THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, COSTA, WILLIAMS, TARTAGLIONE, KASUNIC, WAUGH, DINNIMAN, FONTANA, EARLL, WOZNIAK, EICHELBERGER, SOLOBAY, BREWSTER, FARNESE, FERLO, STACK AND LEACH, FEBRUARY 25, 2011

REFERRED TO STATE GOVERNMENT, FEBRUARY 25, 2011  

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," further providing for special elections for

Senator and Representative in the General Assembly.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 628 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, amended

February 13, 1998 (P.L.72, No.18), is amended to read:

Section 628.  Special Elections for Senator and

Representative in the General Assembly.--Whenever a vacancy

shall occur in either house of the General Assembly whether or

not it then be in session, the presiding officer of such house

shall, within ten (10) days after the happening of the vacancy,

issue a writ of election to the proper county board or boards of

election and to the Secretary of the Commonwealth, for a special

election to fill said vacancy, which election shall be held at

the next ensuing primary, municipal or general election

scheduled at least sixty (60) days after the issuance of the

writ [or such other earlier date which is at least sixty (60)

days following the issuance of the writ as the presiding officer

may deem appropriate: Provided, however, That should the

Governor after the issuance of the said writ of election advise

the presiding officer that the General Assembly will be called

into extraordinary session prior to the date set for such

special election, the presiding officer may countermand the writ

theretofore issued and shall issue a new writ of election,

fixing therein such earlier date therefor as is deemed

expedient, but which shall not be less than sixty (60) days

after the issuance of said writ: Provided further,]: Provided,

however, That if the vacancy shall occur less than seven (7)

months prior to the expiration of the term, a special election

shall be held only if in the opinion of the presiding officer

the election is in the public interest.

Section 2.  This act shall take effect in 60 days.