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        PRIOR PRINTER'S NO. 285                       PRINTER'S NO. 3693

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 288 Session of 1999


        INTRODUCED BY ROEBUCK, DONATUCCI, TIGUE, PESCI, ROBINSON AND
           HARHAI, FEBRUARY 2, 1999

        AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 12, 2000

                                     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," further providing for the filing of reports of
    12     campaign contributions and expenditures.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  The SECTION 910 OF THE act of June 3, 1937         <--
    16  (P.L.1333, No.320), known as the Pennsylvania Election Code, is   <--
    17  amended by adding a section AMENDED FEBRUARY 13, 1998 (P.L.72,    <--
    18  NO.18), IS AMENDED to read:
    19     Section 910.1.  Additional Affidavit Requirements.--(a)  In    <--
    20  addition to the requirements of section 910 of this act, each
    21  candidate shall state in his affidavit, in relation to any prior
    22  candidacy for office under this act, the following:

     1     (1)  That he has not knowingly violated any provision of
     2  Article XVI of this act.
     3     (2)  That he has filed all required reports of campaign
     4  contributions and expenditures under Article XVI of this act.
     5     (3)  That he has paid all fees, fines and penalties required
     6  or assessed under Article XVI of this act.
     7     (b)  It shall be the duty of the Secretary of the
     8  Commonwealth to check the accuracy of the statements required
     9  under this section and to reject the affidavit and candidacy of
    10  any person who has not complied with any applicable requirement
    11  or has not made any required payment under Article XVI of this
    12  act in relation to any prior candidacy of that person under this
    13  act.
    14     SECTION 910.  AFFIDAVITS OF CANDIDATES.--EACH CANDIDATE FOR    <--
    15  ANY STATE, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP,
    16  WARD, SCHOOL DISTRICT, POOR DISTRICT, ELECTION DISTRICT, PARTY
    17  OFFICE, PARTY DELEGATE OR ALTERNATE, OR FOR THE OFFICE OF UNITED
    18  STATES SENATOR OR REPRESENTATIVE IN CONGRESS, SHALL FILE WITH
    19  HIS NOMINATION PETITION HIS AFFIDAVIT STATING--(A) HIS
    20  RESIDENCE, WITH STREET AND NUMBER, IF ANY, AND HIS POST-OFFICE
    21  ADDRESS; (B) HIS ELECTION DISTRICT, GIVING CITY, BOROUGH, TOWN
    22  OR TOWNSHIP; (C) THE NAME OF THE OFFICE FOR WHICH HE CONSENTS TO
    23  BE A CANDIDATE; (D) THAT HE IS ELIGIBLE FOR SUCH OFFICE; (D.1)
    24  THAT HE OR HIS AUTHORIZED POLITICAL COMMITTEE HAS NOT KNOWINGLY
    25  VIOLATED ANY PROVISION OF ARTICLE XVI OF THIS ACT; (E) THAT HE
    26  OR HIS AUTHORIZED POLITICAL COMMITTEE WILL NOT KNOWINGLY VIOLATE
    27  ANY PROVISION OF THIS ACT, OR OF ANY LAW REGULATING AND LIMITING
    28  NOMINATION AND ELECTION EXPENSES AND PROHIBITING CORRUPT
    29  PRACTICES IN CONNECTION THEREWITH; (F) UNLESS HE IS A CANDIDATE
    30  FOR JUDGE OF A COURT OF COMMON PLEAS, THE PHILADELPHIA MUNICIPAL
    19990H0288B3693                  - 2 -

     1  COURT OR THE TRAFFIC COURT OF PHILADELPHIA, OR FOR THE OFFICE OF
     2  SCHOOL DIRECTOR IN A DISTRICT WHERE THAT OFFICE IS ELECTIVE OR
     3  FOR THE OFFICE OF JUSTICE OF THE PEACE THAT HE IS NOT A
     4  CANDIDATE FOR NOMINATION FOR THE SAME OFFICE OF ANY PARTY OTHER
     5  THAN THE ONE DESIGNATED IN SUCH PETITION; (G) IF HE IS A
     6  CANDIDATE FOR A DELEGATE, OR ALTERNATE DELEGATE, MEMBER OF STATE
     7  COMMITTEE, NATIONAL COMMITTEE OR PARTY OFFICER, THAT HE IS A
     8  REGISTERED AND ENROLLED MEMBER OF THE DESIGNATED PARTY; (H) IF
     9  HE IS A CANDIDATE FOR DELEGATE OR ALTERNATE DELEGATE THE
    10  PRESIDENTIAL CANDIDATE TO WHOM HE IS COMMITTED OR THE TERM
    11  "UNCOMMITTED"; [AND] (I) THAT HE IS AWARE OF THE PROVISIONS OF
    12  SECTION 1626 OF THIS ACT REQUIRING PRE-ELECTION AND POST-
    13  ELECTION REPORTING OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES;
    14  (J) THAT HE OR HIS AUTHORIZED POLITICAL COMMITTEE HAS FILED ALL
    15  REQUIRED REPORTS OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
    16  UNDER ARTICLE XVI OF THIS ACT; AND (K) THAT HE OR HIS AUTHORIZED
    17  POLITICAL COMMITTEE HAS PAID ALL FEES, FINES AND PENALTIES
    18  REQUIRED OR ASSESSED UNDER ARTICLE XVI OF THIS ACT. IN CASES OF
    19  PETITIONS FOR DELEGATE AND ALTERNATE DELEGATE TO NATIONAL
    20  CONVENTIONS, THE CANDIDATE'S AFFIDAVIT SHALL STATE THAT HIS
    21  SIGNATURE TO THE DELEGATE'S STATEMENT, AS HEREINAFTER SET FORTH,
    22  IF SUCH STATEMENT IS SIGNED BY SAID CANDIDATE, WAS AFFIXED TO
    23  THE SHEET OR SHEETS OF SAID PETITION PRIOR TO THE CIRCULATION OF
    24  SAME. IN THE CASE OF A CANDIDATE FOR NOMINATION AS PRESIDENT OF
    25  THE UNITED STATES, IT SHALL NOT BE NECESSARY FOR SUCH CANDIDATE
    26  TO FILE THE AFFIDAVIT REQUIRED IN THIS SECTION TO BE FILED BY
    27  CANDIDATES, BUT THE POST-OFFICE ADDRESS OF SUCH CANDIDATE SHALL
    28  BE STATED IN SUCH NOMINATION PETITION.
    29     Section 2.  This act shall take effect immediately.

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