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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY McGEEHAN, CALTAGIRONE, CASORIO, DeLUCA, DONATUCCI, GERGELY, HARHAI, HORNAMAN, MAHONEY, McILVAINE SMITH, MELIO, MILNE, M. O'BRIEN AND SIPTROTH, APRIL 21, 2009 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 21, 2009 |
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| AN ACT |
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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," repealing provisions allowing candidates to cross |
12 | file. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Sections 630.1 and 910 of the act of June 3, 1937 |
16 | (P.L.1333, No.320), known as the Pennsylvania Election Code, |
17 | amended May 12, 2006 (P.L.178, No.45), are amended to read: |
18 | Section 630.1. Affidavits of Candidates.--Each candidate for |
19 | any State, county, city, borough, incorporated town, township, |
20 | school district or poor district office, or for the office of |
21 | United States Senator or Representative in Congress, selected as |
22 | provided in section 630 of this act, shall file with the |
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1 | nomination certificate an affidavit stating--(a) his residence, |
2 | with street and number, if any, and his post-office address; (b) |
3 | his election district, giving city, borough, town or township; |
4 | (c) the name of the office for which he consents to be a |
5 | candidate; (d) that he is eligible for such office; (e) that he |
6 | will not knowingly violate any provision of this act, or of any |
7 | law regulating and limiting election expenses and prohibiting |
8 | corrupt practices in connection therewith; (f) [unless he is a |
9 | candidate for judge of a court of common pleas, the Philadelphia |
10 | Municipal Court or the Traffic Court of Philadelphia, or for the |
11 | office of school board in a district where that office is |
12 | elective or for the office of justice of the peace,] that he is |
13 | not a candidate for the same office of any party or political |
14 | body other than the one designated in such certificate; (g) that |
15 | he is aware of the provisions of section 1626 of this act |
16 | requiring election and post-election reporting of campaign |
17 | contributions and expenditures; and (h) that he is not a |
18 | candidate for an office which he already holds, the term of |
19 | which is not set to expire in the same year as the office |
20 | subject to the affidavit. |
21 | Section 910. Affidavits of Candidates.--Each candidate for |
22 | any State, county, city, borough, incorporated town, township, |
23 | ward, school district, poor district, election district, party |
24 | office, party delegate or alternate, or for the office of United |
25 | States Senator or Representative in Congress, shall file with |
26 | his nomination petition his affidavit stating--(a) his |
27 | residence, with street and number, if any, and his post-office |
28 | address; (b) his election district, giving city, borough, town |
29 | or township; (c) the name of the office for which he consents to |
30 | be a candidate; (d) that he is eligible for such office; (e) |
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1 | that he will not knowingly violate any provision of this act, or |
2 | of any law regulating and limiting nomination and election |
3 | expenses and prohibiting corrupt practices in connection |
4 | therewith; (f) [unless he is a candidate for judge of a court of |
5 | common pleas, the Philadelphia Municipal Court or the Traffic |
6 | Court of Philadelphia, or for the office of school director in a |
7 | district where that office is elective or for the office of |
8 | justice of the peace] that he is not a candidate for nomination |
9 | for the same office of any party other than the one designated |
10 | in such petition; (g) if he is a candidate for a delegate, or |
11 | alternate delegate, member of State committee, National |
12 | committee or party officer, that he is a registered and enrolled |
13 | member of the designated party; (h) if he is a candidate for |
14 | delegate or alternate delegate the presidential candidate to |
15 | whom he is committed or the term "uncommitted"; (i) that he is |
16 | aware of the provisions of section 1626 of this act requiring |
17 | pre-election and post-election reporting of campaign |
18 | contributions and expenditures; and (j) that he is not a |
19 | candidate for an office which he already holds, the term of |
20 | which is not set to expire in the same year as the office |
21 | subject to the affidavit. In cases of petitions for delegate and |
22 | alternate delegate to National conventions, the candidate's |
23 | affidavit shall state that his signature to the delegate's |
24 | statement, as hereinafter set forth, if such statement is signed |
25 | by said candidate, was affixed to the sheet or sheets of said |
26 | petition prior to the circulation of same. In the case of a |
27 | candidate for nomination as President of the United States, it |
28 | shall not be necessary for such candidate to file the affidavit |
29 | required in this section to be filed by candidates, but the |
30 | post-office address of such candidate shall be stated in such |
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1 | nomination petition. |
2 | Section 2. Section 976 first paragraph of the act, amended |
3 | February 19, 1986 (P.L.29, No.11), is amended to read: |
4 | Section 976. Examination of Nomination Petitions, |
5 | Certificates and Papers; Return of Rejected Nomination |
6 | Petitions, Certificates and Papers.--When any nomination |
7 | petition, nomination certificate or nomination paper is |
8 | presented in the office of the Secretary of the Commonwealth or |
9 | of any county board of elections for filing within the period |
10 | limited by this act, it shall be the duty of the said officer or |
11 | board to examine the same. No nomination petition, nomination |
12 | paper or nomination certificate shall be permitted to be filed |
13 | if--(a) it contains material errors or defects apparent on the |
14 | face thereof, or on the face of the appended or accompanying |
15 | affidavits; or (b) it contains material alterations made after |
16 | signing without the consent of the signers; or (c) it does not |
17 | contain a sufficient number of signatures as required by law; |
18 | Provided, however, That the Secretary of the Commonwealth or the |
19 | county board of elections, although not hereby required so to |
20 | do, may question the genuineness of any signature or signatures |
21 | appearing thereon, and if he or it shall thereupon find that any |
22 | such signature or signatures are not genuine, such signature or |
23 | signatures shall be disregarded in determining whether the |
24 | nomination petition, nomination paper or nomination certificate |
25 | contains a sufficient number of signatures as required by law; |
26 | or (d) in the case of nomination petitions, if nomination |
27 | petitions have been filed for printing the name of the same |
28 | person for the same office[, except the office of judge of a |
29 | court of common pleas, the Philadelphia Municipal Court or the |
30 | Traffic Court of Philadelphia, or the office of school director |
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1 | in districts where that office is elective or the office of |
2 | justice of the peace] upon the official ballot of more than one |
3 | political party; or (e) in the case of nomination papers, if the |
4 | candidate named therein has filed a nomination petition for any |
5 | public office for the ensuing primary, or has been nominated for |
6 | any such office by nomination papers previously filed; or (f) if |
7 | the nomination petitions or papers are not accompanied by the |
8 | filing fee or certified check required for said office; or (g) |
9 | in the case of nomination papers, the appellation set forth |
10 | therein is identical with or deceptively similar to the words |
11 | used by any existing party or by any political body which has |
12 | already filed nomination papers for the same office, or if the |
13 | appellation set forth therein contains part of the name, or an |
14 | abbreviation of the name or part of the name of an existing |
15 | political party, or of a political body which has already filed |
16 | nomination papers for the same office. The invalidity of any |
17 | sheet of a nomination petition or nomination paper shall not |
18 | affect the validity of such petition or paper if a sufficient |
19 | petition or paper remains after eliminating such invalid sheet. |
20 | The action of said officer or board in refusing to receive and |
21 | file any such nomination petition, certificate or paper, may be |
22 | reviewed by the court upon an application to compel its |
23 | reception as of the date when it was presented to the office of |
24 | such officer or board: Provided, however, That said officer or |
25 | board shall be entitled to a reasonable time in which to examine |
26 | any petitions, certificates or papers, and to summon and |
27 | interrogate the candidates named therein, or the persons |
28 | presenting said petitions, certificates or papers, and his or |
29 | their retention of same for the purpose of making such |
30 | examination or interrogation shall not be construed as an |
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1 | acceptance or filing. |
2 | * * * |
3 | Section 3. Section 981.1 of the act, amended May 12, 2006 |
4 | (P.L.178, No.45), is amended to read: |
5 | Section 981.1. Affidavits of Candidates.--Each candidate for |
6 | any State, county, city, borough, incorporated town, township, |
7 | ward, school district, poor district or election district |
8 | office, or for the office of United States Senator or |
9 | Representative in Congress, selected as provided in sections 979 |
10 | and 980 of this act, shall file with the substituted nomination |
11 | certificate an affidavit stating--(a) his residence, with street |
12 | and number, if any, and his post-office address; (b) his |
13 | election district, giving city, borough, town or township; (c) |
14 | the name of the office for which he consents to be a candidate; |
15 | (d) that he is eligible for such office; (e) that he will not |
16 | knowingly violate any provision of this act, or of any law |
17 | regulating and limiting election expenses and prohibiting |
18 | corrupt practices in connection therewith; (f) [unless he is a |
19 | candidate for judge of a court of common pleas, the Philadelphia |
20 | Municipal Court or the Traffic Court of Philadelphia, or for the |
21 | office of school board in a district where that office is |
22 | elective or for the office of justice of the peace,] that he is |
23 | not a candidate for the same office of any party or political |
24 | body other than the one designated in such certificate; (g) that |
25 | he is aware of the provisions of section 1626 of this act |
26 | requiring election and post-election reporting of campaign |
27 | contributions and expenditures; and (h) that he is not a |
28 | candidate for an office which he already holds, the term of |
29 | which is not set to expire in the same year as the office |
30 | subject to the affidavit. |
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1 | Section 4. Sections 993(a) and 998 of the act, amended |
2 | February 19, 1986 (P.L.29, No.11), are amended to read: |
3 | Section 993. Filling of Certain Vacancies in Public Office |
4 | by Means of Nomination Certificates and Nomination Papers.--(a) |
5 | In all cases where a vacancy shall occur for any cause in an |
6 | elective public office, including that of judge of a court of |
7 | record, at a time when such vacancy is required by the |
8 | provisions of the Constitution or the laws of this Commonwealth |
9 | to be filled at the ensuing election but at a time when |
10 | nominations for such office cannot be made under any other |
11 | provision of this act, nominations to fill such vacancies shall |
12 | be made by political parties in accordance with party rules |
13 | relating to the filling of vacancies by means of nomination |
14 | certificates in the form prescribed in section nine hundred |
15 | ninety-four of this act, and by political bodies by means of |
16 | nomination papers in accordance with the provisions of sections |
17 | nine hundred fifty-one, nine hundred fifty-two and nine hundred |
18 | fifty-four of this act. No such nomination certificate shall |
19 | nominate any person who has already been nominated by any other |
20 | political party or by any political body for the same office |
21 | [unless such person is a candidate for the office of judge of a |
22 | court of common pleas, the Philadelphia Municipal Court or the |
23 | Traffic Court of Philadelphia, or for the office of school |
24 | director in districts where that office is elective or for the |
25 | office of justice of the peace]. No such nomination papers shall |
26 | nominate any person who has already been nominated by any |
27 | political party or by any other political body for any office to |
28 | be filled at the ensuing November election[, unless such person |
29 | is a candidate for the office of judge of a court of common |
30 | pleas, the Philadelphia Municipal Court or the Traffic Court of |
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1 | Philadelphia, or for the office of school director in districts |
2 | where that office is elective or for the office of justice of |
3 | the peace]. |
4 | * * * |
5 | Section 998. Substituted Nominations to Fill Certain |
6 | Vacancies for a November Election.--(a) Any vacancy happening |
7 | or existing in any party nomination made in accordance with the |
8 | provisions of section nine hundred ninety-three of this act for |
9 | a November election by reason of the death or withdrawal of any |
10 | candidate may be filled by a substituted nomination made by such |
11 | committee as is authorized by the rules of the party to make |
12 | nominations in the event of vacancies on the party ticket, in |
13 | the form prescribed by section nine hundred ninety-four of this |
14 | act. But no substituted nomination certificate shall nominate |
15 | any person who has already been nominated by any other political |
16 | party or by any political body for the same office[, unless such |
17 | person is a candidate for the office of judge of a court of |
18 | common pleas, the Philadelphia Municipal Court or the Traffic |
19 | Court of Philadelphia, or for the office of school director in |
20 | districts where that office is elective or for the office of |
21 | justice of the peace]. |
22 | (b) In case of the death or withdrawal of any candidate |
23 | nominated by a political body for an election, the committee |
24 | named in the original nomination papers may nominate a |
25 | substitute in his place by filing a substituted nomination |
26 | certificate in the form and manner prescribed by section nine |
27 | hundred eighty of this act. In the case of a vacancy caused by |
28 | the death of any candidate, said nomination certificate shall be |
29 | accompanied by a death certificate properly certified. No |
30 | substituted nomination certificate shall nominate any person who |
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1 | has already been nominated by any political party or by any |
2 | other political body for any office to be filled at the ensuing |
3 | November election[, unless such person is a candidate for the |
4 | office of judge of a court of common pleas, the Philadelphia |
5 | Municipal Court or the Traffic Court of Philadelphia, or for the |
6 | office of school director in districts where that office is |
7 | elective or for the office of justice of the peace]. |
8 | (c) Substituted nomination certificates to fill vacancies |
9 | caused by the withdrawal of candidates nominated for a November |
10 | election in accordance with the provisions of section nine |
11 | hundred ninety-three of this act shall be filed with the officer |
12 | or board with whom the original nomination certificates or |
13 | papers were filed not later than seven (7) days after the last |
14 | day for filing the original nomination certificates or papers. |
15 | (d) Substituted nomination certificates to fill vacancies |
16 | caused by the death of candidates nominated for a November |
17 | election in accordance with the provisions of section nine |
18 | hundred ninety-three of this act shall be filed in the office of |
19 | the officer or board with whom the original nomination |
20 | certificates or papers were filed at any time prior to the day |
21 | in which the printing of ballots is started. |
22 | Section 5. This act shall take effect in 60 days. |
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