PRINTER'S NO. 3888
No. 2814 Session of 1998
INTRODUCED BY DRUCE, MASLAND, DENT, STERN, ROSS, BOSCOLA, TRUE,
E. Z. TAYLOR, SAYLOR, NAILOR, STEIL, FARGO, WAUGH, BATTISTO,
VANCE, FICHTER, GODSHALL, WILT, McILHINNEY, MELIO,
C. WILLIAMS, THOMAS AND MAHER, SEPTEMBER 29, 1998
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 29, 1998
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 affidavits of candidates, for
12 nomination petitions, for substituted nominations, for
13 vacancies and for form of ballots.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Sections 630.1 and 910 of the act of June 3, 1937
17 (P.L.1333, No.320), known as the Pennsylvania Election Code,
18 amended February 13, 1998 (P.L.72, No.18), are amended to read:
19 Section 630.1. Affidavits of Candidates.--Each candidate for
20 any State, county, city, borough, incorporated town, township,
21 school district or poor district office, or for the office of
22 United States Senator or Representative in Congress, selected as
1 provided in section 630 of this act, shall file with the
2 nomination certificate an affidavit stating--(a) his residence,
3 with street and number, if any, and his post-office address; (b)
4 his election district, giving city, borough, town or township;
5 (c) the name of the office for which he consents to be a
6 candidate; (d) that he is eligible for such office; (e) that he
7 will not knowingly violate any provision of this act, or of any
8 law regulating and limiting election expenses and prohibiting
9 corrupt practices in connection therewith; (f) unless he is a
10 candidate for judge of a court of common pleas, the Philadelphia
11 Municipal Court or the Traffic Court of Philadelphia, or for the
12 office of school board in a district where that office is
13 elective or for the office of justice of the peace, that he is
14 not a candidate for the same office of any party or political
15 body other than the one designated in such certificate; [and]
16 (g) that he is aware of the provisions of section 1626 of this
17 act requiring election and post-election reporting of campaign
18 contributions and expenditures[.]; and (h) that he is not a
19 candidate for nomination for or election to more than one public
20 office to be filled at the special election or any primary,
21 municipal or general election held on the same date.
22 Section 910. Affidavits of Candidates.--Each candidate for
23 any State, county, city, borough, incorporated town, township,
24 ward, school district, poor district, election district, party
25 office, party delegate or alternate, or for the office of United
26 States Senator or Representative in Congress, shall file with
27 his nomination petition his affidavit stating--(a) his
28 residence, with street and number, if any, and his post-office
29 address; (b) his election district, giving city, borough, town
30 or township; (c) the name of the office for which he consents to
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1 be a candidate; (d) that he is eligible for such office; (e)
2 that he will not knowingly violate any provision of this act, or
3 of any law regulating and limiting nomination and election
4 expenses and prohibiting corrupt practices in connection
5 therewith; (f) unless he is a candidate for judge of a court of
6 common pleas, the Philadelphia Municipal Court or the Traffic
7 Court of Philadelphia, or for the office of school director in a
8 district where that office is elective or for the office of
9 justice of the peace that he is not a candidate for nomination
10 for the same office of any party other than the one designated
11 in such petition; (g) if he is a candidate for a delegate, or
12 alternate delegate, member of State committee, National
13 committee or party officer, that he is a registered and enrolled
14 member of the designated party; (h) if he is a candidate for
15 delegate or alternate delegate the presidential candidate to
16 whom he is committed or the term "uncommitted"; [and] (i) that
17 he is aware of the provisions of section 1626 of this act
18 requiring pre-election and post-election reporting of campaign
19 contributions and expenditures[.]; and (j) that he is not a
20 candidate for nomination for more than one public office. In
21 cases of petitions for delegate and alternate delegate to
22 National conventions, the candidate's affidavit shall state that
23 his signature to the delegate's statement, as hereinafter set
24 forth, if such statement is signed by said candidate, was
25 affixed to the sheet or sheets of said petition prior to the
26 circulation of same. In the case of a candidate for nomination
27 as President of the United States, it shall not be necessary for
28 such candidate to file the affidavit required in this section to
29 be filed by candidates, but the post-office address of such
30 candidate shall be stated in such nomination petition.
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1 Section 2. The act is amended by adding a section to read:
2 Section 976.1. Nomination Petitions, Papers and Certificates
3 Filed by Persons Running for More Than One Public Office.--Upon
4 receipt of a nomination petition, nomination paper or nomination
5 certificate from a person who has been nominated for or who is
6 seeking nomination for or election to more than one public
7 office to be filled at the same election, the Secretary of the
8 Commonwealth or the county board of elections shall notify such
9 person by overnight mail, within one day after the applicable
10 deadline for filing nomination petitions, papers or
11 certificates, that he or she may seek nomination for or election
12 to only one public office at any one election and that he or she
13 must withdraw one or more of his or her nomination petitions,
14 papers or certificates and affirm that he or she intends to seek
15 nomination for or election to the one public office referred to
16 in the remaining nomination petition, paper or certificate. A
17 person shall respond to such notice no later than the applicable
18 deadline for withdrawal of nomination petitions, papers or
19 certificates. In the event that such person fails to withdraw
20 one or more of his or her nomination petitions, papers or
21 certificates, as required under this section, all of the
22 nomination petitions, papers or certificates he or she has filed
23 shall be rejected.
24 Section 3. Section 979 of the act, amended May 6, 1943
25 (P.L.196, No.100), is amended to read:
26 Section 979. Substituted Nominations by Parties.--Any
27 vacancy happening or existing after the date of the primary in
28 any party nomination, by reason of the death or withdrawal of
29 any candidate after nomination, or by reason of the death before
30 or on the day of the primary election of a candidate for
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1 nomination who had received a plurality of votes of his party
2 electors cast for the office for which he sought nomination, may
3 be filled by a substituted nomination made by such committee as
4 is authorized by the rules of the party to make nominations in
5 the event of vacancies on the party ticket: Provided, however,
6 That no substitute nomination certificate shall nominate any
7 person who has already been nominated by any political party or
8 by any other political body for the same office or who has been
9 nominated for another public office. Upon the making of any such
10 substituted nomination, in accordance with the party rules, it
11 shall be the duty of the chairman and secretary or secretaries
12 of the party committee making the nomination to file with the
13 Secretary of the Commonwealth in the case of United States
14 Senator, Representative in Congress and all State officers,
15 including judges of courts of records, senators and
16 representatives, and with the proper county board of elections
17 in the case of other offices, a nomination certificate which
18 shall be signed by the chairman and secretary or secretaries of
19 the said committee, and which shall set forth the following:
20 (a) The office and district, if any, for which it is filed;
21 (b) the cause of the vacancy; (c) the rule or rules of the
22 political party, setting forth the provisions applicable to a
23 substituted nomination; (d) that a quorum of the committee,
24 caucus or convention, as provided by the party rules, duly
25 convened, and the names of those present at said meeting, or
26 their proxies; that said persons are the duly appointed or
27 elected members of said committee, caucus or convention; (e) the
28 name, residence and occupation of the candidate duly nominated
29 at said meeting. Every such certificate of nomination shall be
30 sworn to or affirmed by the chairman and secretary or
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1 secretaries before an officer qualified to administer oaths.
2 Section 4. Section 980 of the act, amended July 5, 1947
3 (P.L.1358, No.537), is amended to read:
4 Section 980. Substituted Nominations by Political Bodies.--
5 In case of the death or withdrawal of any candidate nominated by
6 any political body by nomination papers, the committee named in
7 the original nomination papers may nominate a substitute in his
8 place by filing in the proper office a substituted nomination
9 certificate, which shall set forth the facts of the appointment
10 and powers of the committee (naming all its members), of the
11 death or withdrawal of the candidate and of the action of the
12 committee thereon, giving the name, residence and occupation of
13 the candidate substituted thereby, and the truth of these facts
14 shall be verified by the affidavit annexed to the certificate of
15 at least two members of the committee. In the case of a vacancy
16 caused by the death of any candidate, said substituted
17 nomination certificate shall be accompanied by a death
18 certificate, properly certified: Provided, however, That no
19 substitute nomination certificate shall nominate any person who
20 was a candidate for nomination by any political party for any
21 office to be filled at the ensuing November election, whether or
22 not nominated for such office by such political party, or who
23 has already been nominated [by any other political body] for any
24 office to be filled at the ensuing November or special election.
25 Section 5. Section 981.1 of the act, amended February 13,
26 1998 (P.L.72, No.18), is amended to read:
27 Section 981.1. Affidavits of Candidates.--Each candidate for
28 any State, county, city, borough, incorporated town, township,
29 ward, school district, poor district or election district
30 office, or for the office of United States Senator or
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1 Representative in Congress, selected as provided in sections 979
2 and 980 of this act, shall file with the substituted nomination
3 certificate an affidavit stating--(a) his residence, with street
4 and number, if any, and his post-office address; (b) his
5 election district, giving city, borough, town or township; (c)
6 the name of the office for which he consents to be a candidate;
7 (d) that he is eligible for such office; (e) that he will not
8 knowingly violate any provision of this act, or of any law
9 regulating and limiting election expenses and prohibiting
10 corrupt practices in connection therewith; (f) unless he is a
11 candidate for judge of a court of common pleas, the Philadelphia
12 Municipal Court or the Traffic Court of Philadelphia, or for the
13 office of school board in a district where that office is
14 elective or for the office of justice of the peace, that he is
15 not a candidate for the same office of any party or political
16 body other than the one designated in such certificate; [and]
17 (g) that he is aware of the provisions of section 1626 of this
18 act requiring election and post-election reporting of campaign
19 contributions and expenditures[.]; and (h) that he is not a
20 candidate for election to more than one public office.
21 Section 6. Sections 993(a), 998(a) and (b) and 1004 of the
22 act, amended February 19, 1986 (P.L.29, No.11), are amended to
23 read:
24 Section 993. Filling of Certain Vacancies in Public Office
25 by Means of Nomination Certificates and Nomination Papers.--(a)
26 In all cases where a vacancy shall occur for any cause in an
27 elective public office, including that of judge of a court of
28 record, at a time when such vacancy is required by the
29 provisions of the Constitution or the laws of this Commonwealth
30 to be filled at the ensuing election but at a time when
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1 nominations for such office cannot be made under any other
2 provision of this act, nominations to fill such vacancies shall
3 be made by political parties in accordance with party rules
4 relating to the filling of vacancies by means of nomination
5 certificates in the form prescribed in section nine hundred
6 ninety-four of this act, and by political bodies by means of
7 nomination papers in accordance with the provisions of sections
8 nine hundred fifty-one, nine hundred fifty-two and nine hundred
9 fifty-four of this act. No such nomination certificate shall
10 nominate any person who has already been nominated by any other
11 political party or by any political body for the same office
12 unless such person is a candidate for the office of judge of a
13 court of common pleas, the Philadelphia Municipal Court or the
14 Traffic Court of Philadelphia, or for the office of school
15 director in districts where that office is elective or for the
16 office of justice of the peace. No such nomination papers shall
17 nominate any person who has already been nominated by any
18 political party or by any other political body for [any office
19 to be filled at the ensuing November election] the same office,
20 unless such person is a candidate for the office of judge of a
21 court of common pleas, the Philadelphia Municipal Court or the
22 Traffic Court of Philadelphia, or for the office of school
23 director in districts where that office is elective or for the
24 office of justice of the peace. No such nomination certificate
25 or nomination paper shall nominate any person who is a candidate
26 for election to any other public office.
27 Section 998. Substituted Nominations to Fill Certain
28 Vacancies for a November Election.--(a) Any vacancy happening
29 or existing in any party nomination made in accordance with the
30 provisions of section nine hundred ninety-three of this act for
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1 a November election by reason of the death or withdrawal of any
2 candidate may be filled by a substituted nomination made by such
3 committee as is authorized by the rules of the party to make
4 nominations in the event of vacancies on the party ticket, in
5 the form prescribed by section nine hundred ninety-four of this
6 act. But no substituted nomination certificate shall nominate
7 any person who has already been nominated by any other political
8 party or by any political body for the same office, unless such
9 person is a candidate for the office of judge of a court of
10 common pleas, the Philadelphia Municipal Court or the Traffic
11 Court of Philadelphia, or for the office of school director in
12 districts where that office is elective or for the office of
13 justice of the peace. No substituted nomination certificate
14 shall nominate any person who is a candidate for election to any
15 other public office.
16 (b) In case of the death or withdrawal of any candidate
17 nominated by a political body for an election, the committee
18 named in the original nomination papers may nominate a
19 substitute in his place by filing a substituted nomination
20 certificate in the form and manner prescribed by section nine
21 hundred eighty of this act. In the case of a vacancy caused by
22 the death of any candidate, said nomination certificate shall be
23 accompanied by a death certificate properly certified. No
24 substituted nomination certificate shall nominate any person who
25 has already been nominated by any political party or by any
26 other political body for [any office to be filled at the ensuing
27 November election] the same office, unless such person is a
28 candidate for the office of judge of a court of common pleas,
29 the Philadelphia Municipal Court or the Traffic Court of
30 Philadelphia, or for the office of school director in districts
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1 where that office is elective or for the office of justice of
2 the peace. No substituted nomination certificate shall nominate
3 any person who is a candidate for election to any other public
4 office.
5 * * *
6 Section 1004. Form of Ballots; Printing Ballots; Stubs;
7 Numbers.--From the lists furnished by the Secretary of the
8 Commonwealth under the provisions of sections 915 and 984, and
9 from petitions and papers filed in their office, the county
10 election board shall print the official primary and election
11 ballots in accordance with the provisions of this act: Provided,
12 however, That in no event, shall the name of any person
13 consenting to be a candidate for nomination for any one office,
14 except the office of judge of a court of common pleas, the
15 Philadelphia Municipal Court or the Traffic Court of
16 Philadelphia, or the office of school director in districts
17 where that office is elective or the office of justice of the
18 peace be printed as a candidate for such office upon the
19 official primary ballot of more than one party[.]: Provided,
20 further, That in no event shall the name of any person
21 consenting to be a candidate for nomination for or election to
22 any one public office be printed as a candidate for nomination
23 for any other public office. All ballots for use in the same
24 election district at any primary or election shall be alike.
25 They shall be at least six inches long and four inches wide, and
26 shall have a margin extending beyond any printing thereon. They
27 shall be printed with the same kind of type (which shall not be
28 smaller than the size known as "brevier" or "eight point body")
29 upon white paper of uniform quality, without any impression or
30 mark to distinguish one from another, and with sufficient
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1 thickness to prevent the printed matter from showing through.
2 Each ballot shall be attached to a stub, and all the ballots for
3 the same election district shall be bound together in books of
4 fifty, in such manner that each ballot may be detached from its
5 stub and removed separately. The ballots for each party to be
6 used at a primary shall be bound separately. The stubs of the
7 ballots shall be consecutively numbered, and in the case of
8 primary ballots, the number shall be preceded by an initial or
9 abbreviation designating the party name. The number and initial
10 or abbreviation which appears upon the stub shall also be
11 printed in the upper right hand corner of the back of the
12 ballot, separated from the remainder of the ballot by a diagonal
13 perforated line so prepared that the upper right hand corner of
14 the back of the ballot containing the number may be detached
15 from the ballot before it is deposited in the ballot box and
16 beside that corner shall also be printed, "Remove numbered stub
17 immediately before depositing your ballot in ballot box."
18 Section 7. This act shall take effect in 60 days.
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