Bill Text: PA HB1634 | 2011-2012 | Regular Session | Introduced

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Bill Title: In nomination of candidates, further providing for nomination petitions to be filed, for affidavits of candidates, for statement of candidates for delegates to national conventions, for number of signers required for nomination petitions of candidates at primaries and for nominations by minor political parties; providing for declaration of candidacy for nomination and declaration fees; further providing for place and time of filing nomination petitions and filing fees, for withdrawal of candidates, for casting of lots for position of names upon the primary ballots or ballot labels and notice of candidates, for Secretary of Commonwealth to furnish county boards with list of candidates and candidates to be notified, for setting aside nominations of candidates and for nominations by political bodies; providing for declarations of candidacy for election; and further providing for place and time of filing nomination papers, for filing fee, for examination of nomination petitions, certifications and papers, for objections to nomination petitions and papers, for vacancy in party nomination by failure to pay filing fee or for failure to file loyalty oath and for preservation of nomination petitions, certifications and papers.

Spectrum: Moderate Partisan Bill (Republican 14-4)

Status: (Introduced - Dead) 2011-06-07 - Referred to STATE GOVERNMENT [HB1634 Detail]

Download: Pennsylvania-2011-HB1634-Introduced.html

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PRINTER'S NO. 2039
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1634 Session of2011
INTRODUCED BY BENNINGHOFF, BARRAR, CUTLER, DUNBAR, GINGRICH, HUTCHINSON, JOSEPHS, KAUFFMAN, KOTIK, D. O'BRIEN, PAYTON, PYLE, RAPP, ROAE, SCAVELLO, SCHRODER, SWANGER AND WHEATLEY, JUNE 7, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 7, 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," in nomination of candidates, further providing
for nomination petitions to be filed, for affidavits of
candidates, for statement of candidates for delegates to
national conventions, for number of signers required for
nomination petitions of candidates at primaries and for
nominations by minor political parties; providing for
declaration of candidacy for nomination and declaration fees;
further providing for place and time of filing nomination
petitions and filing fees, for withdrawal of candidates, for
casting of lots for position of names upon the primary
ballots or ballot labels and notice of candidates, for
Secretary of Commonwealth to furnish county boards with list
of candidates and candidates to be notified, for setting
aside nominations of candidates and for nominations by
political bodies; providing for declarations of candidacy for
election; and further providing for place and time of filing
nomination papers, for filing fee, for examination of
nomination petitions, certifications and papers, for
objections to nomination petitions and papers, for vacancy in
party nomination by failure to pay filing fee or for failure
to file loyalty oath and for preservation of nomination
petitions, certifications and papers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 907 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, amended
December 22, 1971 (P.L.613, No.165), is amended to read:
Section 907. Nomination Petitions to Be Filed; Declaration
of Candidacy for Nomination and Declaration Fee in Lieu of
Petitions.--(a) The names of candidates for nomination as
President of the United States, and the names of all other
candidates for party nominations, and for election as delegates,
alternate delegates, members of committees and other party
officers, shall be printed upon the official primary ballots or
ballot labels of a designated party, upon the filing of separate
nomination petitions in their behalf, in form prescribed by the
Secretary of the Commonwealth, signed by duly registered and
enrolled members of such party who are qualified electors of the
State, or of the political district, as the case may be, within
which the nomination is to be made or election is to be held.
Nomination petitions of delegates and alternate delegates to
National conventions committed to support a particular
presidential candidate must be signed by the particular
presidential candidate to whom support is pledged before it can
be certified by the Secretary of the Commonwealth. [The] Except
as provided in subsection (b), the name of no candidate shall be
placed upon the official ballots or ballot labels of a political
party to be used at any primary, unless such petition shall have
been filed in his behalf. [In] Except as provided in subsection
(c), in no event shall any person's name be printed upon the
official ballots or ballot labels of any party for the office of
delegate, alternate delegate, member of committee or other party
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officer, unless he is a duly registered and enrolled member of
said party.
(b) A county board shall place the name of a candidate on
the official primary ballots or ballot labels if:
(1) the candidate has filed a declaration of candidacy for
nomination and paid the applicable declaration fee under section
912.3, in lieu of filing nomination petitions; and
(2) the declaration of candidacy for nomination and
declaration fee have been received by the office designated as
the place of filing under section 913.
(c) A county board shall place the name of a person who is
seeking election as a delegate, alternate delegate, member of
committee or other party officer on the official ballots or
ballot labels, if:
(1) the person has filed a declaration of candidacy for
nomination and paid the applicable declaration fee under section
912.3, in lieu of filing nomination petitions; and
(2) the declaration of candidacy for nomination and
declaration fee have been received by the office designated as
the place of filing under section 913.
Section 2. Section 910 of the act, amended May 12, 2006
(P.L.178, No.45), is amended to read:
Section 910. Affidavits of Candidates.--Each candidate for
any State, county, city, borough, incorporated town, township,
ward, school district, poor district, election district, party
office, party delegate or alternate, or for the office of United
States Senator or Representative in Congress, shall file with
his nomination petition or declaration of candidacy for
nomination his affidavit stating--(a) his residence, with street
and number, if any, and his post-office address; (b) his
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election district, giving city, borough, town or township; (c)
the name of the office for which he consents to be a candidate;
(d) that he is eligible for such office; (e) that he will not
knowingly violate any provision of this act, or of any law
regulating and limiting nomination and election expenses and
prohibiting corrupt practices in connection therewith; (f)
unless he is a candidate for judge of a court of common pleas,
the Philadelphia Municipal Court or the Traffic Court of
Philadelphia, or for the office of school director in a district
where that office is elective or for the office of justice of
the peace that he is not a candidate for nomination for the same
office of any party other than the one designated in such
petition or declaration of candidacy for nomination; (g) if he
is a candidate for a delegate, or alternate delegate, member of
State committee, National committee or party officer, that he is
a registered and enrolled member of the designated party; (h) if
he is a candidate for delegate or alternate delegate the
presidential candidate to whom he is committed or the term
"uncommitted"; (i) that he is aware of the provisions of section
1626 of this act requiring pre-election and post-election
reporting of campaign contributions and expenditures; and (j)
that he is not a candidate for an office which he already holds,
the term of which is not set to expire in the same year as the
office subject to the affidavit. In cases of petitions for
delegate and alternate delegate to National conventions, the
candidate's affidavit shall state that his signature to the
delegate's statement, as hereinafter set forth, if such
statement is signed by said candidate, was affixed to the sheet
or sheets of said petition prior to the circulation of same. In
the case of a candidate for nomination as President of the
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United States, it shall not be necessary for such candidate to
file the affidavit required in this section to be filed by
candidates, but the post-office address of such candidate shall
be stated in such nomination petition.
Section 3. Section 911 of the act, amended December 22, 1971
(P.L.613, No.165), is amended to read:
Section 911. Statement of Candidates for Delegates to
National Conventions.--Each candidate for election as delegate
or alternate delegate to a National party convention may
include, with his affidavit, the statement hereinafter set forth
in this section; but his failure to include such statement shall
not be a valid ground, on the part of the Secretary of the
Commonwealth, for refusal to receive and file his nomination
petition or declaration of candidacy for nomination. Such
statement, if signed and filed with a petition, shall be signed
on all the sheets of said petition, together with the date of
signing and shall be in substantially the following form:
Delegate's Statement
I hereby declare to the voters of my political party in the
(here insert "State of Pennsylvania," if a delegate or alternate
delegate at large; otherwise, insert " District") that, if
elected and in attendance as a delegate to the National
convention of the party, I shall, with all fidelity, to the best
of my judgment and ability, in all matters coming before the
convention, support (here insert name of presidential candidate)
for President of the United States and shall use all honorable
means within my power to aid in securing the nomination for such
candidate for President.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of candidate for delegate or alternate delegate, and
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date of signing.)
On the ballots or ballot labels used at a primary, after or
under the name of each candidate for delegate or alternate
delegate to a National party convention, shall appear the words
"committed to (here insert name of presidential candidate)" or
"uncommitted" according to whether the candidate included, or
failed to include, the above statement with his affidavit.
Section 4. Section 912.1 of the act, amended February 13,
1989 (P.L.1, No.1), is amended to read:
Section 912.1. Number of Signers Required for Nomination
Petitions of Candidates at Primaries.--[Candidates] Except as
provided in section 912.3, candidates for nomination of offices
as listed below shall present a nominating petition containing
at least as many valid signatures of registered and enrolled
members of the proper party as listed below:
(1) President of the United States: Two thousand.
(2) United States Senate: Two thousand.
(3) Governor: Two thousand including at least one hundred
from each of at least ten counties.
(4) Lieutenant Governor: One thousand including at least one
hundred from each of at least five counties.
(5) Treasurer: One thousand including at least one hundred
from each of at least five counties.
(6) Auditor General: One thousand including at least one
hundred from each of at least five counties.
(7) Attorney General: One thousand including at least one
hundred from each of at least five counties.
(8) Justice of the Supreme Court: One thousand including at
least one hundred from each of at least five counties.
(9) Judge of the Superior Court: One thousand including at
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least one hundred from each of at least five counties.
(10) Judge of the Commonwealth Court: One thousand including
at least one hundred from each of at least five counties.
(11) For any other office to be filled by the vote of the
electors of the State at large or for any other party office to
be elected by the electors of the State at large: One thousand
including at least one hundred from each of at least five
counties.
(12) Representative in Congress: One thousand.
(13) Senator in the General Assembly: Five hundred.
(14) Representative in the General Assembly: Three hundred.
(15) Public or party offices to be filled by a vote of the
electors in counties of the first class at large: One thousand.
(16) Public or party offices to be filled by a vote of the
electors in counties of the second class at large: Five hundred.
(17) Public or party offices to be filled by a vote of the
electors in cities of the first class at large: One thousand.
(18) Public or party offices to be filled by a vote of the
electors in counties of the second class A at large: Two hundred
fifty.
(19) Public or party offices to be filled by a vote of the
electors in counties of the third class at large: Two hundred
fifty.
(20) Public or party offices to be filled by a vote of the
electors in counties of the fourth class at large: Two hundred
fifty.
(21) Public or party offices to be filled by a vote of the
electors in cities of the second class at large: Two hundred
fifty.
(22) Public or party offices to be filled by a vote of the
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electors in cities of the second class A at large: One hundred.
(23) Public or party offices to be filled by a vote of the
electors in cities of the third class at large: One hundred.
(24) Public or party offices to be filled by a vote of the
electors in counties of the fifth class at large: One hundred.
(25) Public or party offices to be filled by a vote of the
electors in counties of the sixth class at large: One hundred.
(26) Public or party offices to be filled by a vote of the
electors in counties of the seventh class at large: One hundred.
(27) Public or party offices to be filled by a vote of the
electors in counties of the eighth class at large: One hundred.
(28) Office of judge of any court of record other than a
Statewide court or a court in a county of the first or second
class: Two hundred fifty.
(29) District delegate or alternate district delegate to a
National party convention: Two hundred fifty.
(30) Member of State committee: One hundred.
(31) Office of district council member in a city of the
first class: Seven hundred fifty.
(31.1) Office of district council member in a city of the
second class: One hundred.
(32) Office of district justice: One hundred.
(33) Office of judge of election: Ten.
(34) Inspector of elections: Five.
(35) All other public and party offices: Ten.
Section 5. Section 912.2(a) of the act, added February 19,
1986 (P.L.29, No.11), is amended to read:
Section 912.2. Nominations by Minor Political Parties.--(a)
(1) Notwithstanding any other provision in this act to the
contrary, minor political parties shall nominate all of their
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candidates for the offices to be filled at the ensuing November
election pursuant to section 903 in accordance with the
requirements of section 951, other than subsection (e)(6) and
(7) thereof, and section 954, and shall obtain the required
signatures during the same time frame available to political
bodies.
(2) In lieu of seeking nomination under paragraph (1), a
minor political party candidate may file a declaration of
candidacy for election and pay a declaration fee under sections
951, 952.1 and 953.
(3) Minor political parties shall be subject to the
provisions of this act applicable to political parties with
respect to special elections, voter registration forms,
substituted nominations and all other purposes except as
otherwise expressly provided in this section. "Minor political
party" shall mean a political party as defined in section 801(a)
or (b) whose State-wide registration is less than fifteen per
centum of the combined State-wide registration for all State-
wide political parties as of the close of the registration
period immediately preceding the most recent November election.
The Secretary of the Commonwealth shall prescribe forms or, if
there is insufficient time, make appropriate conforming changes
in existing forms to carry out the purposes of this section.
* * *
Section 6. The act is amended by adding a section to read:
Section 912.3. Declaration of Candidacy for Nomination;
Declaration Fees.--(a) In lieu of filing nomination petitions
under section 907, a candidate for nomination or election may
seek to have the his or her name placed on the official ballots
or ballot labels by filing a declaration of candidacy for
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nomination and paying the declaration fee required under this
section. The declaration of candidacy for nomination shall
include the candidate's residence, with street and number, if
any, and the candidate's post-office address; the candidate's
election district, including the city, borough, town or township
in which the election district is located; and the name of the
office for which the individual consents to be a candidate and a
signed statement of the candidate's intent to seek nomination or
election to the office identified. The declaration of candidacy
for nomination shall not be considered complete unless it is
accompanied by a completed candidate affidavit and payment of
the applicant declaration fee, as follows:
(1) President of the United States, the sum of two thousand
dollars ($2,000.00).
(2) United States Senate, the sum of two thousand dollars
($2,000.00).
(3) Governor, the sum of two thousand dollars ($2,000.00).
(4) Lieutenant Governor, the sum of one thousand dollars
($1,000.00).
(5) Treasurer, the sum of one thousand dollars ($1,000.00).
(6) Auditor General, the sum of one thousand dollars
($1,000.00).
(7) Attorney General, the sum of one thousand dollars
($1,000.00).
(8) Justice of the Supreme Court, the sum of one thousand
dollars ($1,000.00).
(9) Judge of the Superior Court, the sum of one thousand
dollars ($1,000.00).
(10) Judge of the Commonwealth Court, the sum of one
thousand dollars ($1,000.00).
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(11) For any other office to be filled by the vote of the
electors of the State at large or for any other party office to
be elected by the electors of the State at large, the sum of one
thousand dollars ($1,000.00).
(12) Representative in Congress, the sum of one thousand
dollars ($1,000.00).
(13) Senator in the General Assembly, the sum of five
hundred dollars ($500.00).
(14) Representative in the General Assembly, the sum of
three hundred dollars ($300.00).
(15) Public or party offices to be filled by a vote of the
electors in counties of the first class at large, the sum of one
thousand dollars ($1,000.00).
(16) Public or party offices to be filled by a vote of the
electors in counties of the second class at large, the sum of
five hundred dollars ($500.00).
(17) Public or party offices to be filled by a vote of the
electors in cities of the first class at large, the sum of one
thousand dollars ($1,000.00).
(18) Public or party offices to be filled by a vote of the
electors in counties of the second class A at large, the sum of
two hundred fifty dollars ($250.00).
(19) Public or party offices to be filled by a vote of the
electors in counties of the third class at large, the sum of two
hundred fifty dollars ($250.00).
(20) Public or party offices to be filled by a vote of the
electors in counties of the fourth class at large, the sum of
two hundred fifty dollars ($250.00).
(21) Public or party offices to be filled by a vote of the
electors in cities of the second class at large, the sum of two
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hundred fifty dollars ($250.00).
(22) Public or party offices to be filled by a vote of the
electors in cities of the second class A at large, the sum of
one hundred dollars ($100.00).
(23) Public or party offices to be filled by a vote of the
electors in cities of the third class at large, the sum of one
hundred dollars ($100.00).
(24) Public or party offices to be filled by a vote of the
electors in counties of the fifth class at large, the sum of one
hundred dollars ($100.00).
(25) Public or party offices to be filled by a vote of the
electors in counties of the sixth class at large, the sum of one
hundred dollars ($100.00).
(26) Public or party offices to be filled by a vote of the
electors in counties of the seventh class at large, the sum of
one hundred dollars ($100.00).
(27) Public or party offices to be filled by a vote of the
electors in counties of the eighth class at large, the sum of
one hundred dollars ($100.00).
(28) Office of judge of any court of record other than a
Statewide court or a court in a county of the first class or
second class, the sum of two hundred fifty dollars ($250.00).
(29) District delegate or alternate district delegate to a
national party convention, the sum of two hundred fifty dollars
($250.00).
(30) Member of State committee, the sum of one hundred
dollars ($100.00).
(31) Office of district council member in a city of the
first class, the sum of seven hundred fifty dollars ($750.00).
(32) Office of district council member in a city of the
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second class, the sum of one hundred dollars ($100.00).
(33) Office of magisterial district judge, the sum of one
hundred dollars ($100.00).
(34) Office of judge of election, the sum of ten dollars
($10.00).
(35) Inspector of elections, the sum of five dollars
($5.00).
(36) All other public and party offices, the sum of ten
dollars ($10.00).
(b) All moneys paid on account of declaration fees shall be
transmitted by the county board to the county treasurer and
shall become part of the General Fund. Certified checks or money
orders in payment of nomination filing fees shall be made
payable to the Commonwealth or to the county, as the case may
be, and shall be transmitted to the State Treasurer or to the
county treasurer and shall become part of the General Fund. The
filing fees herein provided for shall not be refunded in the
event of the withdrawal of any candidate named in any petition,
or for any other cause whatsoever.
Section 7. Section 913 of the act, amended June 28, 1947
(P.L.1055, No.451), August 13, 1963 (P.L.707, No.379), December
2, 1976 (P.L.1221, No. 269), July 21, 1979 (P.L.189, No.63) and
October 8, 2004 (P.L.807, No.97) and repealed in part December
12, 1984 (P.L.968, No.190), is amended to read:
Section 913. Place and Time of Filing Nomination Petitions
and Declarations of Candidacy for Nomination; Filing Fees.--(a)
Nomination petitions and declarations of candidacy for
nomination in the case of candidates for the office of President
of the United States, United States Senator, Representative in
Congress and for all State offices, including senators,
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representatives and judges of courts of record, for the office
of delegate or alternate delegate to National party conventions,
and for the office of a member of a State or National committee,
shall be filed with the Secretary of the Commonwealth.
Nomination petitions and declarations of candidacy for
nomination in all other cases shall be filed with the county
boards of election of the respective counties. Nomination
petitions and declarations of candidacy for nomination for
candidates for any office to be voted for by the electors of any
city, borough, township, ward or school district which is
situate in two or more counties, shall be filed with the county
board of the county in which the major number of the registered
electors of such city, borough, township, ward or school
district reside. Immediately after the last day for such
candidates to withdraw and after they have cast lots for their
position on the ballots or ballot labels, the said county board
shall certify to the county board of each other county involved
a list of the names, addresses and occupations of the candidates
so filing nomination petitions for each party or declarations of
candidacy for nomination, together with the order in which their
names are to appear upon the primary ballots or ballot labels,
and such other county board shall prepare the primary ballots or
ballot labels to be used in the portion of such city, borough,
township, ward or school district situate in such county
accordingly.
(b.1) Each person filing any nomination petition shall pay
for each petition, at the time of filing, a filing fee to be
determined as follows, and no nomination petition shall be
accepted or filed, unless and until such filing fee is paid by a
certified check or money order or also by cash when filed with
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the county board. All moneys paid on account of filing fees
shall be transmitted by the county board to the county treasurer
and shall become part of the General Fund. Certified checks or
money orders in payment of filing fees shall be made payable to
the Commonwealth of Pennsylvania or to the county, as the case
may be, and shall be transmitted to the State Treasurer or to
the county treasurer and shall become part of the General Fund.
1. If for the office of President of the United States, or
for any public office to be filled by the electors of the State
at large, the sum of two hundred dollars ($200.00).
2. If for the office of Representative in Congress, the sum
of one hundred fifty dollars ($150.00).
3. If for the office of judge of a court of record,
excepting judges to be voted for by the electors of the State at
large, the sum of one hundred dollars ($100.00).
4. If for the offices of Senator or Representative in the
General Assembly, for any office to be filled by the electors of
an entire county, for the office of district councilman in a
city of the first class and for any office other than school
district office to be filled by the electors of an entire city,
the sum of one hundred dollars ($100.00), except as provided in
paragraph 4.1.
4.1. If for nonschool board offices for any third class city
official, the sum of twenty-five dollars ($25.00).
6. If for the office of delegate or alternate delegate to
National party convention, or member of National committee or
member of State committee, the sum of twenty-five dollars
($25.00).
7. If for the office of constable, the sum of ten dollars
($10.00).
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8. If for the office of district councilman in a city of the
second class or the office of district justice, the sum of fifty
dollars ($50.00).
(b.2) A filing fee shall not be paid for a nomination
petition for any public office for which no compensation is
provided by law, nor for any nomination petition for any public
officer in any borough, town or township nor any party officer
except as provided above nor for any nomination petition for
judge of election or inspector of elections.
(b.3) A filing fee shall not be charged to any individual
who files a declaration of candidacy for nomination and pays a
declaration fee, in lieu of filing a nomination petition.
(c) The filing fees herein provided for shall not be
refunded in the event of the withdrawal of any candidate named
in any petition, or for any other cause whatsoever.
(d) All nomination petitions and declarations of candidacy
for nomination shall be filed on or before the tenth Tuesday
prior to the primary.
(e) The office in which a nomination petition or declaration
of candidacy for nomination is filed shall issue to the person
filing the nomination petition or declaration of candidacy for
nomination a receipt containing the date and time of filing, the
name of the candidate and the office for which he is a
candidate.
(f) Each person filing any nomination petition or
declaration of candidacy for nomination for public office shall
be given a statement composed by the Secretary of the
Commonwealth setting forth his duties under law to file pre-
election and post-election campaign finance reports, and the
penalties for nonfiling. Each person filing shall also be given
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a form to file expenses if the amount received or expended or
liabilities incurred shall exceed the sum of two hundred fifty
dollars ($250), and a form containing a sworn statement that the
amount received or expended or liabilities incurred do not
exceed the sum of two hundred fifty dollars ($250), with written
instructions prepared by the Secretary of the Commonwealth.
Within three weeks after such candidate has filed, the
appropriate supervisor shall mail the same forms and
instructions to such candidate by first class mail.
Petitions and declarations of candidacy for nomination to be
filed in the office of the Secretary of the Commonwealth shall
be received in said office not later than 5 o'clock P.M. on the
last day for filing same, and all petitions and declarations to
be filed with any county board of elections shall be received in
said office not later than the ordinary closing hour of said
office on the last day for filing same.
Section 8. Section 914 of the act, amended July 11, 1980
(P.L.591, No.127), is amended to read:
Section 914. Withdrawal of Candidates.--Any of the
candidates for nomination or election at any primary may
withdraw his name as a candidate by a request in writing, signed
by him and acknowledged before an officer empowered to
administer oaths, and filed in the office in which his
nomination petition or declaration of candidacy for nomination
was filed. Such withdrawals, to be effective, must be received
in the office of the Secretary of the Commonwealth not later
than 5 o'clock P. M. on the fifteenth day next succeeding the
last day for filing nomination petitions and declarations of
candidacy for nomination in said office, and in the office of
any county board of elections, not later than the ordinary
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closing hour of said office on the fifteenth day next succeeding
the last day for filing nomination petitions and declarations of
candidacy for nomination in said office. No name so withdrawn
shall be printed on the ballot or ballot labels. No candidate
may withdraw any withdrawal notice already received and filed,
and thereby reinstate his nomination petition or declaration of
candidacy for nomination.
Section 9. Section 915 of the act is amended to read:
Section 915. Casting of Lots for Position of Names Upon the
Primary Ballots or Ballot Labels; Notice to Candidates.--
Immediately after the last day fixed for filing of such
nomination petitions and declarations of candidacy for
nomination with them, the Secretary of the Commonwealth or the
county board, as the case may be, shall fix a day for the
casting of lots, in such manner as may be prescribed by the
Secretary of the Commonwealth, or county board, as the case may
be, for the position of names upon the primary ballots or ballot
labels. The Secretary of the Commonwealth shall give at least
two (2) days notice by mail of said date to all candidates whose
petitions or declarations of candidacy for nomination have been
received and filed in his office, and the county board shall
give at least two (2) days notice of said date by posting
thereof in a conspicuous place in its office, and by publication
once in at least two newspapers of general circulation published
in the county. All candidates may appear in person, or by agent
duly authorized by letter of attorney, signed and acknowledged
by an officer empowered to take acknowledgments. In the event of
any of said candidates not being present in person or by
representative at the time of casting of lots, it shall be the
duty of the Secretary of the Commonwealth or the county board,
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as the case may be, to appoint some person to represent such
absentee. After said lots are cast, the Secretary of the
Commonwealth or the county board, as the case may be, shall
accordingly establish the order in which the names of said
candidates are to appear upon the primary ballots or ballot
labels, and certify the same for placing upon the official
primary ballots or ballot labels.
Section 10. Section 916 of the act, amended December 22,
1971 (P.L.613, No.165), is amended to read:
Section 916. Secretary of the Commonwealth to Furnish County
Boards with List of Candidates; Candidates to Be Notified.--The
Secretary of the Commonwealth, as soon as possible after the
last day fixed for the filing of nomination petitions and
declarations of candidacy for nomination with him, and after the
last day for the withdrawal of candidates filing such nomination
petitions and declarations of candidacy for nomination, and
after the candidates shall have cast lots for the position of
their names upon the primary ballots or ballot labels, shall
forward to the county board of each county a correct list of
candidates of each party for the various offices, in the order
in which they are to appear upon the official ballots or ballot
labels, with their respective residences, giving city, borough,
town or township, and post-office addresses as shown in their
affidavits; and shall also at the same time notify the said
candidates by mail that their names have been so certified to
said county boards. In the case of each candidate for delegate
or alternate delegate to a National party convention, the
Secretary of the Commonwealth shall certify as to whether such
candidate has included with his affidavit the statement provided
for in section 911 of this act and in cases where such candidate
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has committed himself to a particular presidential preference,
the name of the presidential candidate to whom he is committed.
Section 11. Section 922.1 of the act, added June 2, 1965
(P.L.93, No.63), is amended to read:
Section 922.1. Setting Aside Nominations of Candidates.--
With respect to any office that was in existence on the
thirteenth Tuesday before the primary and for which nominations
were made at the primary [or], by nomination papers or by
declaration of candidacy for nomination under section 912.3,
whenever it shall appear that said office has been abolished in
accordance with any act of assembly or legal proceeding, the
county board of elections shall set aside all nominations made
for any such office and shall remove such office block affected,
if any, from the ballots or ballot labels for the ensuing
November election.
Section 12. Section 951(a) of the act is amended to read:
Section 951. Nominations by Political Bodies.--(a) In
addition to the party nominations made at primaries, nomination
of candidates for any public office may also be made by
nomination papers signed by qualified electors of the State, or
of the electoral district for which the nomination is made, and
filed in the manner herein provided or by filing a declaration
of candidacy for election and paying the applicable declaration
fee under section 952.1. Such nomination papers and declarations
of candidacy for election shall be in form prescribed by the
Secretary of the Commonwealth, and no other forms than the ones
so prescribed shall be used for such purposes.
* * *
Section 13. The act is amended by adding a section to read:
Section 952.1. Declarations of Candidacy for Election.--(a)
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The declaration of candidacy for election authorized under
section 951 shall include the candidate's residence, with street
and number, if any, and the candidate's post-office address; the
candidate's election district, including the city, borough, town
or township in which the election district is located; and the
name of the office for which the individual consents to be a
candidate and a signed statement of the candidate's intent to
seek nomination or election to the office identified. The
declaration of candidacy for election shall not be considered
complete unless it is accompanied by a completed candidate
affidavit required under subsection (c) and payment of the
applicable declaration fee, determined in accordance with
subsection (b).
(b) The dollar amount of the declaration fee to be paid by
an individual who files a declaration of candidacy for election
to a public office shall be equal to the minimum number of
signatures of qualified electors that must be affixed to
nomination papers submitted on behalf of any individual seeking
nomination to the same public office at the same election under
section 951.
(c) There shall be appended to each declaration of candidacy
for nomination filed a candidate affidavit stating--(1) the
election district in which the candidate resides; (2) the name
of the office for which the individual consents to be a
candidate; (3) that the candidate is eligible for such office;
(4) that the candidate will not knowingly violate any provision
of this act, or of any law regulating and limiting election
expenses, and prohibiting corrupt practices in connection
therewith; (5) that the candidate's name has not been presented
as a candidate by nomination petitions for any public office to
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be voted for at the ensuing primary election, nor has the
candidate been nominated by any other nomination papers filed
for any such office; (6) that in the case where the individual
is a candidate for election at a general or municipal election,
the individual was not a registered and enrolled member of a
party thirty (30) days before the primary held prior to the
general or municipal election in that same year; (7) that, in
the case where the individual is a candidate for election at a
special election, the individual is not a registered and
enrolled member of a party; and (8) that the individual is not a
candidate for an office which the individual already holds, the
term of which is not set to expire in the same year as the
office subject to the affidavit.
Section 14. Section 953 of the act, amended December 2, 1976
(P.L.1221, No.269), July 12, 1980 (P.L.649, No.134) and March 3,
1982 (P.L.127, No.42), is amended to read:
Section 953. Place and Time of Filing Nomination Papers and
Declarations of Candidacy for Election.--
(a) Nomination papers and declarations of candidacy for
election for candidates for presidential electors, United States
Senators, Representatives in Congress, and State offices,
including senators, representatives and judges of courts of
record, shall be filed with the Secretary of the Commonwealth.
Nomination papers and declarations of candidacy for election for
all other candidates shall be filed with the county boards of
elections of the respective counties. Nomination papers and
declarations of candidacy for election for candidates for any
office to be voted for by the electors of any city, borough,
township, ward or school district which is situate in two or
more counties shall be filed with the county board of the county
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in which the major number of the registered electors of such
city, borough, township, ward or school district reside.
Immediately after the last day for withdrawals of candidates
nominated by nomination papers or declarations of candidacy for
election, the said county board shall certify to the county
board of each other county involved a list of the names,
addresses and occupations of the candidates so nominated to be
voted for in two or more counties, together with the names or
appellations of the applicable political bodies [nominating
them].
(b) No nomination paper shall be circulated prior to the
tenth Wednesday prior to the primary, and no signature shall be
counted unless it bears a date affixed not earlier than the
tenth Wednesday prior to the primary nor later than the second
Friday subsequent to the primary.
(c) All nomination papers and declarations of candidacy for
election must be filed on or before the second Friday subsequent
to the primary.
(d) The office in which a nomination paper or declaration of
candidacy for election is filed shall issue to the person filing
the nomination paper or declaration of candidacy for election a
receipt containing the date and time of filing, the name of the
candidate and the office for which he is a candidate.
(e) For the primary election in the year 1982, the time
schedule relating to circulating and filing of nominating
petitions, filing of objections, and casting of lots for
position on the ballot or ballot labels for the Office of
Representative in Congress shall be delayed twenty-one (21) days
from the times otherwise specified in this act and the time for
withdrawal of candidates for such office shall be delayed
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fourteen (14) days from the time otherwise specified in this
act.
Section 15. Section 954 of the act, amended September 11,
1959 (P.L.877, No.351), is amended to read:
Section 954. Filing Fee.--(a) The same filing fee shall be
paid for each candidate nominated by a nomination paper as
required in section 913 for the filing of nomination petitions
by candidates for nomination to the same office. Each nomination
paper nominating a candidate or a group of candidates for office
shall be accompanied by a certified check or money order drawn
in the proper amount to cover the filing fees for each candidate
nominated therein but in no case less than the sum of five
dollars ($5.00), and payable to the Commonwealth of Pennsylvania
or to the county, as the case may be. All fees so received by
the Secretary of the Commonwealth or the county election board
shall be transmitted to the State Treasurer or to the county
treasurer, as the case may be, and shall become part of the
General Fund.
(b) A filing fee shall not be charged to any individual who
files a declaration of candidacy for election and pays a
declaration fee, in lieu of filing nomination papers.
Section 16. Section 976 of the act, amended July 28, 1941
(P.L.526, No.213) and February 19, 1986 (P.L.29, No.11) and
repealed in part April 28, 1978 (P.L.202, No. 53), is amended to
read:
Section 976. Examination of Nomination Petitions,
Certificates [and], Papers, Declarations; Return of Rejected
Nomination Petitions, Certificates [and], Papers, Declarations
of Candidacy for Nomination and Declarations of Candidacy for
Election.--When any nomination petition, nomination certificate
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[or], nomination paper, declaration of candidacy for nomination
or declaration of candidacy for election is presented in the
office of the Secretary of the Commonwealth or of any county
board of elections for filing within the period limited by this
act, it shall be the duty of the said officer or board to
examine the same. No nomination petition, nomination paper [or],
nomination certificate, declaration of candidacy for nomination
or declaration of candidacy for election shall be permitted to
be filed if--(a) it contains material errors or defects apparent
on the face thereof, or on the face of the appended or
accompanying affidavits; or (b) in the case of a nomination
petition, nomination paper or nomination certificate, it
contains material alterations made after signing without the
consent of the signers; or (c) in the case of a nomination
petition, nomination paper or nomination certificate, it does
not contain a sufficient number of signatures as required by
law; Provided, however, That the Secretary of the Commonwealth
or the county board of elections, although not hereby required
so to do, may question the genuineness of any signature or
signatures appearing thereon, and if he or it shall thereupon
find that any such signature or signatures are not genuine, such
signature or signatures shall be disregarded in determining
whether the nomination petition, nomination paper or nomination
certificate contains a sufficient number of signatures as
required by law; or (d) in the case of nomination petitions or
declarations of candidacy for nomination, if nomination
petitions have been filed or a declaration of candidacy for
nomination has been filed for printing the name of the same
person for the same office, except the office of judge of a
court of common pleas, the Philadelphia Municipal Court or the
20110HB1634PN2039 - 25 -
Traffic Court of Philadelphia, or the office of school director
in districts where that office is elective or the office of
justice of the peace upon the official ballot of more than one
political party; or (e) in the case of nomination papers or
declarations of candidacy for election, if the candidate named
therein has filed a nomination petition or a declaration of
candidacy for nomination for any public office for the ensuing
primary, or has been nominated for any such office by nomination
papers previously filed; or (f) if the nomination petitions or
papers are not accompanied by the filing fee or certified check
required for said office; or (f.1) if the declaration of
candidacy for nomination or the declaration of candidacy for
election is not accompanied by the required declaration fee as
determined under section 912.3 or 952.1; or (g) in the case of
nomination papers or a declaration of candidacy for election,
the appellation set forth therein is identical with or
deceptively similar to the words used by any existing party or
by any political body which has already filed nomination papers
or by any candidate who has filed a declaration of candidacy for
election for the same office, or if the appellation set forth
therein contains part of the name, or an abbreviation of the
name or part of the name of an existing political party, or of a
political body which has already filed nomination papers for the
same office. The invalidity of any sheet of a nomination
petition or nomination paper shall not affect the validity of
such petition or paper if a sufficient petition or paper remains
after eliminating such invalid sheet. The action of said officer
or board in refusing to receive and file any such nomination
petition, certificate [or], paper, declaration of candidacy for
nomination or declaration of candidacy for election may be
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reviewed by the court upon an application to compel its
reception as of the date when it was presented to the office of
such officer or board: Provided, however, That said officer or
board shall be entitled to a reasonable time in which to examine
any petitions, certificates [or], papers, declarations of
candidacy for nomination or declarations of candidacy for
election and to summon and interrogate the candidates named
therein, or the persons presenting said petitions, certificates
or papers, and his or their retention of same for the purpose of
making such examination or interrogation shall not be construed
as an acceptance or filing.
Upon completion of any examination, if any nomination
petition, certificate [or], paper, declaration of candidacy for
nomination or declaration of candidacy for election is found to
be defective, it shall forthwith be rejected and returned to the
candidate or one of the candidates named therein, together with
a statement of the reasons for such rejection:
Provided further, That no nomination petition, nomination
paper [or], nomination certificate, declaration of candidacy for
nomination or declaration of candidacy for election shall be
permitted to be filed, if the political party or political body
referred to therein shall be composed of a group of electors
whose purposes or aims, or one of whose purposes or aims, is the
establishment, control, conduct, seizure or overthrow of the
Government of the Commonwealth of Pennsylvania or the United
States of America by the use of force, violence, military
measure or threats of one or more of the foregoing. The
authority to reject such nomination petition, paper [or],
certificate, declaration of candidacy for nomination or
declaration of candidacy for election for this reason shall,
20110HB1634PN2039 - 27 -
when filed with the Secretary of the Commonwealth, be vested in
a committee composed of the Governor, the Attorney General and
the Secretary of the Commonwealth, and when filed with any
county board of elections shall be vested in such board. If in
such case the committee or board, as the case may be, shall
conclude that the acceptance of such nomination petition, paper
[or], certificate, declaration of candidacy for nomination or
declaration of candidacy for election should be refused, it
shall within two days of the filing of such nomination petition,
paper [or], certificate, declaration of candidacy for nomination
or declaration of candidacy for election fix a place and a time
five days in advance for hearing the matter, and notice thereof
shall be given to all parties affected thereby. At the time and
place so fixed the committee or board, as the case may be, shall
hear testimony, but shall not be bound by technical rules of
evidence. The testimony presented shall be stenographically
recorded and made a part of the record of the committee or
board. Within two days after such hearing the committee or
board, if satisfied upon competent evidence that the said
nomination petition, paper [or], certificate, declaration of
candidacy for nomination or declaration of candidacy for
election is not entitled to be accepted and filed, it shall
announce its decision and immediately notify the parties
affected thereby. Failure to announce decision within two days
after such hearing shall be conclusive that such nomination
petition, paper [or], certificate, declaration of candidacy for
nomination or declaration of candidacy for election has been
accepted and filed. The decision of said committee or board in
refusing to accept and file such nomination petition, paper
[or], certificate, declaration of candidacy for nomination or
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declaration of candidacy for election may be reviewed by the
court upon an application to compel its reception as of the date
when presented to the Secretary of the Commonwealth or such
board. The application shall be made within two days of the time
when such decision is announced. If the application is properly
made, any judge of said court may fix a time and place for
hearing the matter in dispute, of which notice shall be served
with a copy of said application upon the Secretary of the
Commonwealth or the county board of elections, as the case may
be. At the time so fixed, the court, or any judge thereof
assigned for the purpose, shall hear the case de novo. If after
such hearing the said court shall find that the decision of the
committee or the board was erroneous, it shall issue its mandate
to the committee or board to correct its decision and to accept
and file the nomination paper, petition [or], certificate,
declaration of candidacy for nomination or declaration of
candidacy for election. From any decision of the court an appeal
may be taken within two days after the entry thereof. It shall
be the duty of the said court to fix the hearing and to announce
its decision within such period of time as will permit the
Secretary of the Commonwealth or the county board of elections
to permit the names of the candidates affected by the court's
decision to be printed on the ballot, if the court should so
determine.
Section 17. Section 977 of the act, amended February 13,
1998 (P.L.72, No.18) and repealed in part April 28, 1978
(P.L.202, No.53), is amended to read:
Section 977. Objections to Nomination Petitions and Papers,
and Declarations.--All nomination petitions and papers, and all
declarations of candidacy for nomination and declarations of
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candidacy for election received and filed within the periods
limited by this act shall be deemed to be valid, unless, within
seven days after the last day for filing said nomination
petition [or], paper or declaration, a petition is presented to
the court specifically setting forth the objections thereto, and
praying that the said petition [or], paper or declaration of
candidacy be set aside. A copy of said petition shall, within
said period, be served on the officer or board with whom said
nomination petition [or], paper, or declaration of candidacy was
filed. Upon the presentation of such a petition, the court shall
make an order fixing a time for hearing which shall not be later
than ten days after the last day for filing said nomination
petition [or], paper, or declaration of candidacy, and
specifying the time and manner of notice that shall be given to
the candidate or candidates named in the nomination petition
[or], paper, or declaration of candidacy sought to be set aside.
On the day fixed for said hearing, the court shall proceed
without delay to hear said objections, and shall give such
hearing precedence over other business before it, and shall
finally determine said matter not later than fifteen (15) days
after the last day for filing said nomination petitions or
papers. If the court shall find that said nomination petition
[or], paper, or declaration of candidacy is defective under the
provisions of section 976, or, in the case of a nomination
petition or paper, does not contain a sufficient number of
genuine signatures of electors entitled to sign the same under
the provisions of this act, or was not filed by persons entitled
to file the same, it shall be set aside. If the objections
relate to material errors or defects apparent on the face of the
nomination petition [or], paper, or declaration of candidacy,
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the court, after hearing, may, in its discretion, permit
amendments within such time and upon such terms as to payment of
costs, as the said court may specify. In case any such petition
is dismissed, the court shall make such order as to the payment
of the costs of the proceedings, including witness fees, as it
shall deem just. If a person shall sign any nomination petitions
or papers for a greater number of candidates than he is
permitted under the provisions of this act, if said signatures
bear the same date, they shall, upon objections filed thereto,
not be counted on any petition or paper and if they bear
different dates, they shall be counted in the order of their
priority of date, for only so many persons as there are
candidates to be nominated or elected. The office of the
Prothonotary of the Commonwealth Court and the office of the
Secretary of the Commonwealth and the various offices of
prothonotary of the court of common pleas shall be open between
the hours of eight-thirty o'clock A.M. and five o'clock P.M. on
the last day to withdraw after filing nomination petitions and
on the last day to file objections to nomination petitions.
Section 18. Section 978.1 of the act, amended August 13,
1963 (P.L.707, No. 379) and repealed in part April 28, 1978
(P.L.202, No.53), are amended to read:
Section 978.1. Vacancy in Party Nomination by Failure to Pay
Filing Fee or for Failure to File Loyalty Oath.--(a) Every
person nominated at any primary election as the candidate of any
political party for any office, other than a borough, town,
township, school district or poor district office, or the office
of justice of the peace, or constable, who has not paid the
filing fee required by section nine hundred thirteen of this
act, as amended, for the filing of a nomination petition for
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such office, or who has not filed the loyalty oath required by
section 14, act of December 22, 1951 (P.L.1726), known as the
"Pennsylvania Loyalty Act," as last amended June 19, 1961
(P.L.446), shall pay the amount of such fee to and file such
oath with the Secretary of the Commonwealth, or the county board
of elections, as the case may be, at least eighty-five (85) days
previous to the day of the general or municipal election at
which such candidate's name would appear on the ballot.
(b) Any candidate whose declaration of candidacy for
nomination or declaration of candidacy for election has been
accepted by the Secretary or the county board under section 976,
who has not filed the loyalty oath required by section 14 of the
act of December 22, 1951 (P.L.1726, No.463), known as the
"Pennsylvania Loyalty Act," shall file such oath with the
Secretary of the Commonwealth, or the county board of elections,
as the case may be, at least eighty-five (85) days previous to
the day of the general or municipal election at which such
candidate's name would appear on the ballot.
(c) Failure to pay such fee or file such oath within the
time herein prescribed shall result in a vacancy in such party
nomination. Such vacancy shall be filled in the manner
hereinafter provided for the filling of such vacancies happening
by reason of the death or withdrawal of any candidate.
Section 19. Section 983 of the act is amended to read:
Section 983. Preservation of Nomination Petitions,
Certificates and Papers and Declarations.--All nomination
petitions, certificates [and], papers, declarations of candidacy
for nomination and declarations of candidacy for election shall
be preserved in the offices where they have been filed for a
period of at least two years.
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Section 20. This act shall take effect in 60 days.
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