THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, RAFFERTY, D. WHITE, GREENLEAF, VANCE AND ALLOWAY, SEPTEMBER 28, 2011

REFERRED TO STATE GOVERNMENT, SEPTEMBER 28, 2011  

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," providing for elections in the event of

catastrophic loss.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 627 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, amended August

13, 1963 (P.L.707, No.379), is amended to read:

Section 627.  Special Elections for Representative in

Congress.--[Whenever]

(a)  Except as provided in subsection (b), whenever a vacancy

shall occur or exist in the office of Representative in Congress

from [this State] Pennsylvania during a session of Congress, or

whenever such vacancy shall occur or exist at a time when the

members of Congress shall be required to meet at any time

previous to the next general election, the Governor shall issue,

within ten days after the happening of said vacancy, or after

the calling of an extraordinary session of Congress during the

existence of said vacancy, a writ of election to the proper

county board or boards of election and to the Secretary of the

Commonwealth, for a special election to fill said vacancy, which

election shall be held on a date named in said writ, which shall

not be less than sixty (60) days after the issuance of said

writ. In all other cases no such special election to fill said

vacancy shall be held. The Governor may fix, in such writ of

election, the date of the next ensuing primary or municipal

election as the date for holding any such special election.

(b)  In the event of a catastrophic loss in which a vacancy

in the office of Representative in Congress from Pennsylvania is

created, the Governor shall issue, within seven days after the

happening of said vacancy, a writ of election to the proper

county board or boards of election and to the Secretary of the

Commonwealth, for a special election to fill said vacancy, which

election shall be held on a date named in said writ, which shall

not be less than forty-five (45) days nor more than sixty (60)

days after the issuance of said writ; except that if the next

primary, municipal or general election is scheduled to occur

within ninety (90) days of the issuance of the writ of election,

the Governor may fix the date of the next ensuing primary,

municipal or general election as the date for holding any such

special election under this subsection.

(c)  When used in this section, "catastrophic loss" shall

mean a natural or man-made event that causes a vacancy in at

least one-fourth of the total number of offices of the United

States House of Representatives, including any number of offices

representing Pennsylvania or at least one-fourth of the total

number of offices representing Pennsylvania.

Section 2.  Section 629 of the act, amended October 28, 1971

(P.L.493, No.112), is amended to read:

Section 629.  Nominations for Special Election for

Representative in Congress, Senator and Representative in the

General Assembly and Member of Council or Legislative Body of

Cities, Boroughs, Towns and Townships.--

(a)  Candidates to fill vacancies in the offices of

Representative in Congress, Senator and Representative in the

General Assembly and member of the council or legislative body

of any city, borough, town or township shall be nominated by

political parties, in accordance with the party rules relating

to the filling of vacancies, by means of nomination

certificates, in the form prescribed in section 630 of this act;

and by political bodies, by means of nomination papers, in

accordance with the provisions of sections 951, 952 and 954 of

this act. [Said] Except as provided in subsection (b), said 

nomination certificates and nomination papers for the office of

Representative in Congress, Senator and Representative in the

General Assembly shall be filed in the office of the Secretary

of the Commonwealth not later than fifty (50) days prior to the

date of the special election, and for the office of member of

the council or legislative body of a city, borough, town or

township, in the office of the county board of elections wherein

such city, borough, town or township is situate, not later than

fifteen (15) days after the issuance of the writ of election.

(b)  Nomination certificates and nominating papers for the

office of Representative in Congress filed pursuant to section

627(b) shall be filed in the office of the Secretary of the

Commonwealth not later than thirty (30) days prior to the date

of the special election.

Section 3.  Section 636 of the act, amended August 13, 1963

(P.L.707, No.379), is amended to read:

Section 636.  Certification by Secretary of the Commonwealth

of Candidates for Special Elections.--[The]

(a)  Except as provided in subsection (b), the Secretary of

the Commonwealth shall, not later than the thirtieth (30th) day

next preceding the day fixed for any special election to fill a

vacancy in the offices of United States Senator, Representative

in Congress, Senator and Representative in the General Assembly,

certify to the proper county board or boards the names and

residences of, and parties or political bodies represented by,

all candidates whose nomination certificates or papers have been

filed with him, as herein provided, for such election, and have

not been found and declared invalid, and to be voted for in the

county or any district or districts thereof, substantially in

the form of the ballots to be used therein.

(b)  For special elections under section 627(b), the

Secretary of the Commonwealth shall, not later than the

eighteenth (18th) day next preceding the day fixed for the

special election to fill a vacancy in the office of

Representative in Congress, certify to the proper county board

or boards the names and residences of, and parties or political

bodies represented by, all candidates whose nomination

certificates or papers have been filed with him, as herein

provided, for such election, and have not been found and

declared invalid, and to be voted for in the county or any

district or districts thereof, substantially in the form of the

ballots to be used therein.

Section 4.  This act shall take effect in 60 days.