PRINTER'S NO. 2620
No. 2050 Session of 1999
INTRODUCED BY VITALI, HENNESSEY, ROEBUCK, MICHLOVIC,
BENNINGHOFF, HANNA AND STEELMAN, NOVEMBER 9, 1999
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 9, 1999
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," providing for declarations of intent for certain
12 incumbents; further providing for place and time of filing
13 nomination petitions; and imposing a penalty.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
17 as the Pennsylvania Election Code, is amended by adding a
18 section to read:
19 Section 906.1. Declaration of Intent for Incumbents.--(a) A
20 candidate who is an incumbent shall, not more than fourteen (14)
21 days and not less than five (5) days prior to the thirteenth
22 Tuesday before the primary, file with the Secretary of the
23 Commonwealth a signed declaration of intent not to seek
1 nomination in a form prescribed by the Secretary of the
2 Commonwealth, if the candidate does not intend to seek party
3 nomination to the office for which the candidate is an incumbent
4 and the office is any of the following:
5 (1) Governor;
6 (2) Lieutenant Governor;
7 (3) Attorney General;
8 (4) Auditor General;
9 (5) State Treasurer;
10 (6) Senator in the General Assembly; or
11 (7) Representative in the General Assembly.
12 (b) If an incumbent for any such office fails to comply with
13 subsection (a), withdraws or is disqualified under this act from
14 seeking the party nomination for that office on or prior to the
15 ninth Tuesday before the primary, other candidates for that
16 office shall, notwithstanding section 913(d), file their
17 nomination petitions on or before the ninth Tuesday prior to the
18 primary.
19 (c) The Secretary of the Commonwealth shall make available
20 to the public a list of all candidates who have filed the
21 declaration required by subsection (a) no later than the close
22 of business on the fifth day prior to the thirteenth Tuesday
23 before the primary and shall send such list to the county boards
24 of elections with the notification of offices required by
25 section 905. County boards of elections shall publish the names,
26 the name of the office and district, if any, of those candidates
27 who filed the declaration required by subsection (a) for those
28 public offices voted in their respective county with the notice
29 required by section 906.
30 (d) This section shall not apply to an incumbent for any of
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1 the offices listed in subsection (a) who is prohibited under the
2 laws of this Commonwealth from seeking the party nomination for
3 that office because the incumbent has already served the maximum
4 number of terms authorized by law.
5 Section 2. Section 913(d) of the act, amended August 13,
6 1963 (P.L.707, No.379), is amended to read:
7 Section 913. Place and Time of Filing Nomination Petitions;
8 Filing Fees.--* * *
9 (d) [All] Except as otherwise provided in section 906.1(b)
10 all nomination petitions shall be filed on or before the tenth
11 Tuesday prior to the primary.
12 * * *
13 Section 3. The act is amended by adding a section to read:
14 Section 1802.2. Failure to File Declaration of Intent.--Any
15 candidate who wilfully fails to file a declaration of intent as
16 required by section 906.1 and who does so with the intent to
17 mislead other candidates as to the candidate's intent not to
18 seek party nomination to the office for which the candidate is
19 an incumbent shall be guilty of a misdemeanor, and, upon
20 conviction thereof, shall be sentenced to pay a fine not to
21 exceed one thousand ($1,000) dollars.
22 Section 4. This act shall take effect in 60 days.
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