2023-2024 Regular Session HB 1196 PN 1267 Bill Text (HTM)

PRINTER'S NO. 1267

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1196

Session of

2023

INTRODUCED BY LAWRENCE, FLICK, HEFFLEY, JOZWIAK, KRUPA AND

SMITH, MAY 19, 2023

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 19, 2023

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 preliminary provisions, further providing for

definitions; in dates of elections and primaries and special

elections, further providing for affidavits of candidates;

and, in nomination of candidates, further providing for

affidavits of candidates, for nominations by political

bodies, for examination of nomination petitions, certificates

and papers and return of rejected nomination petitions,

certificates and papers and for affidavits of candidates.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, is amended by

adding subsections to read:

Section 102. Definitions.--The following words, when used in

this act, shall have the following meanings, unless otherwise

clearly apparent from the context:

* * *

(z.7) The words "controlled substance" shall mean a drug,

substance or immediate precursor included in Schedule I of

section 4 of the act of April 14, 1972 (P.L.233, No.64), known

as "The Controlled Substance, Drug, Device and Cosmetic Act."

(z.8) The words "testing laboratory" shall mean a laboratory

that is certified by the United States Department of Health and

Human Services to conduct drug and specimen validity tests on

urine specimens for Federal agencies.

Section 2. Sections 630.1, 910, 951(e), 976 introductory

paragraph and 981.1 of the act are amended to read:

Section 630.1. Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

school district or poor district office, or for the office of

United States Senator or Representative in Congress, selected as

provided in section 630 of this act, shall file with the

nomination certificate an affidavit stating--(a) his residence,

with street and number, if any, and his post-office address; (b)

his election district, giving city, borough, town or township;

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 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 for the office of school board in a district

where that office is elective or for the office of justice of

the peace, that he is not a candidate for the same office of any

party or political body other than the one designated in such

certificate; (g) that he is aware of the provisions of section

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1626 of this act requiring election and post-election reporting

of campaign contributions and expenditures; [and] (h) 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[.]; and (i) in the case of a candidate

for State office, that the candidate has undergone controlled

substance testing conducted by a testing laboratory no more than

thirty (30) days prior to the deadline for filing the affidavit.

Each candidate for State office who submits an affidavit under

this section shall append to the affidavit the controlled

substance testing report.

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 his affidavit stating--(a) his

residence, with street and number, if any, and his post-office

address; (b) his 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 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; (g) if he is a

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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[.]; and (k) in the case of a

candidate for State office, that the candidate has undergone

controlled substance testing conducted by a testing laboratory

no more than thirty (30) days prior to the deadline for filing

the affidavit. Each candidate for State office who submits an

affidavit under this section shall append to the affidavit the

controlled substance testing report. 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

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 951. Nominations by Political Bodies.--* * *

(e) There shall be appended to each nomination paper offered

for filing an affidavit of each candidate nominated therein,

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stating--(1) the election district in which he resides; (2) the

name of the office for which he consents to be a candidate; (3)

that he is eligible for such office; (4) that he 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 his name has

not been presented as a candidate by nomination petitions for

any public office to be voted for at the ensuing primary

election, nor has he been nominated by any other nomination

papers filed for any such office; (6) that in the case where he

is a candidate for election at a general or municipal election,

he 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 he is a candidate for election at a special election, he

is not a registered and enrolled member of a party; [and] (8)

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[.]; and (9) in the case of a

candidate for State office, that the candidate has undergone

controlled substance testing conducted by a testing laboratory

no more than thirty (30) days prior to the deadline for filing

the affidavit. Each candidate for State office who submits an

affidavit under this section shall append to the affidavit the

controlled substance testing report.

Section 976. Examination of Nomination Petitions,

Certificates and Papers; Return of Rejected Nomination

Petitions, Certificates and Papers.--When any nomination

petition, nomination certificate or nomination paper is

presented in the office of the Secretary of the Commonwealth or

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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 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) it contains material alterations made after

signing without the consent of the signers; or (c) 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, if nomination

petitions have 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

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, if the candidate named therein has filed a

nomination petition 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 (g) in the case of nomination

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papers, 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

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[.]; or (h) in the case of a candidate for State

office, if the nomination petitions, papers or certificates are

not accompanied by a controlled substance testing report, as

required under sections 630.1, 910, 951 and 981.1. 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, may be 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, 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.

* * *

Section 981.1. Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

ward, school district, poor district or election district

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office, or for the office of United States Senator or

Representative in Congress, selected as provided in sections 979

and 980 of this act, shall file with the substituted nomination

certificate an affidavit stating--(a) his residence, with street

and number, if any, and his post-office address; (b) his

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 election expenses and prohibiting