PRINTER'S NO. 2023
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1709
Session of
2023
INTRODUCED BY DIAMOND, HAMM, STEHR, GILLEN, ROZZI, KAUFFMAN,
JAMES AND MOUL, SEPTEMBER 25, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 25, 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 nomination of candidates, further providing
for affidavits of candidates and for nominations by political
bodies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 910 and 951(e) of the act of June 3,
1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, are 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
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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
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) that he is not filing a
nomination petition for more than one public office to be
elected at the same election. 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
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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,
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) that he is not
filing a nomination petition for more than one public office to
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be elected at the same election.
Section 2. This act shall take effect in 60 days.
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