Bill Text: PA SB513 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Further defining political parties and political bodies; and repealing provisions relating to nominations by minor political parties.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2009-03-02 - Referred to STATE GOVERNMENT [SB513 Detail]

Download: Pennsylvania-2009-SB513-Introduced.html

---

PRINTER'S NO. 520
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 513 Session of2009
INTRODUCED BY CORMAN, FOLMER, PICCOLA, ALLOWAY, EARLL, VANCE AND WAUGH, MARCH 2, 2009
REFERRED TO STATE GOVERNMENT, MARCH 2, 2009
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," further defining political parties and political
bodies; and repealing provisions relating to nominations by
minor political parties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 801(a) and (b) of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code,
amended July 28, 1941 (P.L.526, No.213) and December 22, 1971
(P.L.613, No.165), are amended to read:
Section 801. Definition of Political Parties and Political
Bodies.--
(a) Any party or political body[, one of whose candidates at
the general election next preceding the primary polled in each
of at least ten counties of the State not less than two per
centum of the largest entire vote cast in each of said counties
for any elected candidate, and polled a total vote in the State
equal to at least two per centum of the largest entire vote cast
in the State for any elected candidate,] whose State-wide
registration is at least equal to five one-hundredths of one per
centum of the total number of State-wide registered voters as of
the close of the registration period immediately preceding the
most recent November election is hereby declared to be a
political party within the State, and shall nominate all its
candidates for any of the offices provided for in this act, and
shall elect its delegates and alternate delegates to the
National convention as party rules provide. State committee
members, and also such party officers, including members of the
National committee, as its rules provide, shall be elected by a
vote of the party electors, in accordance with the provisions of
this act and party rules.
(b) Any party or political body[, one of whose candidates at
either the general or municipal election preceding the primary
polled at least five per centum of the largest entire vote cast
for any elected candidate in any county,] whose county-wide
registration is at least equal to one-tenth of one per centum of
the total number of county-wide registered voters as of the
close of the registration period immediately preceding the most
recent November election is hereby declared to be a political
party within said county; and shall nominate all its candidates
for office in such county and in all political districts within
said county, or of which said county forms a part, and shall
elect such party officers as its rules provide shall be elected
therein, by a vote of the party electors, in accordance with the
20090SB0513PN0520 - 2 -
provisions of this act.
* * *
Section 2. Section 912.2 of the act, added February 19, 1986
(P.L.29, No.11), is repealed:
[Section 912.2. Nominations by Minor Political Parties.--(a)
Notwithstanding any other provision in this act to the contrary,
minor political parties shall nominate all of their 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. 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.
(b) All nomination papers circulated and filed pursuant to
this section shall specify--(1) the name or appellation of the
minor political party which the candidates nominated thereby
represent and, in the case of electors for President and Vice
President of the United States, the names of the candidates for
20090SB0513PN0520 - 3 -
President and Vice President of such minor political party; (2)
the name of each candidate nominated therein, his profession,
business or occupation, if any, and his place of residence with
street and number, if any; and (3) the office for which such
candidate is nominated. No words shall be used in any nomination
paper to designate the name or appellation of the minor
political party represented by the candidate's name in such
nomination paper which are identical with or deceptively similar
to the words used for a like purpose by any minor political
party which has already filed nomination papers for the same
office. Any petition to set aside a nomination paper on account
of the name or appellation used therein, or involving the right
of the signers thereof to use such name or appellation, or on
any other account, shall be decided as in the case of other
petitions to set aside nomination papers, in the manner provided
by this article.
(c) Each person filing any nomination paper 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 any nomination paper
for public office shall be given 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
20090SB0513PN0520 - 4 -
mail.]
Section 3. This act shall take effect in 60 days.
20090SB0513PN0520 - 5 -