PRINTER'S NO. 1201
No. 1029 Session of 1989
INTRODUCED BY LYNCH, JUNE 12, 1989
REFERRED TO STATE GOVERNMENT, JUNE 12, 1989
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," changing the dates for the municipal and general
12 primaries; and making editorial and related changes.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 603 of the act of June 3, 1937 (P.L.1333,
16 No.320), known as the Pennsylvania Election Code, amended
17 November 3, 1983 (P.L.208, No.59), is amended to read:
18 Section 603. General Primary; Candidates to Be Nominated and
19 Party Officers to Be Elected.--(a) There shall be a General
20 primary preceding each general election which shall be held on
21 the [third Tuesday of May] second Tuesday after the first Monday
22 of September in all even-numbered years, except in the year of
1 the nomination of a President of the United States, in which
2 year the General primary shall be held on the fourth Tuesday of
3 April. Candidates for all offices to be filled at the ensuing
4 general election shall be nominated at the General primary. The
5 vote for candidates for the office of President of the United
6 States, as provided for by this act, shall be cast at the
7 General primary.
8 (b) Notwithstanding subsection (a), the General primary for
9 [1984 shall be held on April 10, 1984.] 1992 shall be held in
10 April 1992.
11 Section 2. Section 604 of the act, amended January 14, 1952
12 (1951 P.L.1937, No.540), is amended to read:
13 Section 604. Municipal Primary; Officers to be Nominated.--
14 There shall be a Municipal primary preceding each municipal
15 election which shall be held on the [third Tuesday of May]
16 second Tuesday after the first Monday of September in all odd-
17 numbered years. Candidates for all offices to be filled at the
18 ensuing municipal election shall be nominated at the Municipal
19 primary.
20 Section 3. Section 978(a) of the act, amended July 11, 1980
21 (P.L.591, No.127), is amended to read:
22 Section 978. Withdrawal of Nominated Candidates.--(a) Any
23 person who has been nominated by any political party in
24 accordance with the provisions of this act, as a candidate for
25 the office of presidential elector, United States Senator,
26 Representative in Congress or for any State office, including
27 that of senator, representative and judge of court of record,
28 may withdraw his name from nomination by request in writing,
29 signed by him and acknowledged before an officer qualified to
30 take [acknowledgement] acknowledgment of deeds, and filed in the
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1 office of the Secretary of the Commonwealth. Any person who has
2 been similarly nominated as a candidate for any other office may
3 withdraw his name from nomination by similar request, filed with
4 the county board of elections of the proper county. Such written
5 withdrawals shall be filed with the Secretary of the
6 Commonwealth or the county board of elections, as the case may
7 be, at least [eighty-five (85)] thirty (30) days previous to the
8 day of the general or municipal election. Such withdrawals to be
9 effective must be received in the office of the Secretary of the
10 Commonwealth not later than five (5) o'clock P. M. on the last
11 day for filing same, and in the office of any county board of
12 elections not later than the ordinary closing hour of said
13 office on the last day for filing same. No name so withdrawn
14 shall be printed upon the ballot or ballot labels. No candidate
15 may withdraw any withdrawal notice already received and filed,
16 and thereby reinstate his nomination.
17 * * *
18 Section 4. Section 978.1 of the act, amended August 13, 1963
19 (P.L.707, No.379) and repealed in part April 28, 1978 (P.L.202,
20 No.53), is amended to read:
21 Section 978.1. Vacancy in Party Nomination by Failure to Pay
22 Filing Fee or for Failure to File Loyalty Oath.--Every person
23 nominated at any primary election as the candidate of any
24 political party for any office, other than a borough, town,
25 township, school district or poor district office, or the office
26 of justice of the peace, or constable, who has not paid the
27 filing fee required by section nine hundred thirteen of this
28 act, as amended, for the filing of a nomination petition for
29 such office, or who has not filed the loyalty oath required by
30 section 14, act of December 22, 1951 (P.L.1726), known as the
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1 "Pennsylvania Loyalty Act," as last amended June 19, 1961
2 (P.L.446), shall pay the amount of such fee to and file such
3 oath with the Secretary of the Commonwealth, or the county board
4 of elections, as the case may be, at least [eighty-five (85)]
5 thirty (30) days previous to the day of the general or municipal
6 election at which such candidate's name would appear on the
7 ballot. Failure to pay such fee or file such oath within the
8 time herein prescribed shall result in a vacancy in such party
9 nomination. Such vacancy shall be filled in the manner
10 hereinafter provided for the filling of such vacancies happening
11 by reason of the death or withdrawal of any candidate.
12 Section 5. Section 978.3 of the act, added January 16, 1974
13 (P.L.5, No.2), is amended to read:
14 Section 978.3. Vacancy Due to Revocation of Declaration of
15 Candidacy for Retention.--In the event a justice or a judge had
16 filed a declaration of candidacy for retention under the
17 provisions of section 15 of the Constitution of the Commonwealth
18 of Pennsylvania and thereafter, but after the thirteenth Tuesday
19 preceding the primary election and prior to [sixty (60)] thirty-
20 five (35) days preceding the municipal election revoked the
21 declaration by notifying the Secretary of the Commonwealth in
22 writing of the same, nomination to fill such vacancy shall be
23 made in accordance with section 993 of this act.
24 Section 6. Sections 981(a) and 993(b) of the act, amended
25 August 13, 1963 (P.L.707, No.379), are amended to read:
26 Section 981. Time for Filing Substituted Nomination
27 Certificates.--(a) Substituted nomination certificates to fill
28 vacancies caused by the withdrawal of candidates nominated at
29 primaries or by nomination papers shall be filed with the
30 Secretary of the Commonwealth or proper county board of
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1 elections, as the case may be, at least [seventy-five (75)]
2 twenty-five (25) days before the day of the general or municipal
3 election: Provided, however, That no substituted nomination
4 certificate by a political body may be filed until after the
5 primary election.
6 * * *
7 Section 993. Filling of Certain Vacancies in Public Office
8 by Means of Nomination Certificates and Nomination Papers.--* *
9 *
10 (b) Said nomination certificates and nomination papers for
11 State public offices and judges of courts of records shall be
12 filed in the office of the Secretary of the Commonwealth at
13 least [fifty (50)] twenty-five (25) days prior to a general or
14 municipal election, as the case may be. Nomination certificates
15 and nomination papers for public offices in counties, cities,
16 boroughs, towns, townships, wards and school districts and for
17 the offices of aldermen and justices of the peace shall be filed
18 in the office of the county board of elections at least [fifty
19 (50)] twenty-five (25) days prior to a municipal election.
20 * * *
21 Section 7. Section 1756 of the act is amended to read:
22 Section 1756. Petition; Time of Filing; Amendment.--The
23 commencement of proceedings in the case of contests of the
24 second, third, fourth and fifth classes shall be by petition,
25 which shall be made and filed, as herein required, within
26 [twenty] ten (10) days after the day of the primary or election,
27 as the case may be. The petition shall concisely set forth the
28 cause of complaint, showing wherein it is claimed that the
29 primary or election is illegal, and after filing may be amended
30 with leave of court, so as to include additional specifications
19890S1029B1201 - 5 -
1 of complaint. After any such amendment, a reasonable time shall
2 be given to the other party to answer.
3 Section 8. This act shall take effect January 1, 1990.
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