PRINTER'S NO. 2216
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1655
Session of
2017
INTRODUCED BY WHEATLEY, KINSEY, BULLOCK, D. COSTA, READSHAW,
NEILSON, J. HARRIS, FARRY AND McCLINTON, JULY 8, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 8, 2017
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, requiring drug
screening for candidates for certain elective public offices;
and, in penalties, further providing for refusal to permit
inspection of papers, for false signatures and statements in
nomination petitions and papers and for nomination petitions,
certificates and papers, destruction, fraudulent filing and
suppression.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 913 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is amended to
read:
Section 913. Place and Time of Filing Nomination Petitions;
Drug Screening Results and Drug Screening Certificates of
Compliance; Filing Fees.--(a) Nomination petitions in the case
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of candidates for the office of President of the United States,
United States Senator, Representative in Congress and for all
State offices, including senators, representatives and judges of
courts of record, for the office of delegate or alternate
delegate to National party conventions, and for the office of a
member of a State or National committee, shall be filed with the
Secretary of the Commonwealth. Nomination petitions in all other
cases shall be filed with the county boards of election of the
respective counties. Nomination petitions for candidates for any
office to be voted for by the electors of any city, borough,
township, ward or school district which is situate in two or
more counties, shall be filed with the county board of the
county in which the major number of the registered electors of
such city, borough, township, ward or school district reside.
Immediately after the last day for such candidates to withdraw
and after they have cast lots for their position on the ballots
or ballot labels, the said county board shall certify to the
county board of each other county involved a list of the names,
addresses and occupations of the candidates so filing nomination
petitions for each party, together with the order in which their
names are to appear upon the primary ballots or ballot labels,
and such other county board shall prepare the primary ballots or
ballot labels to be used in the portion of such city, borough,
township, ward or school district situate in such county
accordingly. In addition to nomination petitions, all candidates
for any State, county, city, borough, incorporated town,
township, ward, school district, poor district or election
district office, party office or party delegate or alternate
shall file drug screening results and drug screening
certificates of compliance with the location in which the
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nomination petitions are to be filed under this subsection.
(b.1) Each person filing any nomination petition shall pay
for each petition, at the time of filing, a filing fee to be
determined as follows, and no nomination petition shall be
accepted or filed, unless and until drug screening results and a
drug screening certificate of compliance are filed for the
person, if applicable, and until such filing fee is paid by a
certified check or money order or also by cash when filed with
the county board. All moneys paid on account of filing fees
shall be transmitted by the county board to the county treasurer
and shall become part of the General Fund. Certified checks or
money orders in payment of filing fees shall be made payable to
the Commonwealth of Pennsylvania or to the county, as the case
may be, and shall be transmitted to the State Treasurer or to
the county treasurer and shall become part of the General Fund.
There shall be no fee for filing drug screening results or drug
screening certificates of compliance.
1. If for the office of President of the United States, or
for any public office to be filled by the electors of the State
at large, the sum of two hundred dollars ($200.00).
2. If for the office of Representative in Congress, the sum
of one hundred fifty dollars ($150.00).
3. If for the office of judge of a court of record,
excepting judges to be voted for by the electors of the State at
large, the sum of one hundred dollars ($100.00).
4. If for the offices of Senator or Representative in the
General Assembly, for any office to be filled by the electors of
an entire county, for the office of district councilman in a
city of the first class and for any office other than school
district office to be filled by the electors of an entire city,
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the sum of one hundred dollars ($100.00), except as provided in
paragraph 4.1.
4.1. If for nonschool board offices for any third class city
official, the sum of twenty-five dollars ($25.00).
6. If for the office of delegate or alternate delegate to
National party convention, or member of National committee or
member of State committee, the sum of twenty-five dollars
($25.00).
7. If for the office of constable, the sum of ten dollars
($10.00).
8. If for the office of district councilman in a city of the
second class or the office of district justice, the sum of fifty
dollars ($50.00).
(b.2) A filing fee shall not be paid for a nomination
petition for any public office for which no compensation is
provided by law, nor for any nomination petition for any public
officer in any borough, town or township nor any party officer
except as provided above nor for any nomination petition for
judge of election or inspector of elections.
(c) The filing fees herein provided for shall not be
refunded in the event of the withdrawal of any candidate named
in any petition, or for any other cause whatsoever.
(d) All nomination petitions, drug screening results and
drug screening certificates of compliance shall be filed on or
before the tenth Tuesday prior to the primary.
(e) The office in which a nomination petition [is], drug
screening results and drug screening certificate of compliance
are filed shall issue to the person filing the nomination
petition, and drug screening results and drug screening
certificate of compliance, if applicable, a receipt containing
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the date and time of filing, the name of the candidate and the
office for which he is a candidate.
(f) Each person filing any nomination petition, and drug
screening results and a drug screening certificate of
compliance, if applicable, for public office shall be given a
statement composed by the Secretary of the Commonwealth setting
forth his duties under law to file pre-election and post-
election campaign finance reports, and the penalties for
nonfiling. Each person filing shall also be given a form to file
expenses if the amount received or expended or liabilities
incurred shall exceed the sum of two hundred fifty dollars
($250), and a form containing a sworn statement that the amount
received or expended or liabilities incurred do not exceed the
sum of two hundred fifty dollars ($250), with written
instructions prepared by the Secretary of the Commonwealth.
Within three weeks after such candidate has filed, the
appropriate supervisor shall mail the same forms and
instructions to such candidate by first class mail.
Petitions, drug screening results and drug screening
certificates of compliance to be filed in the office of the
Secretary of the Commonwealth shall be received in said office
not later than 5 o'clock P.M. on the last day for filing same,
and all petitions, drug screening results and drug screening
certificates of compliance to be filed with any county board of
elections shall be received in said office not later than the
ordinary closing hour of said office on the last day for filing
same.
Section 2. The act is amended by adding sections to read:
Section 913.1. Drug Screening of Certain Candidates.--(a)
Candidates for any State, county, city, borough, incorporated
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town, township, ward, school district, poor district, election
district, party office or party delegate or alternate shall
submit, at their own expense, to a drug test no later than ten
(10) days before submitting a nomination petition under section
913.
Section 913.2. Drug Screening Certificate of Compliance.--
(a) Each candidate for any State, county, city, borough,
incorporated town, township, ward, school district, poor
district, election district, party office or party delegate or
alternate shall file, at the time of filing a nomination
petition under section 913, a drug screening certificate of
compliance stating that such candidate has been tested for
illegal drugs and prescription medication, which has not been
prescribed for the candidate.
(b) The drug screening certificate of compliance shall
include all of the following information:
(1) The name of the candidate.
(2) The home address of the candidate.
(3) The date the drug screening was administered.
(4) The name of the physician or health care facility that
administered the drug screening.
(5) The address of the physician or health care facility
that administered the drug screening.
(6) The license number of the physician or health care
facility that administered the drug screening.
(7) A sworn statement that all of the information contained
on the certificate of compliance is correct.
(8) The signature of the candidate.
(9) The signature of the physician or health care
practitioner who administered the drug screening.
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Section 3. Sections 1803, 1804, 1813 and 1814 of the act are
amended to read:
Section 1803. Refusal to Permit Inspection of Papers;
Destruction or Removal; Secretary of the Commonwealth.--Any
Secretary of the Commonwealth, deputy, or employe of his office,
who shall refuse to permit the public inspection or copying as
authorized, except when in use in his office, by this act, of
any return, nomination petition, drug screening certificate of
compliance, certificate or paper, other petition, account,
contract, report or any other document or record in his custody
which, under the provisions of this act, is required to be open
to public inspection; or who shall destroy or alter, or permit
to be destroyed or altered, any such document or record during
the period for which the same is required to be kept in his
office; or who shall remove any such document or record from his
office during said period, or permit the same to be removed,
except pursuant to the direction of any competent court or any
committee required to determine any contested primary or
election, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding one
thousand ($1,000) dollars, or to undergo an imprisonment of not
less than one (1) month nor more than two (2) years, or both, in
the discretion of the court.
Section 1804. Refusal to Permit Inspection of Papers;
Destruction or Removal; County Boards of Elections.--Any member,
chief clerk or other employe of any county board of elections,
who shall refuse to permit the public inspection or copying, as
authorized by this act, of any general or duplicate return
sheet, tally paper, affidavit, nomination petition, drug
screening certificate of compliance, certificate or paper, other
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petition, witness list, account, contract, report or any other
document or record in the custody of such county board which,
under the provisions of this act, is required to be open to
public inspection; or who shall destroy or alter, or permit to
be destroyed or altered, any such document or record during the
period for which the same is required to be kept in the office
of such county board; or who shall remove any such document or
record from the office of such county board during said period,
or permit the same to be removed, except pursuant to the
direction of any competent court or any committee required to
determine any contested primary or election, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding one thousand ($1,000) dollars, or to
undergo an imprisonment of not less than one (1) month nor more
than two (2) years, or both, in the discretion of the court.
Section 1813. False Signatures and Statements in Nomination
Petitions and Papers and Drug Screening Certificates of
Compliance.--If any person shall knowingly make a false
statement in any affidavit required by the provisions of this
act, to be appended to or to accompany a nomination petition
[or], a nomination paper or a drug screening certificate of
compliance, or if any person shall fraudulently sign any name
not his own to any nomination petition [or], nomination paper or
drug screening certificate of compliance, or if any person shall
fraudulently alter any nomination petition [or], nomination
paper or drug screening certificate of compliance without the
consent of the signers, he shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding five hundred ($500) dollars, or to undergo
imprisonment of not more than one (1) year, or both, in the
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discretion of the court.
Section 1814. Nomination Petitions; Certificates and Papers;
Drug Screening Certificates of Compliance; Destruction;
Fraudulent Filing; Suppression.--Any person who shall falsely
make any nomination certificate or drug screening certificate of
compliance, or who shall wilfully deface or destroy any
nomination petition, nomination certificate [or], nomination
paper or drug screening certificate of compliance, or any part
thereof, or any letter of withdrawal, or who shall file any
nomination petition, nomination certificate [or], nomination
paper, drug screening certificate of compliance or letter of
withdrawal knowing the same, or any part thereof, to be falsely
made, or who shall suppress any nomination petition, nomination
certificate [or], nomination paper or drug screening certificate
of compliance, or any part thereof, which has been duly filed,
shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding one thousand
($1,000) dollars, or to undergo an imprisonment of not more than
one (1) year, or both, in the discretion of the court.
Section 4. This act shall take effect in 60 days.
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