PRINTER'S NO. 1814
No. 1540 Session of 1979
INTRODUCED BY COHEN, BROWN, ZWIKL, KUKOVICH, STEWART, DeWEESE,
B. D. CLARK, PISTELLA, CAPPABIANCA AND ZITTERMAN,
JUNE 22, 1979
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 22, 1979
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 nomination petitions of
12 delegates and alternates to national conventions who are
13 pledged to possible presidential candidates.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Sections 809.1 and 907, act of June 3, 1937
17 (P.L.1333, No.320), known as the "Pennsylvania Election Code,"
18 added or amended December 22, 1971 (P.L.613, No.165), are
19 amended to read:
20 Section 809.1. Delegate and Alternate Delegate Commitments;
21 Authorization Required; Petitions.--(a) Whenever [the rules of
22 a party provide that] a candidate for delegate or alternate
23 delegate to a National convention of a political party may
1 pledge his support to a presidential candidate, he shall be
2 committed to support and vote for the nomination of that
3 candidate as President [as party rules provide] on the first
4 ballot of a nominating convention, the notation of which shall
5 be printed upon the ballot in accordance with section 1002 of
6 this act.
7 (b) No candidate for delegate or alternate delegate shall
8 make a commitment unless he has obtained prior authorization to
9 do so from the presidential candidate to whom he is pledging
10 support or from a State or National officer of a committee to
11 draft a person who has not announced his candidacy for
12 President. No candidate for delegate or alternate delegate shall
13 be allowed to commit himself to any presidential candidate nor
14 shall the Secretary of the Commonwealth cause any notation of
15 commitment to be printed on any ballot unless the presidential
16 candidate forwards notice to the Secretary of the Commonwealth,
17 upon a form prescribed by the secretary, that [he is a] such
18 candidate or committee for the nomination of President of the
19 United States [and that he] authorizes delegates and alternate
20 delegates to pledge their support and commit themselves to [him]
21 such candidate or possible candidate. This notice must be
22 received by the secretary [at least fifteen days prior to the
23 first day on which nomination petitions may be circulated for
24 the offices which are to be filled at the Spring primaries in
25 the years in which candidates for the President of the United
26 States are to be nominated] on or before the time that
27 nomination petitions are required to be filed.
28 (c) Nomination petitions for delegates committed to
29 particular presidential candidates shall bear the imprint of the
30 seal of the Secretary of the Commonwealth and may be obtained
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1 only from the presidential candidate or his duly authorized
2 representative who is certified by the Secretary of the
3 Commonwealth as being authorized by the candidate to distribute
4 nomination petitions bearing his name.
5 Section 907. Nomination Petitions to Be Filed.--The names of
6 candidates for nomination as President of the United States, and
7 the names of all other candidates for party nominations, and for
8 election as delegates, alternate delegates, members of
9 committees and other party officers, shall be printed upon the
10 official primary ballots or ballot labels of a designated party,
11 upon the filing of separate nomination petitions in their
12 behalf, in form prescribed by the Secretary of the Commonwealth,
13 signed by duly registered and enrolled members of such party who
14 are qualified electors of the State, or of the political
15 district, as the case may be, within which the nomination is to
16 be made or election is to be held. Nomination petitions of
17 delegates and alternate delegates to National conventions
18 committed to support a particular presidential candidate must be
19 signed by the particular presidential candidate to whom support
20 is pledged or, if the possible presidential candidate to whom
21 support is pledged has not announced his candidacy, by a State
22 or National officer of a committee to draft such person, before
23 it can be certified by the Secretary of the Commonwealth. The
24 name of no candidate shall be placed upon the official ballots
25 or ballot labels of a political party to be used at any primary,
26 unless such petition shall have been filed in his behalf. In no
27 event shall any person's name be printed upon the official
28 ballots or ballot labels of any party for the office of
29 delegate, alternate delegate, member of committee or other party
30 officer, unless he is a duly registered and enrolled member of
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1 said party.
2 Section 2. This act shall take effect immediately.
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