PRIOR PRINTER'S NO. 285 PRINTER'S NO. 3693
No. 288 Session of 1999
INTRODUCED BY ROEBUCK, DONATUCCI, TIGUE, PESCI, ROBINSON AND HARHAI, FEBRUARY 2, 1999
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 12, 2000
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 the filing of reports of 12 campaign contributions and expenditures. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. The SECTION 910 OF THE act of June 3, 1937 <-- 16 (P.L.1333, No.320), known as the Pennsylvania Election Code, is <-- 17 amended by adding a section AMENDED FEBRUARY 13, 1998 (P.L.72, <-- 18 NO.18), IS AMENDED to read: 19 Section 910.1. Additional Affidavit Requirements.--(a) In <-- 20 addition to the requirements of section 910 of this act, each 21 candidate shall state in his affidavit, in relation to any prior 22 candidacy for office under this act, the following:
1 (1) That he has not knowingly violated any provision of 2 Article XVI of this act. 3 (2) That he has filed all required reports of campaign 4 contributions and expenditures under Article XVI of this act. 5 (3) That he has paid all fees, fines and penalties required 6 or assessed under Article XVI of this act. 7 (b) It shall be the duty of the Secretary of the 8 Commonwealth to check the accuracy of the statements required 9 under this section and to reject the affidavit and candidacy of 10 any person who has not complied with any applicable requirement 11 or has not made any required payment under Article XVI of this 12 act in relation to any prior candidacy of that person under this 13 act. 14 SECTION 910. AFFIDAVITS OF CANDIDATES.--EACH CANDIDATE FOR <-- 15 ANY STATE, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP, 16 WARD, SCHOOL DISTRICT, POOR DISTRICT, ELECTION DISTRICT, PARTY 17 OFFICE, PARTY DELEGATE OR ALTERNATE, OR FOR THE OFFICE OF UNITED 18 STATES SENATOR OR REPRESENTATIVE IN CONGRESS, SHALL FILE WITH 19 HIS NOMINATION PETITION HIS AFFIDAVIT STATING--(A) HIS 20 RESIDENCE, WITH STREET AND NUMBER, IF ANY, AND HIS POST-OFFICE 21 ADDRESS; (B) HIS ELECTION DISTRICT, GIVING CITY, BOROUGH, TOWN 22 OR TOWNSHIP; (C) THE NAME OF THE OFFICE FOR WHICH HE CONSENTS TO 23 BE A CANDIDATE; (D) THAT HE IS ELIGIBLE FOR SUCH OFFICE; (D.1) 24 THAT HE OR HIS AUTHORIZED POLITICAL COMMITTEE HAS NOT KNOWINGLY 25 VIOLATED ANY PROVISION OF ARTICLE XVI OF THIS ACT; (E) THAT HE 26 OR HIS AUTHORIZED POLITICAL COMMITTEE WILL NOT KNOWINGLY VIOLATE 27 ANY PROVISION OF THIS ACT, OR OF ANY LAW REGULATING AND LIMITING 28 NOMINATION AND ELECTION EXPENSES AND PROHIBITING CORRUPT 29 PRACTICES IN CONNECTION THEREWITH; (F) UNLESS HE IS A CANDIDATE 30 FOR JUDGE OF A COURT OF COMMON PLEAS, THE PHILADELPHIA MUNICIPAL 19990H0288B3693 - 2 -
1 COURT OR THE TRAFFIC COURT OF PHILADELPHIA, OR FOR THE OFFICE OF 2 SCHOOL DIRECTOR IN A DISTRICT WHERE THAT OFFICE IS ELECTIVE OR 3 FOR THE OFFICE OF JUSTICE OF THE PEACE THAT HE IS NOT A 4 CANDIDATE FOR NOMINATION FOR THE SAME OFFICE OF ANY PARTY OTHER 5 THAN THE ONE DESIGNATED IN SUCH PETITION; (G) IF HE IS A 6 CANDIDATE FOR A DELEGATE, OR ALTERNATE DELEGATE, MEMBER OF STATE 7 COMMITTEE, NATIONAL COMMITTEE OR PARTY OFFICER, THAT HE IS A 8 REGISTERED AND ENROLLED MEMBER OF THE DESIGNATED PARTY; (H) IF 9 HE IS A CANDIDATE FOR DELEGATE OR ALTERNATE DELEGATE THE 10 PRESIDENTIAL CANDIDATE TO WHOM HE IS COMMITTED OR THE TERM 11 "UNCOMMITTED"; [AND] (I) THAT HE IS AWARE OF THE PROVISIONS OF 12 SECTION 1626 OF THIS ACT REQUIRING PRE-ELECTION AND POST- 13 ELECTION REPORTING OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES; 14 (J) THAT HE OR HIS AUTHORIZED POLITICAL COMMITTEE HAS FILED ALL 15 REQUIRED REPORTS OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 16 UNDER ARTICLE XVI OF THIS ACT; AND (K) THAT HE OR HIS AUTHORIZED 17 POLITICAL COMMITTEE HAS PAID ALL FEES, FINES AND PENALTIES 18 REQUIRED OR ASSESSED UNDER ARTICLE XVI OF THIS ACT. IN CASES OF 19 PETITIONS FOR DELEGATE AND ALTERNATE DELEGATE TO NATIONAL 20 CONVENTIONS, THE CANDIDATE'S AFFIDAVIT SHALL STATE THAT HIS 21 SIGNATURE TO THE DELEGATE'S STATEMENT, AS HEREINAFTER SET FORTH, 22 IF SUCH STATEMENT IS SIGNED BY SAID CANDIDATE, WAS AFFIXED TO 23 THE SHEET OR SHEETS OF SAID PETITION PRIOR TO THE CIRCULATION OF 24 SAME. IN THE CASE OF A CANDIDATE FOR NOMINATION AS PRESIDENT OF 25 THE UNITED STATES, IT SHALL NOT BE NECESSARY FOR SUCH CANDIDATE 26 TO FILE THE AFFIDAVIT REQUIRED IN THIS SECTION TO BE FILED BY 27 CANDIDATES, BUT THE POST-OFFICE ADDRESS OF SUCH CANDIDATE SHALL 28 BE STATED IN SUCH NOMINATION PETITION. 29 Section 2. This act shall take effect immediately. L23L25DMS/19990H0288B3693 - 3 -