to any other public

office.

* * *

Section 1004.  Form of Ballots; Printing Ballots; Stubs;

Numbers.--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 Traffic Court of

Philadelphia, or the office of school director in districts

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

peace be printed as a candidate for such office upon the

official primary ballot of more than one party[.]: Provided,

further, That in no event shall the name of any person

consenting to be a candidate for nomination for or election to

any one public office be printed as a candidate for nomination

for any other public office. All ballots for use in the same

election district at any primary or election shall be alike.

They shall be at least six inches long and four inches wide, and

shall have a margin extending beyond any printing thereon. They

shall be printed with the same kind of type (which shall not be

smaller than the size known as "brevier" or "eight point body")

upon white paper of uniform quality, without any impression or

mark to distinguish one from another, and with sufficient

thickness to prevent the printed matter from showing through.

Each ballot shall be attached to a stub, and all the ballots for

the same election district shall be bound together in books of

fifty, in such manner that each ballot may be detached from its

stub and removed separately. The ballots for each party to be

used at a primary shall be bound separately. The stubs of the

ballots shall be consecutively numbered, and in the case of

primary ballots, the number shall be preceded by an initial or

abbreviation designating the party name. The number and initial

or abbreviation which appears upon the stub shall also be

printed in the upper right hand corner of the back of the

ballot, separated from the remainder of the ballot by a diagonal

perforated line so prepared that the upper right hand corner of

the back of the ballot containing the number may be detached

from the ballot before it is deposited in the ballot box and

beside that corner shall also be printed, "Remove numbered stub

immediately before depositing your ballot in ballot box."

Section 7.  This act shall take effect in 60 days.