PRINTER'S NO. 1453
No. 1177 Session of 1989
INTRODUCED BY BAKER, CORMAN, STEWART, WENGER, PECORA, RHOADES, SHAFFER AND ANDREZESKI, JULY 11, 1989
REFERRED TO STATE GOVERNMENT, JULY 11, 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," abolishing cross filing by certain candidates. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Sections 630.1, 909, 910, first paragraph of 976, 15 981.1, 993(a), 998(a) and (b) and 1004 of the act of June 3, 16 1937 (P.L.1333, No.320), known as the Pennsylvania Election 17 Code, amended February 19, 1986 (P.L.29, No.11), are amended to 18 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 (g) 16 that he is aware of the provisions of section 1626 of this act 17 requiring election and post-election reporting of campaign 18 contributions and expenditures. In cases of certificates for 19 candidates for the General Assembly, the candidate's affidavit 20 shall state (1) that the candidate will satisfy the eligibility 21 requirements contained in sections 5 and 7 of Article II of the 22 Constitution of Pennsylvania; (2) (i) that, in the case of a 23 candidate for the office of Senator in the General Assembly, the 24 candidate will be twenty-five (25) years of age on or before the 25 first day of the term for which the candidate seeks election or 26 (ii) that, in the case of a candidate for the office of 27 Representative in the General Assembly, the candidate will be 28 twenty-one (21) years of age on or before the first day of the 29 term for which the candidate seeks election; (3) that the 30 candidate shall have been a citizen and an inhabitant of 19890S1177B1453 - 2 -
1 Pennsylvania four (4) years and an inhabitant of the respective 2 district one (1) year next before the election (unless absent on 3 the public business of the United States or of this State); and 4 (4) that the candidate has not been convicted of embezzlement of 5 public moneys, bribery, perjury or other infamous crime. 6 Section 909. Petition May Consist of Several Sheets; 7 Affidavit of Circulator.--Said nomination petition may be on one 8 or more sheets, and different sheets must be used for signers 9 resident in different counties. If more than one sheet is used, 10 they shall be bound together when offered for filing if they are 11 intended to constitute one petition, and each sheet shall be 12 numbered consecutively beginning with number one, at the foot of 13 each page. In cases of petitions for delegate or alternate 14 delegate to National conventions, each sheet shall contain a 15 notation indicating the presidential candidate to whom he is 16 committed or the term "uncommitted." Each sheet shall have 17 appended thereto the affidavit of the circulator of each sheet, 18 setting forth--(a) that he or she is a qualified elector duly 19 registered and enrolled as a member of the designated party of 20 the State, or of the political district, as the case may be, 21 referred to in said petition[, unless said petition relates to 22 the nomination of a candidate for a court of common pleas, for 23 the Philadelphia Municipal Court or for the Traffic Court of 24 Philadelphia or for justice of the peace, in which event the 25 circulator need not be a duly registered and enrolled member of 26 the designated party]; (b) his residence, giving city, borough 27 or township, with street and number, if any; (c) that the 28 signers thereto signed with full knowledge of the contents of 29 the petition; (d) that their respective residences are correctly 30 stated therein; (e) that they all reside in the county named in 19890S1177B1453 - 3 -
1 the affidavit; (f) that each signed on the date set opposite his 2 name; and (g) that, to the best of affiant's knowledge and 3 belief, the signers are qualified electors and duly registered 4 and enrolled members of the designated party of the State, or of 5 the political district, as the case may be. 6 Section 910. Affidavits of Candidates.--Each candidate for 7 any State, county, city, borough, incorporated town, township, 8 ward, school district, poor district, election district, party 9 office, party delegate or alternate, or for the office of United 10 States Senator or Representative in Congress, shall file with 11 his nomination petition his affidavit stating--(a) his 12 residence, with street and number, if any, and his post-office 13 address; (b) his election district, giving city, borough, town 14 or township; (c) the name of the office for which he consents to 15 be a candidate; (d) that he is eligible for such office; (e) 16 that he will not knowingly violate any provision of this act, or 17 of any law regulating and limiting nomination and election 18 expenses and prohibiting corrupt practices in connection 19 therewith; (f) [unless he is a candidate for judge of a court of 20 common pleas, the Philadelphia Municipal Court or the Traffic 21 Court of Philadelphia, or for the office of school director in a 22 district where that office is elective or for the office of 23 justice of the peace] that he is not a candidate for nomination 24 for the same office of any party other than the one designated 25 in such petition; (g) if he is a candidate for a delegate, or 26 alternate delegate, member of State committee, National 27 committee or party officer, that he is a registered and enrolled 28 member of the designated party; (h) if he is a candidate for 29 delegate or alternate delegate the presidential candidate to 30 whom he is committed or the term "uncommitted"; and (i) that he 19890S1177B1453 - 4 -
1 is aware of the provisions of section 1626 of this act requiring 2 pre-election and post-election reporting of campaign 3 contributions and expenditures. In cases of petitions for 4 candidates for the General Assembly, the candidate's affidavit 5 shall state (1) that the candidate will satisfy the eligibility 6 requirements contained in sections 5 and 7 of Article II of the 7 Constitution of Pennsylvania; (2) (i) that in the case of a 8 candidate for the office of Senator in the General Assembly that 9 the candidate will be twenty-five (25) years of age on or before 10 the first day of the term for which the candidate seeks election 11 or (ii) that in the case of a candidate for the office of 12 Representative in the General Assembly that the candidate will 13 be twenty-one (21) years of age on or before the first day of 14 the term for which the candidate seeks election; (3) that the 15 candidate shall have been a citizen and inhabitant of 16 Pennsylvania four (4) years and an inhabitant of the respective 17 district one (1) year next before the election (unless absent on 18 the public business of the United States or of this State); and 19 (4) that the candidate has not been convicted of embezzlement of 20 public moneys, bribery, perjury or other infamous crime. 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. 19890S1177B1453 - 5 -
1 Section 976. Examination of Nomination Petitions, 2 Certificates and Papers; Return of Rejected Nomination 3 Petitions, Certificates and Papers.--When any nomination 4 petition, nomination certificate or nomination paper is 5 presented in the office of the Secretary of the Commonwealth or 6 of any county board of elections for filing within the period 7 limited by this act, it shall be the duty of the said officer or 8 board to examine the same. No nomination petition, nomination 9 paper or nomination certificate shall be permitted to be filed 10 if--(a) it contains material errors or defects apparent on the 11 face thereof, or on the face of the appended or accompanying 12 affidavits; or (b) it contains material alterations made after 13 signing without the consent of the signers; or (c) it does not 14 contain a sufficient number of signatures as required by law; 15 Provided, however, That the Secretary of the Commonwealth or the 16 county board of elections, although not hereby required so to 17 do, may question the genuineness of any signature or signatures 18 appearing thereon, and if he or it shall thereupon find that any 19 such signature or signatures are not genuine, such signature or 20 signatures shall be disregarded in determining whether the 21 nomination petition, nomination paper or nomination certificate 22 contains a sufficient number of signatures as required by law; 23 or (d) in the case of nomination petitions, if nomination 24 petitions have been filed for printing the name of the same 25 person for the same office[, except the office of judge of a 26 court of common pleas, the Philadelphia Municipal Court or the 27 Traffic Court of Philadelphia, or the office of school director 28 in districts where that office is elective or the office of 29 justice of the peace] upon the official ballot of more than one 30 political party; or (e) in the case of nomination papers, if the 19890S1177B1453 - 6 -
1 candidate named therein has filed a nomination petition for any 2 public office for the ensuing primary, or has been nominated for 3 any such office by nomination papers previously filed; or (f) if 4 the nomination petitions or papers are not accompanied by the 5 filing fee or certified check required for said office; or (g) 6 in the case of nomination papers, the appellation set forth 7 therein is identical with or deceptively similar to the words 8 used by any existing party or by any political body which has 9 already filed nomination papers for the same office, or if the 10 appellation set forth therein contains part of the name, or an 11 abbreviation of the name or part of the name of an existing 12 political party, or of a political body which has already filed 13 nomination papers for the same office. The invalidity of any 14 sheet of a nomination petition or nomination paper shall not 15 affect the validity of such petition or paper if a sufficient 16 petition or paper remains after eliminating such invalid sheet. 17 The action of said officer or board in refusing to receive and 18 file any such nomination petition, certificate or paper, may be 19 reviewed by the court upon an application to compel its 20 reception as of the date when it was presented to the office of 21 such officer or board: Provided, however, That said officer or 22 board shall be entitled to a reasonable time in which to examine 23 any petitions, certificates or papers, and to summon and 24 interrogate the candidates named therein, or the persons 25 presenting said petitions, certificates or papers, and his or 26 their retention of same for the purpose of making such 27 examination or interrogation shall not be construed as an 28 acceptance or filing. 29 * * * 30 Section 981.1. Affidavits of Candidates.--Each candidate for 19890S1177B1453 - 7 -
1 any State, county, city, borough, incorporated town, township, 2 ward, school district, poor district or election district 3 office, or for the office of United States Senator or 4 Representative in Congress, selected as provided in sections 979 5 and 980 of this act, shall file with the substituted nomination 6 certificate an affidavit stating--(a) his residence, with street 7 and number, if any, and his post-office address; (b) his 8 election district, giving city, borough, town or township; (c) 9 the name of the office for which he consents to be a candidate; 10 (d) that he is eligible for such office; (e) that he will not 11 knowingly violate any provision of this act, or of any law 12 regulating and limiting election expenses and prohibiting 13 corrupt practices in connection therewith; (f) [unless he is a 14 candidate for judge of a court of common pleas, the Philadelphia 15 Municipal Court or the Traffic Court of Philadelphia, or for the 16 office of school board in a district where that office is 17 elective or for the office of justice of the peace,] that he is 18 not a candidate for the same office of any party or political 19 body other than the one designated in such certificate; and (g) 20 that he is aware of the provisions of section 1626 of this act 21 requiring election and post-election reporting of campaign 22 contributions and expenditures. In cases of certificates for 23 candidates for the General Assembly, the candidate's affidavit 24 shall state (1) that the candidate will satisfy the eligibility 25 requirements contained in sections 5 and 7 of Article II of the 26 Constitution of Pennsylvania; (2) (i) that, in the case of a 27 candidate for the office of Senator in the General Assembly, the 28 candidate will be twenty-five (25) years of age on or before the 29 first day of the term for which the candidate seeks election or 30 (ii) that, in the case of a candidate for the office of 19890S1177B1453 - 8 -
1 Representative in the General Assembly, the candidate will be 2 twenty-one (21) years of age on or before the first day of the 3 term for which the candidate seeks election; (3) that the 4 candidate shall have been a citizen and an inhabitant of 5 Pennsylvania four (4) years and an inhabitant of the respective 6 district one (1) year next before the election (unless absent on 7 the public business of the United States or of this State); and 8 (4) that the candidate has not been convicted of embezzlement of 9 public moneys, bribery, perjury or other infamous crime. 10 Section 993. Filling of Certain Vacancies in Public Office 11 by Means of Nomination Certificates and Nomination Papers.--(a) 12 In all cases where a vacancy shall occur for any cause in an 13 elective public office, including that of judge of a court of 14 record, at a time when such vacancy is required by the 15 provisions of the Constitution or the laws of this Commonwealth 16 to be filled at the ensuing election but at a time when 17 nominations for such office cannot be made under any other 18 provision of this act, nominations to fill such vacancies shall 19 be made by political parties in accordance with party rules 20 relating to the filling of vacancies by means of nomination 21 certificates in the form prescribed in section nine hundred 22 ninety-four of this act, and by political bodies by means of 23 nomination papers in accordance with the provisions of sections 24 nine hundred fifty-one, nine hundred fifty-two and nine hundred 25 fifty-four of this act. No such nomination certificate shall 26 nominate any person who has already been nominated by any other 27 political party or by any political body for the same office 28 [unless such person is a candidate for the office of judge of a 29 court of common pleas, the Philadelphia Municipal Court or the 30 Traffic Court of Philadelphia, or for the office of school 19890S1177B1453 - 9 -
1 director in districts where that office is elective or for the 2 office of justice of the peace]. No such nomination papers shall 3 nominate any person who has already been nominated by any 4 political party or by any other political body for any office to 5 be filled at the ensuing November election, unless such person 6 is a candidate for the office of judge of a court of common 7 pleas, the Philadelphia Municipal Court or the Traffic Court of 8 Philadelphia, or for the office of school director in districts 9 where that office is elective or for the office of justice of 10 the peace. 11 * * * 12 Section 998. Substituted Nominations to Fill Certain 13 Vacancies for a November Election.--(a) Any vacancy happening 14 or existing in any party nomination made in accordance with the 15 provisions of section nine hundred ninety-three of this act for 16 a November election by reason of the death or withdrawal of any 17 candidate may be filled by a substituted nomination made by such 18 committee as is authorized by the rules of the party to make 19 nominations in the event of vacancies on the party ticket, in 20 the form prescribed by section nine hundred ninety-four of this 21 act. But no substituted nomination certificate shall nominate 22 any person who has already been nominated by any other political 23 party or by any political body for the same office[, unless such 24 person is a candidate for the office of judge of a court of 25 common pleas, the Philadelphia Municipal Court or the Traffic 26 Court of Philadelphia, or for the office of school director in 27 districts where that office is elective or for the office of 28 justice of the peace]. 29 (b) In case of the death or withdrawal of any candidate 30 nominated by a political body for an election, the committee 19890S1177B1453 - 10 -
1 named in the original nomination papers may nominate a 2 substitute in his place by filing a substituted nomination 3 certificate in the form and manner prescribed by section nine 4 hundred eighty of this act. In the case of a vacancy caused by 5 the death of any candidate, said nomination certificate shall be 6 accompanied by a death certificate properly certified. No 7 substituted nomination certificate shall nominate any person who 8 has already been nominated by any political party or by any 9 other political body for any office to be filled at the ensuing 10 November election[, unless such person is a candidate for the 11 office of 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 director in districts where that office is 14 elective or for the office of justice of the peace]. 15 * * * 16 Section 1004. Form of Ballots; Printing Ballots; Stubs; 17 Numbers.--From the lists furnished by the Secretary of the 18 Commonwealth under the provisions of sections 915 and 984, and 19 from petitions and papers filed in their office, the county 20 election board shall print the official primary and election 21 ballots in accordance with the provisions of this act: Provided, 22 however, That in no event, shall the name of any person 23 consenting to be a candidate for nomination for any one office[, 24 except the office of judge of a court of common pleas, the 25 Philadelphia Municipal Court or the Traffic Court of 26 Philadelphia, or the office of school director in districts 27 where that office is elective or the office of justice of the 28 peace] be printed as a candidate for such office upon the 29 official primary ballot of more than one party. All ballots for 30 use in the same election district at any primary or election 19890S1177B1453 - 11 -
1 shall be alike. They shall be at least six inches long and four 2 inches wide, and shall have a margin extending beyond any 3 printing thereon. They shall be printed with the same kind of 4 type (which shall not be smaller than the size known as 5 "brevier" or "eight point body") upon white paper of uniform 6 quality, without any impression or mark to distinguish one from 7 another, and with sufficient thickness to prevent the printed 8 matter from showing through. Each ballot shall be attached to a 9 stub, and all the ballots for the same election district shall 10 be bound together in books of fifty, in such manner that each 11 ballot may be detached from its stub and removed separately. The 12 ballots for each party to be used at a primary shall be bound 13 separately. The stubs of the ballots shall be consecutively 14 numbered, and in the case of primary ballots, the number shall 15 be preceded by an initial or abbreviation designating the party 16 name. The number and initial or abbreviation which appears upon 17 the stub shall also be printed in the upper right hand corner of 18 the back of the ballot, separated from the remainder of the 19 ballot by a diagonal perforated line so prepared that the upper 20 right hand corner of the back of the ballot containing the 21 number may be detached from the ballot before it is deposited in 22 the ballot box and beside that corner shall also be printed, 23 "Remove numbered stub immediately before depositing your ballot 24 in ballot box." 25 Section 2. This act shall take effect in 60 days. F29L25JS/19890S1177B1453 - 12 -