PRIOR PRINTER'S NOS. 364, 1050
PRINTER'S NO. 3618
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
342
Session of
2015
INTRODUCED BY GABLER, DeLUCA, GILLEN, JAMES, MILLARD, SANKEY,
WATSON, SIMMONS, PHILLIPS-HILL AND DAVIS, FEBRUARY 5, 2015
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 23, 2016
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," in nomination of candidates, further providing
for number of signers required for nomination petitions of
candidates at primaries., FOR NOMINATIONS BY POLITICAL
BODIES, FOR PLACE AND TIME OF FILING NOMINATION PAPERS AND
FOR OBJECTIONS TO NOMINATION PETITIONS AND PAPERS; AND
PROVIDING FOR ALLOCATION OF COSTS IN OBJECTION PROCEEDINGS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 912.1 of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
amended February 13, 1989 (P.L.1, No.1), is amended to read:
Section 912.1. Number of Signers Required for Nomination
Petitions of Candidates at Primaries.--Candidates for nomination
of offices as listed below shall present a nominating petition
containing at least as many valid signatures of registered and
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enrolled members of the proper party as listed below:
(1) President of the United States: Two thousand.
(2) United States Senate: Two thousand.
(3) Governor: Two thousand including at least one hundred
from each of at least ten counties.
(4) Lieutenant Governor: One thousand including at least one
hundred from each of at least five counties.
(5) Treasurer: One thousand including at least one hundred
from each of at least five counties.
(6) Auditor General: One thousand including at least one
hundred from each of at least five counties.
(7) Attorney General: One thousand including at least one
hundred from each of at least five counties.
(8) Justice of the Supreme Court: One thousand including at
least one hundred from each of at least five counties.
(9) Judge of the Superior Court: One thousand including at
least one hundred from each of at least five counties.
(10) Judge of the Commonwealth Court: One thousand including
at least one hundred from each of at least five counties.
(11) For any other office to be filled by the vote of the
electors of the State at large or for any other party office to
be elected by the electors of the State at large: One thousand
including at least one hundred from each of at least five
counties.
(12) Representative in Congress: One thousand.
(13) Senator in the General Assembly: Five hundred.
(14) Representative in the General Assembly: Three hundred.
(15) Public or party offices to be filled by a vote of the
electors in counties of the first class at large: One thousand.
(16) Public or party offices to be filled by a vote of the
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electors in counties of the second class at large: Five hundred.
(17) Public or party offices to be filled by a vote of the
electors in cities of the first class at large: One thousand.
(18) Public or party offices to be filled by a vote of the
electors in counties of the second class A at large: Two hundred
fifty.
(19) Public or party offices to be filled by a vote of the
electors in counties of the third class at large: Two hundred
fifty.
(20) Public or party offices to be filled by a vote of the
electors in counties of the fourth class at large: Two hundred
fifty.
(21) Public or party offices to be filled by a vote of the
electors in cities of the second class at large: Two hundred
fifty.
(22) Public or party offices to be filled by a vote of the
electors in cities of the second class A at large: One hundred.
(23) Public or party offices to be filled by a vote of the
electors in cities of the third class at large: One hundred.
(24) Public or party offices to be filled by a vote of the
electors in counties of the fifth class at large: One hundred.
(25) Public or party offices to be filled by a vote of the
electors in counties of the sixth class at large: One hundred.
(26) Public or party offices to be filled by a vote of the
electors in counties of the seventh class at large: One hundred.
(27) Public or party offices to be filled by a vote of the
electors in counties of the eighth class at large: One hundred.
(28) Office of judge of any court of record other than a
Statewide court or a court in a county of the first or second
class: Two hundred fifty.
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(29) District delegate or alternate district delegate to a
National party convention: Two hundred fifty.
(30) Member of State committee: One hundred.
(31) Office of district council member in a city of the
first class: Seven hundred fifty.
(31.1) Office of district council member in a city of the
second class: One hundred.
(32) Office of district justice: One hundred.
(33) Office of judge of election: Ten.
(34) Inspector of elections: Five.
(35) School director: Ten .
(36) All other public and party offices: Ten.
SECTION 2. SECTION 951(B) OF THE ACT, AMENDED DECEMBER 22,
1971 (P.L.613, NO.165), IS AMENDED TO READ:
SECTION 951. NOMINATIONS BY POLITICAL BODIES.--* * *
(B) [WHERE THE NOMINATION IS FOR ANY OFFICE TO BE FILLED BY
THE ELECTORS OF THE STATE AT LARGE, THE NUMBER OF QUALIFIED
ELECTORS OF THE STATE SIGNING SUCH NOMINATION PAPER SHALL BE AT
LEAST EQUAL TO TWO PER CENTUM OF THE LARGEST ENTIRE VOTE CAST
FOR ANY ELECTED CANDIDATE IN THE STATE AT LARGE AT THE LAST
PRECEDING ELECTION AT WHICH STATE-WIDE CANDIDATES WERE VOTED
FOR. IN THE CASE OF ALL OTHER NOMINATIONS, THE NUMBER OF
QUALIFIED ELECTORS OF THE ELECTORAL DISTRICT SIGNING SUCH
NOMINATION PAPERS SHALL BE AT LEAST EQUAL TO TWO PER CENTUM OF
THE LARGEST ENTIRE VOTE CAST FOR ANY OFFICER, EXCEPT A JUDGE OF
A COURT OF RECORD, ELECTED AT THE LAST PRECEDING ELECTION IN
SAID ELECTORAL DISTRICT FOR WHICH SAID NOMINATION PAPERS ARE TO
BE FILED, AND SHALL BE NOT LESS THAN THE NUMBER OF SIGNERS
REQUIRED FOR NOMINATION PETITIONS FOR PARTY CANDIDATES FOR THE
SAME OFFICE. IN CASES WHERE A NEW ELECTORAL DISTRICT SHALL HAVE
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BEEN CREATED, THE NUMBER OF QUALIFIED ELECTORS SIGNING SUCH
NOMINATION PAPERS, FOR CANDIDATES TO BE ELECTED AT THE FIRST
ELECTION HELD AFTER THE CREATION OF SUCH DISTRICT, SHALL BE AT
LEAST EQUAL TO TWO PER CENTUM OF THE LARGEST VOTE CAST IN THE
SEVERAL ELECTION DISTRICTS, WHICH ARE INCLUDED IN THE DISTRICT
NEWLY CREATED, FOR ANY OFFICER ELECTED IN THE LAST PRECEDING
ELECTION.] CANDIDATES FOR THE FOLLOWING NOMINATION OF OFFICES AS
LISTED BELOW SHALL PRESENT A NOMINATION PAPER CONTAINING AT
LEAST AS MANY VALID SIGNATURES OF QUALIFIED ELECTORS OF THE
STATE OR THE ELECTORAL DISTRICT, AS THE CASE MAY BE, AS LISTED
BELOW:
(1) PRESIDENT OF THE UNITED STATES: FIVE THOUSAND.
(2) UNITED STATES SENATE: FIVE THOUSAND.
(3) GOVERNOR: FIVE THOUSAND INCLUDING AT LEAST TWO HUNDRED
FIFTY FROM EACH OF AT LEAST TEN COUNTIES.
(4) LIEUTENANT GOVERNOR: TWO THOUSAND FIVE HUNDRED INCLUDING
AT LEAST TWO HUNDRED FIFTY FROM EACH OF AT LEAST FIVE COUNTIES.
(5) TREASURER: TWO THOUSAND FIVE HUNDRED INCLUDING AT LEAST
TWO HUNDRED FIFTY FROM EACH OF AT LEAST FIVE COUNTIES.
(6) AUDITOR GENERAL: TWO THOUSAND FIVE HUNDRED INCLUDING AT
LEAST TWO HUNDRED FIFTY FROM EACH OF AT LEAST FIVE COUNTIES.
(7) ATTORNEY GENERAL: TWO THOUSAND FIVE HUNDRED INCLUDING AT
LEAST TWO HUNDRED FIFTY FROM EACH OF AT LEAST FIVE COUNTIES.
(8) JUSTICE OF THE SUPREME COURT: TWO THOUSAND FIVE HUNDRED
INCLUDING AT LEAST TWO HUNDRED FIFTY FROM EACH OF AT LEAST FIVE
COUNTIES.
(9) JUDGE OF THE SUPERIOR COURT: TWO THOUSAND FIVE HUNDRED
INCLUDING AT LEAST TWO HUNDRED FIFTY FROM EACH OF AT LEAST FIVE
COUNTIES.
(10) JUDGE OF THE COMMONWEALTH COURT: TWO THOUSAND FIVE
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HUNDRED INCLUDING AT LEAST TWO HUNDRED FIFTY FROM EACH OF AT
LEAST FIVE COUNTIES.
(11) FOR ANY OTHER OFFICE TO BE FILLED BY THE VOTE OF THE
ELECTORS OF THE STATE AT LARGE: TWO THOUSAND FIVE HUNDRED
INCLUDING AT LEAST TWO HUNDRED FIFTY FROM EACH OF AT LEAST FIVE
COUNTIES.
(12) REPRESENTATIVE IN CONGRESS: TWO THOUSAND FIVE HUNDRED.
(13) SENATOR IN THE GENERAL ASSEMBLY: ONE THOUSAND TWO
HUNDRED FIFTY.
(14) REPRESENTATIVE IN THE GENERAL ASSEMBLY: SEVEN HUNDRED
FIFTY.
(15) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
COUNTIES OF THE FIRST CLASS AT LARGE: TWO THOUSAND FIVE HUNDRED.
(16) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
COUNTIES OF THE SECOND CLASS AT LARGE: ONE THOUSAND TWO HUNDRED
FIFTY.
(17) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
CITIES OF THE FIRST CLASS AT LARGE: TWO THOUSAND FIVE HUNDRED.
(18) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
COUNTIES OF THE SECOND CLASS A AT LARGE: SIX HUNDRED TWENTY-
FIVE.
(19) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
COUNTIES OF THE THIRD CLASS AT LARGE: SIX HUNDRED TWENTY-FIVE.
(20) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
COUNTIES OF THE FOURTH CLASS AT LARGE: SIX HUNDRED TWENTY-FIVE.
(21) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
CITIES OF THE SECOND CLASS AT LARGE: SIX HUNDRED TWENTY-FIVE.
(22) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
CITIES OF THE SECOND CLASS A AT LARGE: TWO HUNDRED FIFTY.
(23) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
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CITIES OF THE THIRD CLASS AT LARGE: TWO HUNDRED FIFTY.
(24) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
COUNTIES OF THE FIFTH CLASS AT LARGE: TWO HUNDRED FIFTY.
(25) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
COUNTIES OF THE SIXTH CLASS AT LARGE: TWO HUNDRED FIFTY.
(26) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
COUNTIES OF THE SEVENTH CLASS AT LARGE: TWO HUNDRED FIFTY.
(27) PUBLIC OFFICE TO BE FILLED BY A VOTE OF THE ELECTORS IN
COUNTIES OF THE EIGHTH CLASS AT LARGE: TWO HUNDRED FIFTY.
(28) OFFICE OF JUDGE OF ANY COURT OF RECORD OTHER THAN A
STATEWIDE COURT OR A COURT IN A COUNTY OF THE FIRST OR SECOND
CLASS: SIX HUNDRED TWENTY-FIVE.
(29) OFFICE OF DISTRICT COUNCIL MEMBER IN A CITY OF THE
FIRST CLASS: ONE THOUSAND EIGHT HUNDRED SEVENTY-FIVE.
(30) OFFICE OF DISTRICT COUNCIL MEMBER IN A CITY OF THE
SECOND CLASS: TWO HUNDRED FIFTY.
(31) OFFICE OF DISTRICT JUSTICE: TWO HUNDRED FIFTY.
(32) OFFICE OF JUDGE OF ELECTION: TWENTY-FIVE.
(33) INSPECTOR OF ELECTIONS: TWELVE.
(34) SCHOOL DIRECTORS: TWENTY-FIVE
(35) ALL OTHER PUBLIC OFFICES: TWENTY-FIVE.
* * *
SECTION 3. SECTIONS 953(B) AND (C) OF THE ACT, AMENDED JULY
12, 1980 (P.L.649, NO.134), ARE AMENDED TO READ:
SECTION 953. PLACE AND TIME OF FILING NOMINATION PAPERS.--
* * *
(B) NO NOMINATION PAPER SHALL BE CIRCULATED PRIOR TO THE
[TENTH WEDNESDAY PRIOR] FIRST WEDNESDAY SUBSEQUENT TO THE
PRIMARY, AND NO SIGNATURE SHALL BE COUNTED UNLESS IT BEARS A
DATE AFFIXED NOT EARLIER THAN THE [TENTH WEDNESDAY PRIOR] FIRST
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WEDNESDAY SUBSEQUENT TO THE PRIMARY NOR LATER THAN THE [SECOND
FRIDAY] SEVENTH WEDNESDAY SUBSEQUENT TO THE PRIMARY.
(C) ALL NOMINATION PAPERS MUST BE FILED ON OR BEFORE THE
[SECOND FRIDAY] SEVENTH WEDNESDAY SUBSEQUENT TO THE PRIMARY.
* * *
SECTION 4. SECTION 977 OF THE ACT, AMENDED FEBRUARY 13, 1998
(P.L.72, NO.18), IS AMENDED TO READ:
SECTION 977. OBJECTIONS TO NOMINATION PETITIONS AND
PAPERS.--ALL NOMINATION PETITIONS AND PAPERS RECEIVED AND FILED
WITHIN THE PERIODS LIMITED BY THIS ACT SHALL BE DEEMED TO BE
VALID, UNLESS, WITHIN SEVEN DAYS AFTER THE LAST DAY FOR FILING
SAID NOMINATION PETITION OR PAPER, A PETITION IS PRESENTED TO
THE COURT SPECIFICALLY SETTING FORTH THE OBJECTIONS THERETO, AND
PRAYING THAT THE SAID PETITION OR PAPER BE SET ASIDE. A COPY OF
SAID PETITION SHALL, WITHIN SAID PERIOD, BE SERVED ON THE
OFFICER OR BOARD WITH WHOM SAID NOMINATION PETITION OR PAPER WAS
FILED. UPON THE PRESENTATION OF SUCH A PETITION, THE COURT SHALL
MAKE AN ORDER FIXING A TIME FOR HEARING WHICH SHALL NOT BE LATER
THAN TEN DAYS AFTER THE LAST DAY FOR FILING SAID NOMINATION
PETITION OR PAPER, AND SPECIFYING THE TIME AND MANNER OF NOTICE
THAT SHALL BE GIVEN TO THE CANDIDATE OR CANDIDATES NAMED IN THE
NOMINATION PETITION OR PAPER SOUGHT TO BE SET ASIDE. ON THE DAY
FIXED FOR SAID HEARING, THE COURT SHALL PROCEED WITHOUT DELAY TO
HEAR SAID OBJECTIONS, AND SHALL GIVE SUCH HEARING PRECEDENCE
OVER OTHER BUSINESS BEFORE IT, AND SHALL FINALLY DETERMINE SAID
MATTER NOT LATER THAN FIFTEEN (15) DAYS AFTER THE LAST DAY FOR
FILING SAID NOMINATION PETITIONS OR PAPERS. IF THE COURT SHALL
FIND THAT SAID NOMINATION PETITION OR PAPER IS DEFECTIVE UNDER
THE PROVISIONS OF SECTION 976, OR DOES NOT CONTAIN A SUFFICIENT
NUMBER OF GENUINE SIGNATURES OF ELECTORS ENTITLED TO SIGN THE
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SAME UNDER THE PROVISIONS OF THIS ACT, OR WAS NOT FILED BY
PERSONS ENTITLED TO FILE THE SAME, IT SHALL BE SET ASIDE. IF THE
OBJECTIONS RELATE TO MATERIAL ERRORS OR DEFECTS APPARENT ON THE
FACE OF THE NOMINATION PETITION OR PAPER, THE COURT, AFTER
HEARING, MAY, IN ITS DISCRETION, PERMIT AMENDMENTS WITHIN SUCH
TIME AND UPON SUCH TERMS AS TO PAYMENT OF COSTS, SUBJECT TO
SECTION 977.1, AS THE SAID COURT MAY SPECIFY. [IN CASE ANY SUCH
PETITION IS DISMISSED, THE COURT SHALL MAKE SUCH ORDER AS TO THE
PAYMENT OF THE COSTS OF THE PROCEEDINGS, INCLUDING WITNESS FEES,
AS IT SHALL DEEM JUST.] IF A PERSON SHALL SIGN ANY NOMINATION
PETITIONS OR PAPERS FOR A GREATER NUMBER OF CANDIDATES THAN HE
IS PERMITTED UNDER THE PROVISIONS OF THIS ACT, IF SAID
SIGNATURES BEAR THE SAME DATE, THEY SHALL, UPON OBJECTIONS FILED
THERETO, NOT BE COUNTED ON ANY PETITION OR PAPER AND IF THEY
BEAR DIFFERENT DATES, THEY SHALL BE COUNTED IN THE ORDER OF
THEIR PRIORITY OF DATE, FOR ONLY SO MANY PERSONS AS THERE ARE
CANDIDATES TO BE NOMINATED OR ELECTED. THE OFFICE OF THE
PROTHONOTARY OF THE COMMONWEALTH COURT AND THE OFFICE OF THE
SECRETARY OF THE COMMONWEALTH AND THE VARIOUS OFFICES OF
PROTHONOTARY OF THE COURT OF COMMON PLEAS SHALL BE OPEN BETWEEN
THE HOURS OF EIGHT-THIRTY O'CLOCK A.M. AND FIVE O'CLOCK P.M. ON
THE LAST DAY TO WITHDRAW AFTER FILING NOMINATION PETITIONS AND
ON THE LAST DAY TO FILE OBJECTIONS TO NOMINATION PETITIONS.
SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 977.1. ALLOCATION OF COSTS IN OBJECTION
PROCEEDINGS.--(A) IN EACH OBJECTION PROCEEDING UNDER SECTION
977, EACH PARTY SHALL GENERALLY BEAR HIS OR HER OWN COSTS.
(B) IF THE COURT PRESIDING AT THE OBJECTION FINDS GOOD
CAUSE, THE COURT MAY MAKE AN ORDER AS TO THE PAYMENT OF COSTS OF
THE PROCEEDINGS, INCLUDING WITNESS FEES, UNDER THIS SECTION.
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(C) FOR THE PURPOSE OF THIS SECTION, THE TERM "GOOD CAUSE"
INCLUDES BUT IS NOT LIMITED TO:
(1) ENGAGING IN BAD FAITH DURING THE OBJECTION PROCEEDINGS
BEFORE THE COURT, INCLUDING BUT NOT LIMITED TO WILLFUL NON-
COMPLIANCE WITH CASE MANAGEMENT ORDERS AND MISREPRESENTATION
ABOUT THE STATUS OF A REVIEW OF SIGNATURES;
(2) FAILING TO COOPERATE DILIGENTLY WITH OTHER PARTIES IN
THE CASE WHEN ORDERED TO DO SO;
(3) SUBMITTING AND DEFENDING A NOMINATION PAPER OR
NOMINATION PETITION WHICH THE CANDIDATE NAMED IN THE NOMINATION
PAPER OR NOMINATION PETITION KNOWS OR HAS REASON TO KNOW CONTAIN
FRAUDULENT OR INVALID SIGNATURES AND PERSISTING IN DEFENDING THE
NOMINATION PAPER OR NOMINATION PETITION IN THE OBJECTION
PROCESS; OR
(4) ENGAGING IN CONDUCT WHICH IS DILATORY, OBDURATE OR
VEXATIOUS DURING THE PENDENCY OF THE PROCEEDINGS.
(D) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO PERMIT
THE ASSESSMENT OF COSTS AGAINST A PERSON WHO SUBMITS A
NOMINATION PAPER OR PETITION WITH A SIGNATURE WHICH IS INVALID
AND THE INVALID SIGNATURE WAS NEGLIGENTLY OR UNKNOWINGLY
OBTAINED AND SUBMITTED.
(E) THIS SECTION SHALL APPLY TO AN OBJECTION PROCEEDING
RELATING TO A NOMINATION PAPER AND NOMINATING PETITION. AN
OBJECTOR, THE CANDIDATE SUBMITTING A NOMINATION PAPER OR
NOMINATION PETITION OR COUNSEL FOR THE OBJECTOR OR CANDIDATE MAY
BE ORDERED TO PAY COSTS UNDER THIS SECTION.
(F) THE COURT MAY ONLY ORDER COUNSEL TO PAY COSTS BASED ON
THE CONDUCT OF COUNSEL OR A PARTY IN RELATION TO THE COURT
PROCEEDING.
(G) THE COURT MAY NOT ISSUE AN ORDER UNDER THIS SECTION
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UNLESS THE COURT MAKES, IN THE ORDER, SPECIFIC FINDINGS OF FACT
AS TO THE CONDUCT COMPLAINED OF BY THE REQUESTING PARTY AND
FULLY SETS FORTH THE DETAILS OF THE CONDUCT OF THE PARTY WHICH
IS THE SUBJECT OF THE ORDER.
SECTION 6. THE AMENDMENT OF SECTION 953(B) AND (C) OF THE
ACT SHALL APPLY TO ELECTIONS HELD AFTER JANUARY 1, 2017.
Section 2 7. This act shall take effect in 60 days
IMMEDIATELY.
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