Bill Summary – FastDemocracy

PRINTER'S NO.   1928
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 1644
                                               Session of
                                                 2023
     INTRODUCED BY ROZZI, AUGUST 29, 2023
     REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 29, 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 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, nominations by political bodies,
    limitations on eligibility of candidates and affidavits of
    candidates.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Sections 630.1, 910, 951(e), 951.1 and 981.1 of
 the act of June 3, 1937 (P.L.1333, No.320), known as the
 Pennsylvania Election Code, 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;
 (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
 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; (f.1) that he is not a candidate for any other
 office, excluding the office of President of the United States
 and the office of Vice President of the United States; (g) that
 he is aware of the provisions of section 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.
    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
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 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; (f.1) that he is not a
 candidate for any other office, excluding the office of
 President of the United States and the office of Vice President
 of the United States; (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
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 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 a
 candidate for any other office, excluding the office of
 President of the United States and the office of Vice President
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 of the United States.
       Section 951.1.   Limitations on Eligibility of Candidates.--
 (a)    Any person who is a registered and enrolled member of a
 party during any period of time beginning with thirty (30) days
 before the primary and extending through the general or
 municipal election of that same year shall be ineligible to be
 the candidate of a political body in a general or municipal
 election held in that same year nor shall any person who is a
 registered and enrolled member of a party be eligible to be the
 candidate of a political body for a special election.
       (b)   Subject to subsection (a), a candidate may not seek
 nomination or appear on a ballot for more than one public office
 in an election, unless the additional public office the
 candidate seeks nomination or election for is the office of
 President of the United States or the office of Vice President
 of the United States.
       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
 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
 corrupt practices in connection therewith; (f) unless he is a
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 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; (f.1) that he is not a candidate for any other
 office, excluding the office of President of the United States
 and the office of Vice President of the United States; (g) that
 he is aware of the provisions of section 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.
    Section 2.   This act shall apply to elections held at least
 90 days after the effective date of this section.
    Section 3.   This act shall take effect immediately.
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