PRINTER'S NO. 3266
No. 2305 Session of 2005
INTRODUCED BY GODSHALL, BENNINGHOFF, BEYER, BUNT, CLYMER,
CORRIGAN, CRAHALLA, FICHTER, HARPER, HERSHEY, HESS, METCALFE,
MICOZZIE, R. MILLER, S. MILLER, MUSTIO, RAPP, SONNEY AND
E. Z. TAYLOR, DECEMBER 7, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 7, 2005
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 affidavits of candidates,
12 for examination of nomination petitions, certificates and
13 papers, for filing of certain vacancies in public office by
14 means of nomination certificates and nomination papers, for
15 substituted nominations to fill certain vacancies for a
16 November election and for form of ballots.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Sections 630.1 and 910 of the act of June 3, 1937
20 (P.L.1333, No.320), known as the Pennsylvania Election Code,
21 amended February 13, 1998 (P.L.72, No.18), are amended to read:
22 Section 630.1. Affidavits of Candidates.--Each candidate for
23 any State, county, city, borough, incorporated town, township,
24 school district or poor district office, or for the office of
1 United States Senator or Representative in Congress, selected as
2 provided in section 630 of this act, shall file with the
3 nomination certificate an affidavit stating--(a) his residence,
4 with street and number, if any, and his post-office address; (b)
5 his election district, giving city, borough, town or township;
6 (c) the name of the office for which he consents to be a
7 candidate; (d) that he is eligible for such office; (e) that he
8 will not knowingly violate any provision of this act, or of any
9 law regulating and limiting election expenses and prohibiting
10 corrupt practices in connection therewith; (f) unless he is a
11 candidate for judge of a court of common pleas, the Philadelphia
12 Municipal Court or the Traffic Court of Philadelphia, [or for
13 the office of school board in a district where that office is
14 elective] or for the office of [justice of the peace]
15 magisterial district judge, that he is not a candidate for the
16 same office of any party or political body other than the one
17 designated in such certificate; and (g) that he is aware of the
18 provisions of section 1626 of this act requiring election and
19 post-election reporting of campaign contributions and
20 expenditures.
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
7 a district where that office is elective] or for the office of
8 [justice of the peace] magisterial district judge that he is not
9 a candidate for nomination for the same office of any party
10 other than the one designated in such petition; (g) if he is a
11 candidate for a delegate, or alternate delegate, member of State
12 committee, National committee or party officer, that he is a
13 registered and enrolled member of the designated party; (h) if
14 he is a candidate for delegate or alternate delegate the
15 presidential candidate to whom he is committed or the term
16 "uncommitted"; and (i) that he is aware of the provisions of
17 section 1626 of this act requiring pre-election and post-
18 election reporting of campaign contributions and expenditures.
19 In cases of petitions for delegate and alternate delegate to
20 National conventions, the candidate's affidavit shall state that
21 his signature to the delegate's statement, as hereinafter set
22 forth, if such statement is signed by said candidate, was
23 affixed to the sheet or sheets of said petition prior to the
24 circulation of same. In the case of a candidate for nomination
25 as President of the United States, it shall not be necessary for
26 such candidate to file the affidavit required in this section to
27 be filed by candidates, but the post-office address of such
28 candidate shall be stated in such nomination petition.
29 Section 2. Section 976 of the act, amended July 28, 1941
30 (P.L.526, No.213) and February 19, 1986 (P.L.29, No.11) and
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1 repealed in part April 28, 1978 (P.L.202, No.53), is amended to
2 read:
3 Section 976. Examination of Nomination Petitions,
4 Certificates and Papers; Return of Rejected Nomination
5 Petitions, Certificates and Papers.--When any nomination
6 petition, nomination certificate or nomination paper is
7 presented in the office of the Secretary of the Commonwealth or
8 of any county board of elections for filing within the period
9 limited by this act, it shall be the duty of the said officer or
10 board to examine the same. No nomination petition, nomination
11 paper or nomination certificate shall be permitted to be filed
12 if--(a) it contains material errors or defects apparent on the
13 face thereof, or on the face of the appended or accompanying
14 affidavits; or (b) it contains material alterations made after
15 signing without the consent of the signers; or (c) it does not
16 contain a sufficient number of signatures as required by law;
17 Provided, however, That the Secretary of the Commonwealth or the
18 county board of elections, although not hereby required so to
19 do, may question the genuineness of any signature or signatures
20 appearing thereon, and if he or it shall thereupon find that any
21 such signature or signatures are not genuine, such signature or
22 signatures shall be disregarded in determining whether the
23 nomination petition, nomination paper or nomination certificate
24 contains a sufficient number of signatures as required by law;
25 or (d) in the case of nomination petitions, if nomination
26 petitions have been filed for printing the name of the same
27 person for the same office, except the office of judge of a
28 court of common pleas, the Philadelphia Municipal Court or the
29 Traffic Court of Philadelphia, [or the office of school director
30 in districts where that office is elective] or the office of
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1 [justice of the peace] magisterial district judge upon the
2 official ballot of more than one political party; or (e) in the
3 case of nomination papers, if the candidate named therein has
4 filed a nomination petition for any public office for the
5 ensuing primary, or has been nominated for any such office by
6 nomination papers previously filed; or (f) if the nomination
7 petitions or papers are not accompanied by the filing fee or
8 certified check required for said office; or (g) in the case of
9 nomination papers, the appellation set forth therein is
10 identical with or deceptively similar to the words used by any
11 existing party or by any political body which has already filed
12 nomination papers for the same office, or if the appellation set
13 forth therein contains part of the name, or an abbreviation of
14 the name or part of the name of an existing political party, or
15 of a political body which has already filed nomination papers
16 for the same office. The invalidity of any sheet of a nomination
17 petition or nomination paper shall not affect the validity of
18 such petition or paper if a sufficient petition or paper remains
19 after eliminating such invalid sheet. The action of said officer
20 or board in refusing to receive and file any such nomination
21 petition, certificate or paper, may be reviewed by the court
22 upon an application to compel its reception as of the date when
23 it was presented to the office of such officer or board:
24 Provided, however, That said officer or board shall be entitled
25 to a reasonable time in which to examine any petitions,
26 certificates or papers, and to summon and interrogate the
27 candidates named therein, or the persons presenting said
28 petitions, certificates or papers, and his or their retention of
29 same for the purpose of making such examination or interrogation
30 shall not be construed as an acceptance or filing.
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1 Upon completion of any examination, if any nomination
2 petition, certificate or paper is found to be defective, it
3 shall forthwith be rejected and returned to the candidate or one
4 of the candidates named therein, together with a statement of
5 the reasons for such rejection:
6 Provided further, That no nomination petition, nomination
7 paper or nomination certificate shall be permitted to be filed,
8 if the political party or political body referred to therein
9 shall be composed of a group of electors whose purposes or aims,
10 or one of whose purposes or aims, is the establishment, control,
11 conduct, seizure or overthrow of the Government of the
12 Commonwealth of Pennsylvania or the United States of America by
13 the use of force, violence, military measure or threats of one
14 or more of the foregoing. The authority to reject such
15 nomination petition, paper or certificate for this reason shall,
16 when filed with the Secretary of the Commonwealth, be vested in
17 a committee composed of the Governor, the Attorney General and
18 the Secretary of the Commonwealth, and when filed with any
19 county board of elections shall be vested in such board. If in
20 such case the committee or board, as the case may be, shall
21 conclude that the acceptance of such nomination petition, paper
22 or certificate should be refused, it shall within two days of
23 the filing of such nomination petition, paper or certificate fix
24 a place and a time five days in advance for hearing the matter,
25 and notice thereof shall be given to all parties affected
26 thereby. At the time and place so fixed the committee or board,
27 as the case may be, shall hear testimony, but shall not be bound
28 by technical rules of evidence. The testimony presented shall be
29 stenographically recorded and made a part of the record of the
30 committee or board. Within two days after such hearing the
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1 committee or board, if satisfied upon competent evidence that
2 the said nomination petition, paper or certificate is not
3 entitled to be accepted and filed, it shall announce its
4 decision and immediately notify the parties affected thereby.
5 Failure to announce decision within two days after such hearing
6 shall be conclusive that such nomination petition, paper or
7 certificate has been accepted and filed. The decision of said
8 committee or board in refusing to accept and file such
9 nomination petition, paper or certificate may be reviewed by the
10 court upon an application to compel its reception as of the date
11 when presented to the Secretary of the Commonwealth or such
12 board. The application shall be made within two days of the time
13 when such decision is announced. If the application is properly
14 made, any judge of said court may fix a time and place for
15 hearing the matter in dispute, of which notice shall be served
16 with a copy of said application upon the Secretary of the
17 Commonwealth or the county board of elections, as the case may
18 be. At the time so fixed, the court, or any judge thereof
19 assigned for the purpose, shall hear the case de novo. If after
20 such hearing the said court shall find that the decision of the
21 committee or the board was erroneous, it shall issue its mandate
22 to the committee or board to correct its decision and to accept
23 and file the nomination paper, petition or certificate. From any
24 decision of the court an appeal may be taken within two days
25 after the entry thereof. It shall be the duty of the said court
26 to fix the hearing and to announce its decision within such
27 period of time as will permit the Secretary of the Commonwealth
28 or the county board of elections to permit the names of the
29 candidates affected by the court's decision to be printed on the
30 ballot, if the court should so determine.
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1 Section 3. Section 981.1 of the act, amended February 13,
2 1998 (P.L.72, No.18), is amended to read:
3 Section 981.1. Affidavits of Candidates.--Each candidate for
4 any State, county, city, borough, incorporated town, township,
5 ward, school district, poor district or election district
6 office, or for the office of United States Senator or
7 Representative in Congress, selected as provided in sections 979
8 and 980 of this act, shall file with the substituted nomination
9 certificate an affidavit stating--(a) his residence, with street
10 and number, if any, and his post-office address; (b) his
11 election district, giving city, borough, town or township; (c)
12 the name of the office for which he consents to be a candidate;
13 (d) that he is eligible for such office; (e) that he will not
14 knowingly violate any provision of this act, or of any law
15 regulating and limiting election expenses and prohibiting
16 corrupt practices in connection therewith; (f) unless he is a
17 candidate for judge of a court of common pleas, the Philadelphia
18 Municipal Court or the Traffic Court of Philadelphia, [or for
19 the office of school board in a district where that office is
20 elective] or for the office of [justice of the peace]
21 magisterial district judge, that he is not a candidate for the
22 same office of any party or political body other than the one
23 designated in such certificate; and (g) that he is aware of the
24 provisions of section 1626 of this act requiring election and
25 post-election reporting of campaign contributions and
26 expenditures.
27 Section 4. Sections 993(a), 998(a) and (b) and 1004 of the
28 act, amended February 19, 1986 (P.L.29, No.11), are amended to
29 read:
30 Section 993. Filling of Certain Vacancies in Public Office
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1 by Means of Nomination Certificates and Nomination Papers.--(a)
2 In all cases where a vacancy shall occur for any cause in an
3 elective public office, including that of judge of a court of
4 record, at a time when such vacancy is required by the
5 provisions of the Constitution or the laws of this Commonwealth
6 to be filled at the ensuing election but at a time when
7 nominations for such office cannot be made under any other
8 provision of this act, nominations to fill such vacancies shall
9 be made by political parties in accordance with party rules
10 relating to the filling of vacancies by means of nomination
11 certificates in the form prescribed in section nine hundred
12 ninety-four of this act, and by political bodies by means of
13 nomination papers in accordance with the provisions of sections
14 nine hundred fifty-one, nine hundred fifty-two and nine hundred
15 fifty-four of this act. No such nomination certificate shall
16 nominate any person who has already been nominated by any other
17 political party or by any political body for the same office
18 unless such person is a candidate for the office of judge of a
19 court of common pleas, the Philadelphia Municipal Court or the
20 Traffic Court of Philadelphia, [or for the office of school
21 director in districts where that office is elective] or for the
22 office of [justice of the peace] magisterial district judge. No
23 such nomination papers shall nominate any person who has already
24 been nominated by any political party or by any other political
25 body for any office to be filled at the ensuing November
26 election, unless such person is a candidate for the office of
27 judge of a court of common pleas, the Philadelphia Municipal
28 Court or the Traffic Court of Philadelphia, [or for the office
29 of school director in districts where that office is elective]
30 or for the office of [justice of the peace] magisterial district
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1 judge.
2 * * *
3 Section 998. Substituted Nominations to Fill Certain
4 Vacancies for a November Election.--(a) Any vacancy happening
5 or existing in any party nomination made in accordance with the
6 provisions of section nine hundred ninety-three of this act for
7 a November election by reason of the death or withdrawal of any
8 candidate may be filled by a substituted nomination made by such
9 committee as is authorized by the rules of the party to make
10 nominations in the event of vacancies on the party ticket, in
11 the form prescribed by section nine hundred ninety-four of this
12 act. But no substituted nomination certificate shall nominate
13 any person who has already been nominated by any other political
14 party or by any political body for the same office, unless such
15 person is a candidate for the office of judge of a court of
16 common pleas, the Philadelphia Municipal Court or the Traffic
17 Court of Philadelphia, [or for the office of school director in
18 districts where that office is elective] or for the office of
19 [justice of the peace] magisterial district judge.
20 (b) In case of the death or withdrawal of any candidate
21 nominated by a political body for an election, the committee
22 named in the original nomination papers may nominate a
23 substitute in his place by filing a substituted nomination
24 certificate in the form and manner prescribed by section nine
25 hundred eighty of this act. In the case of a vacancy caused by
26 the death of any candidate, said nomination certificate shall be
27 accompanied by a death certificate properly certified. No
28 substituted nomination certificate shall nominate any person who
29 has already been nominated by any political party or by any
30 other political body for any office to be filled at the ensuing
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1 November election, unless such person is a candidate for the
2 office of judge of a court of common pleas, the Philadelphia
3 Municipal Court or the Traffic Court of Philadelphia, [or for
4 the office of school director in districts where that office is
5 elective] or for the office of [justice of the peace]
6 magisterial district judge.
7 * * *
8 Section 1004. Form of Ballots; Printing Ballots; Stubs;
9 Numbers.--From the lists furnished by the Secretary of the
10 Commonwealth under the provisions of sections 915 and 984, and
11 from petitions and papers filed in their office, the county
12 election board shall print the official primary and election
13 ballots in accordance with the provisions of this act: Provided,
14 however, That in no event, shall the name of any person
15 consenting to be a candidate for nomination for any one office,
16 except the office of judge of a court of common pleas, the
17 Philadelphia Municipal Court or the Traffic Court of
18 Philadelphia, [or the office of school director in districts
19 where that office is elective] or the office of [justice of the
20 peace] magisterial district judge be printed as a candidate for
21 such office upon the official primary ballot of more than one
22 party. All ballots for use in the same election district at any
23 primary or election shall be alike. They shall be at least six
24 inches long and four inches wide, and shall have a margin
25 extending beyond any printing thereon. They shall be printed
26 with the same kind of type (which shall not be smaller than the
27 size known as "brevier" or "eight point body") upon white paper
28 of uniform quality, without any impression or mark to
29 distinguish one from another, and with sufficient thickness to
30 prevent the printed matter from showing through. Each ballot
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1 shall be attached to a stub, and all the ballots for the same
2 election district shall be bound together in books of fifty, in
3 such manner that each ballot may be detached from its stub and
4 removed separately. The ballots for each party to be used at a
5 primary shall be bound separately. The stubs of the ballots
6 shall be consecutively numbered, and in the case of primary
7 ballots, the number shall be preceded by an initial or
8 abbreviation designating the party name. The number and initial
9 or abbreviation which appears upon the stub shall also be
10 printed in the upper right hand corner of the back of the
11 ballot, separated from the remainder of the ballot by a diagonal
12 perforated line so prepared that the upper right hand corner of
13 the back of the ballot containing the number may be detached
14 from the ballot before it is deposited in the ballot box and
15 beside that corner shall also be printed, "Remove numbered stub
16 immediately before depositing your ballot in ballot box."
17 Section 5. This act shall take effect in 60 days.
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