PRIOR PRINTER'S NO. 1043 PRINTER'S NO. 2255
No. 924 Session of 2001
INTRODUCED BY MAYERNIK, METCALFE, HERSHEY, MARSICO, WILT,
L. I. COHEN, COSTA, CRUZ, CURRY, FRANKEL, FREEMAN, GEORGE,
GRUCELA, HARHAI, HENNESSEY, HORSEY, JAMES, KELLER, LAUGHLIN,
MANN, McCALL, READSHAW, SAINATO, B. SMITH, STEELMAN, TIGUE
AND WANSACZ, MARCH 13, 2001
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 18, 2001
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 DISTRICT ELECTION BOARDS, <--
12 FOR APPOINTMENT OF WATCHERS, FOR manner of signing nominating
13 petitions OR PAPERS AND FOR NUMBER OF SIGNERS REQUIRED FOR <--
14 NOMINATION PETITIONS FOR CANDIDATES AT PRIMARIES.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 908 of the act of June 3, 1937 (P.L.1333, <--
18 No.320), known as the Pennsylvania Election Code, amended August
19 13, 1963 (P.L.707, No.379), is amended to read:
20 SECTION 1. SECTION 401 OF THE ACT OF JUNE 3, 1937 (P.L.1333, <--
21 NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, AMENDED
22 FEBRUARY 10, 1956 (P.L.1019, NO.319), IS AMENDED TO READ:
1 SECTION 401. DISTRICT ELECTION BOARDS; ELECTION.--(A) ALL
2 PRIMARIES AND ELECTIONS SHALL BE CONDUCTED IN EACH ELECTION
3 DISTRICT BY A DISTRICT ELECTION BOARD CONSISTING OF A JUDGE OF
4 ELECTION, A MAJORITY INSPECTOR OF ELECTION AND A MINORITY
5 INSPECTOR OF ELECTION, ASSISTED BY CLERKS AND MACHINE INSPECTORS
6 IN CERTAIN CASES, AS HEREINAFTER PROVIDED.
7 (B) PERSONS QUALIFIED TO SERVE AS AND SEEKING ELECTION TO
8 THE OFFICE OF JUDGE OF ELECTION, MAJORITY INSPECTOR OF ELECTION
9 AND MINORITY INSPECTOR OF ELECTION SHALL HAVE THEIR NAMES PLACED
10 UPON THE PRIMARY BALLOTS BY FILING A DECLARATION OF CANDIDACY
11 WITH THE COUNTY BOARD. THE SECRETARY OF THE COMMONWEALTH SHALL
12 PRESCRIBE THE FORMAT OF THE DECLARATION OF CANDIDACY. THE
13 DECLARATION OF CANDIDACY SHALL INCLUDE A CANDIDATE AFFIDAVIT.
14 (C) THE JUDGE AND INSPECTORS OF ELECTION OF EACH ELECTION
15 DISTRICT SHALL BE ELECTED BY THE ELECTORS THEREOF AT THE
16 MUNICIPAL ELECTION, AND SHALL HOLD OFFICE FOR A TERM OF FOUR
17 YEARS FROM THE FIRST MONDAY OF JANUARY NEXT SUCCEEDING THEIR
18 ELECTION.
19 (D) EACH ELECTOR MAY VOTE FOR ONE PERSON AS JUDGE AND FOR
20 ONE PERSON AS INSPECTOR, AND THE PERSON RECEIVING THE HIGHEST
21 NUMBER OF VOTES FOR JUDGE SHALL BE DECLARED ELECTED JUDGE OF
22 ELECTION, THE PERSON RECEIVING THE HIGHEST NUMBER OF VOTES FOR
23 INSPECTOR SHALL BE DECLARED ELECTED MAJORITY INSPECTOR OF
24 ELECTION, AND THE PERSON RECEIVING THE SECOND HIGHEST NUMBER OF
25 VOTES FOR INSPECTOR SHALL BE DECLARED ELECTED MINORITY INSPECTOR
26 OF ELECTION.
27 SECTION 2. SECTION 417(B) OF THE ACT, AMENDED AUGUST 14,
28 1963 (P.L.1048, NO.453), IS AMENDED TO READ:
29 SECTION 417. APPOINTMENT OF WATCHERS.--
30 * * *
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1 (B) ALL WATCHERS SO APPOINTED SHALL SERVE IN ONLY ONE
2 DISTRICT AND MUST BE QUALIFIED REGISTERED ELECTORS OF THE
3 [MUNICIPALITY OR TOWNSHIP] COUNTY IN WHICH THE DISTRICT WHERE
4 THEY ARE AUTHORIZED TO ACT IS LOCATED. IT SHALL NOT BE A
5 REQUIREMENT THAT THEY BE RESIDENTS OF THE DISTRICT WHERE THEY
6 ARE AUTHORIZED TO ACT. ONLY ONE WATCHER FOR EACH CANDIDATE AT
7 PRIMARIES, OR FOR EACH PARTY OR POLITICAL BODY AT GENERAL,
8 MUNICIPAL OR SPECIAL ELECTIONS, SHALL BE ALLOWED TO REMAIN IN
9 THE POLLING PLACE AT ANY ONE TIME PRIOR TO THE CLOSE OF THE
10 POLLS, AND ALL WATCHERS IN THE ROOM SHALL REMAIN OUTSIDE THE
11 ENCLOSED SPACE. AFTER THE CLOSE OF THE POLLS AND WHILE THE
12 BALLOTS ARE BEING COUNTED OR VOTING MACHINE CANVASSED, ALL THE
13 WATCHERS SHALL BE PERMITTED TO BE IN THE POLLING PLACE OUTSIDE
14 THE ENCLOSED SPACE. EACH WATCHER SHALL BE PROVIDED WITH A
15 CERTIFICATE FROM THE COUNTY BOARD OF ELECTIONS, STATING HIS NAME
16 AND THE NAME OF THE CANDIDATE, PARTY OR POLITICAL BODY HE
17 REPRESENTS. WATCHERS SHALL BE REQUIRED TO SHOW THEIR
18 CERTIFICATES WHEN REQUESTED TO DO SO. WATCHERS ALLOWED IN THE
19 POLLING PLACE UNDER THE PROVISIONS OF THIS ACT, SHALL BE
20 PERMITTED TO KEEP A LIST OF VOTERS AND SHALL BE ENTITLED TO
21 CHALLENGE ANY PERSON MAKING APPLICATION TO VOTE AND TO REQUIRE
22 PROOF OF HIS QUALIFICATIONS, AS PROVIDED BY THIS ACT. [ALL
23 WATCHERS SO APPOINTED AS SET FORTH ABOVE, WHO ARE TO SERVE IN A
24 DISTRICT OTHER THAN THE ONE FROM WHICH THEY ARE REGISTERED
25 ELECTORS, ARE TO BE APPOINTED ON PETITION TO THE COURT OF COMMON
26 PLEAS. SAID PETITION SHALL SET FORTH THAT THE WATCHER IS A
27 QUALIFIED VOTER OF THE MUNICIPALITY OR TOWNSHIP IN WHICH THE
28 DISTRICT IS LOCATED AND THAT SAID WATCHER IS A LAW ABIDING
29 CITIZEN AND OF GOOD REPUTE, AND THE COURT SHALL CONSIDER ALL
30 FACTORS RELEVANT TO SAID PETITION BEFORE GRANTING OR REFUSING
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1 SAME.]
2 * * *
3 SECTION 3. SECTION 908 OF THE ACT, AMENDED AUGUST 13, 1963
4 (P.L.707, NO.379), IS AMENDED TO READ:
5 Section 908. Manner of Signing Nomination Petitions; Time of
6 Circulating.--Each signer of a nomination petition shall sign
7 but one such petition for each office to be filled, and shall
8 declare therein that he is a registered and enrolled member of
9 the party designated in such petition: Provided, however, That
10 where there are to be elected two or more persons to the same
11 office, each signer may sign petitions for as many candidates
12 for such office as, and no more than, he could vote for at the
13 succeeding election. He shall also declare therein that he is a
14 qualified elector of the county therein named, and in case the
15 nomination is not to be made or candidates are not to be elected
16 by the electors of the State at large, of the political district
17 therein named, in which the nomination is to be made or the
18 election is to be held. He shall add his [occupation and]
19 residence, giving city, borough or township, with street and
20 number, if any, and shall print and sign his name and add the
21 date of signing, expressed in words or numbers: Provided,
22 however, That if the said political district named in the
23 petition lies wholly within any city, borough or township, or is
24 coextensive with same, it shall not be necessary for any signer
25 of a nomination petition to state therein the city, borough or
26 township of his residence. No nomination petition shall be
27 circulated prior to the thirteenth Tuesday before the primary,
28 and no signature shall be counted unless it bears a date affixed
29 not earlier than the thirteenth Tuesday nor later than the tenth
30 Tuesday prior to the primary.
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1 SECTION 4. SECTION 912.1 OF THE ACT, AMENDED FEBRUARY 13, <--
2 1989 (P.L.1, NO.1), IS AMENDED TO READ:
3 SECTION 912.1. NUMBER OF SIGNERS REQUIRED FOR NOMINATION
4 PETITIONS OF CANDIDATES AT PRIMARIES.--CANDIDATES FOR NOMINATION
5 OF OFFICES AS LISTED BELOW SHALL PRESENT A NOMINATING PETITION
6 CONTAINING AT LEAST AS MANY VALID SIGNATURES OF REGISTERED AND
7 ENROLLED MEMBERS OF THE PROPER PARTY AS LISTED BELOW:
8 (1) PRESIDENT OF THE UNITED STATES: TWO THOUSAND.
9 (2) UNITED STATES SENATE: TWO THOUSAND.
10 (3) GOVERNOR: TWO THOUSAND INCLUDING AT LEAST ONE HUNDRED
11 FROM EACH OF AT LEAST TEN COUNTIES.
12 (4) LIEUTENANT GOVERNOR: ONE THOUSAND INCLUDING AT LEAST ONE
13 HUNDRED FROM EACH OF AT LEAST FIVE COUNTIES.
14 (5) TREASURER: ONE THOUSAND INCLUDING AT LEAST ONE HUNDRED
15 FROM EACH OF AT LEAST FIVE COUNTIES.
16 (6) AUDITOR GENERAL: ONE THOUSAND INCLUDING AT LEAST ONE
17 HUNDRED FROM EACH OF AT LEAST FIVE COUNTIES.
18 (7) ATTORNEY GENERAL: ONE THOUSAND INCLUDING AT LEAST ONE
19 HUNDRED FROM EACH OF AT LEAST FIVE COUNTIES.
20 (8) JUSTICE OF THE SUPREME COURT: ONE THOUSAND INCLUDING AT
21 LEAST ONE HUNDRED FROM EACH OF AT LEAST FIVE COUNTIES.
22 (9) JUDGE OF THE SUPERIOR COURT: ONE THOUSAND INCLUDING AT
23 LEAST ONE HUNDRED FROM EACH OF AT LEAST FIVE COUNTIES.
24 (10) JUDGE OF THE COMMONWEALTH COURT: ONE THOUSAND INCLUDING
25 AT LEAST ONE HUNDRED FROM EACH OF AT LEAST FIVE COUNTIES.
26 (11) FOR ANY OTHER OFFICE TO BE FILLED BY THE VOTE OF THE
27 ELECTORS OF THE STATE AT LARGE OR FOR ANY OTHER PARTY OFFICE TO
28 BE ELECTED BY THE ELECTORS OF THE STATE AT LARGE: ONE THOUSAND
29 INCLUDING AT LEAST ONE HUNDRED FROM EACH OF AT LEAST FIVE
30 COUNTIES.
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1 (12) REPRESENTATIVE IN CONGRESS: ONE THOUSAND.
2 (13) SENATOR IN THE GENERAL ASSEMBLY: FIVE HUNDRED.
3 (14) REPRESENTATIVE IN THE GENERAL ASSEMBLY: THREE HUNDRED.
4 (15) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
5 ELECTORS IN COUNTIES OF THE FIRST CLASS AT LARGE: ONE THOUSAND.
6 (16) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
7 ELECTORS IN COUNTIES OF THE SECOND CLASS AT LARGE: FIVE HUNDRED.
8 (17) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
9 ELECTORS IN CITIES OF THE FIRST CLASS AT LARGE: ONE THOUSAND.
10 (18) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
11 ELECTORS IN COUNTIES OF THE SECOND CLASS A AT LARGE: TWO HUNDRED
12 FIFTY.
13 (19) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
14 ELECTORS IN COUNTIES OF THE THIRD CLASS AT LARGE: TWO HUNDRED
15 FIFTY.
16 (20) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
17 ELECTORS IN COUNTIES OF THE FOURTH CLASS AT LARGE: TWO HUNDRED
18 FIFTY.
19 (21) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
20 ELECTORS IN CITIES OF THE SECOND CLASS AT LARGE: TWO HUNDRED
21 FIFTY.
22 (22) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
23 ELECTORS IN CITIES OF THE SECOND CLASS A AT LARGE: ONE HUNDRED.
24 (23) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
25 ELECTORS IN CITIES OF THE THIRD CLASS AT LARGE: ONE HUNDRED.
26 (24) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
27 ELECTORS IN COUNTIES OF THE FIFTH CLASS AT LARGE: ONE HUNDRED.
28 (25) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
29 ELECTORS IN COUNTIES OF THE SIXTH CLASS AT LARGE: ONE HUNDRED.
30 (26) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
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1 ELECTORS IN COUNTIES OF THE SEVENTH CLASS AT LARGE: ONE HUNDRED.
2 (27) PUBLIC OR PARTY OFFICES TO BE FILLED BY A VOTE OF THE
3 ELECTORS IN COUNTIES OF THE EIGHTH CLASS AT LARGE: ONE HUNDRED.
4 (28) OFFICE OF JUDGE OF ANY COURT OF RECORD OTHER THAN A
5 STATEWIDE COURT OR A COURT IN A COUNTY OF THE FIRST OR SECOND
6 CLASS: TWO HUNDRED FIFTY.
7 (29) DISTRICT DELEGATE OR ALTERNATE DISTRICT DELEGATE TO A
8 NATIONAL PARTY CONVENTION: TWO HUNDRED FIFTY.
9 (30) MEMBER OF STATE COMMITTEE: ONE HUNDRED.
10 (31) OFFICE OF DISTRICT COUNCIL MEMBER IN A CITY OF THE
11 FIRST CLASS: SEVEN HUNDRED FIFTY.
12 (31.1) OFFICE OF DISTRICT COUNCIL MEMBER IN A CITY OF THE
13 SECOND CLASS: ONE HUNDRED.
14 (32) OFFICE OF DISTRICT JUSTICE: ONE HUNDRED.
15 [(33) OFFICE OF JUDGE OF ELECTION: TEN.
16 (34) INSPECTOR OF ELECTIONS: FIVE.]
17 (35) ALL OTHER PUBLIC AND PARTY OFFICES: TEN.
18 SECTION 5. SECTION 951(C) OF THE ACT IS AMENDED TO READ:
19 SECTION 951. NOMINATIONS BY POLITICAL BODIES.--* * *
20 (C) EACH PERSON SIGNING A NOMINATION PAPER SHALL DECLARE
21 THEREIN THAT HE IS A QUALIFIED ELECTOR OF THE STATE OR DISTRICT,
22 AS THE CASE MAY BE, AND SHALL ADD TO HIS SIGNATURE HIS
23 [OCCUPATION AND] PRINTED NAME AND RESIDENCE, GIVING CITY,
24 BOROUGH OR TOWNSHIP, WITH STREET AND NUMBER, IF ANY, AND SHALL
25 ALSO ADD THE DATE OF SIGNING, EXPRESSED IN WORDS OR NUMBERS:
26 PROVIDED, HOWEVER, THAT IF SAID POLITICAL DISTRICT NAMED IN THE
27 PAPERS LIES WHOLLY WITHIN ANY CITY, BOROUGH OR TOWNSHIP, OR IS
28 COEXTENSIVE WITH SAME, IT SHALL NOT BE NECESSARY FOR ANY SIGNER
29 OF A PAPER TO STATE THEREIN THE CITY, BOROUGH OR TOWNSHIP OF HIS
30 RESIDENCE. NO ELECTOR SHALL SIGN MORE THAN ONE NOMINATION PAPER
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1 FOR EACH OFFICE TO BE FILLED, UNLESS THERE ARE TWO OR MORE
2 PERSONS TO BE ELECTED TO THE SAME OFFICE, IN WHICH CASE HE MAY
3 SIGN NOMINATION PAPERS FOR AS MANY CANDIDATES FOR SUCH OFFICE
4 AS, AND NO MORE THAN, HE COULD VOTE FOR AT THE SUCCEEDING
5 ELECTION. MORE THAN ONE CANDIDATE MAY BE NOMINATED BY ONE
6 NOMINATION PAPER AND CANDIDATES FOR MORE THAN ONE OFFICE MAY BE
7 NOMINATED BY ONE NOMINATION PAPER: PROVIDED, THAT EACH POLITICAL
8 BODY NOMINATING DOES NOT NOMINATE MORE CANDIDATES THAN THERE ARE
9 OFFICES TO BE VOTED FOR AT THE ENSUING ELECTION: AND PROVIDED,
10 THAT ALL THE SIGNERS ON EACH NOMINATION PAPER ARE QUALIFIED TO
11 VOTE FOR ALL THE CANDIDATES NOMINATED THEREIN.
12 * * *
13 Section 2 6. This act shall take effect immediately. <--
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