Bill Summary – FastDemocracy

PRINTER'S NO.     3809
                    THE GENERAL ASSEMBLY OF PENNSYLVANIA
                        HOUSE BILL
                        No. 2657
                                                 Session of
                                                   2024
     INTRODUCED BY GROVE, KAUFFMAN, CABELL, MOUL, MENTZER, JOZWIAK
        AND ROWE, OCTOBER 28, 2024
     REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 28, 2024
                                      AN ACT
 Providing for ballot access; and imposing duties on the
    Department of State.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
 Section 1.   Short title.
    This act shall be known and may be cited as the Ballot Access
 Improvement Act.
 Section 2.   Definitions.
    The following words and phrases when used in this act shall
 have the meanings given to them in this section unless the
 context clearly indicates otherwise:
    "County."   A county of this Commonwealth.
    "County board."   A county board of elections in a county.
    "Department."   The Department of State of the Commonwealth.
    "General election."      The election that the Constitution of
 Pennsylvania requires to be held in even-numbered years.
    "Municipal election."      The election that the Constitution of
 Pennsylvania requires to be held in odd-numbered years.
    "Nomination petition."       As described under Article IX of the
 act of June 3, 1937 (P.L.1333, No.320), known as the
 Pennsylvania Election Code.
    "Nomination petition filing fee."      A filing fee established
 under section 5(a) that may be paid in lieu of filing a
 nomination petition to appear on a ballot.
    "Nomination petition filing fee receipt."      A paper or
 electronic receipt that provides proof of a successful transfer
 of money to satisfy the payment of a nomination petition filing
 fee.
    "Primary election."     An election held for the purpose of
 electing party officers and nominating candidates for public
 offices to be voted for at a general election or municipal
 election.
    "Secretary."     The Secretary of the Commonwealth.
    "Voting district."     A geographic area within this
 Commonwealth that hosts an election of public officials that
 serve at the pleasure of the electorate within the geographic
 area.
 Section 3.     Ballot access.
    (a)   Requirement.--A candidate for any of the offices or
 judgeships specified under subsection (b) who meets the
 requirements to be eligible to be placed on the ballot for the
 general election must do one of the following:
          (1)   Submit to the department or, as applicable, the
    appropriate county board a nomination petition and
    corresponding filing fees in accordance with section 913 of
    the act of June 3, 1937 (P.L.1333, No.320), known as the
    Pennsylvania Election Code.
          (2)   Make a payment in full of a nomination petition
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    filing fee to the department or, as applicable, the
    appropriate county board.
    (b)   Applicability.--Subsection (a) applies to a candidate
 seeking any of the following:
          (1)    The office of President of the United States.
          (2)    The office of delegate or alternate to a national
    party convention.
          (3)    The office of a member of a national or State party
    committee.
          (4)    The office of Senator in the United States Senate.
          (5)    The office of Representative in the United States
    House of Representatives.
          (6)    A Statewide office.
          (7)    The office of Senator in the General Assembly.
          (8)    The office of Representative in the General
    Assembly.
          (9)    A Statewide judgeship.
          (10)    A court of common pleas judgeship.
          (11)    The office of magisterial district judge.
          (12)    A county or municipal office.
 Section 4.      Municipal filing jurisdiction.
    A candidate for an elective office of a city, borough,
 incorporated town, township, ward or school district which is
 located in two or more counties shall be required to file the
 nomination petition or nomination petition filing fee with the
 county board of the county in which the majority or a plurality
 of the number of the registered electors of the city, borough,
 incorporated town, township, ward or school district reside.
 Section 5.      Nomination petition filing fee.
    (a)   Amounts.--The amount of the nomination petition filing
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 fee shall be as follows:
          (1)   $38,500 for the following:
                (i)    The office of President of the United States.
                (ii)    The office of Senator in the United States
          Senate.
                (iii)    A Statewide office.
                (iv)    A Statewide judgeship.
          (2)   $10,000 for the following:
                (i)    The office of Representative in the United
          States House of Representatives.
                (ii)    The office of delegate or alternate to a
          national party convention.
          (3)   $5,000 for the following:
                (i)    The office of Senator in the General Assembly.
                (ii)    The office of a member of a national or State
          party committee.
                (iii)    A court of common pleas judgeship.
                (iv)    The office of magisterial district judge.
                (v)    A county or municipal office.
          (4)   $3,000 for the office of Representative in the
    General Assembly.
    (b)   Disbursement.--The amount of the nomination petition
 filing fee shall be disbursed as follows:
          (1)   From the nomination petition filing fee under
    subsection (a)(1):
                (i)    Each county shall receive $500.
                (ii)    The department shall retain $5,000.
          (2)   From the nomination petition filing fee under
    subsection (a)(2)(i), (3)(i), (iii), (iv) or (v) or (4), the
    department shall retain $500 and the remaining money shall be
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    distributed to the county or counties served by the office by
    using the percentage of the population of registered voters
    of the county or counties in the voting district.
    (c)   Applicability.--A nomination petition filing fee shall
 not apply to a public office for which a filing fee is not
 applicable, as specified in section 913(b.2) of the act of June
 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
 Code.
    (d)   Refunds.--A nomination petition filing fee paid by an
 individual shall not be refunded if the individual ceases to be
 a candidate for the office for which the nomination petition
 filing fee was paid, because of withdrawal of candidacy or
 otherwise.
 Section 6.     Restrictions.
    All money distributed to the department and counties from
 nomination petition filing fees shall only be used for costs
 associated with the filing of petitions or with the operations
 and administration of primary elections.
 Section 7.     Filing deadlines.
    The following deadlines apply:
          (1)   A nomination petition filing fee must be filed and
    paid in full on or before the 10th Tuesday prior to the
    primary election.
          (2)   A nomination petition filing fee payment made to the
    department must be received by the department no later than 5
    p.m. on the last day for filing.
          (3)   A petition to be filed with a county board must be
    received in the office of the county board no later than the
    ordinary closing hour of the office on the last day for
    filing.
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 Section 8.     Nomination petition filing fee receipt.
    (a)   Issuance.--The office in which a nomination petition
 filing fee is paid shall issue a nomination petition filing fee
 receipt, which contains, at a minimum:
          (1)   The date and time of filing.
          (2)   The amount paid.
          (3)   The name of the candidate.
          (4)   The office for which the individual is a candidate.
    (b)   Information and forms.--The following shall accompany
 each nomination petition filing fee receipt but, if not
 practicable, shall be sent by first class mail to the candidate
 within three weeks after payment of the nomination petition
 filing fee:
          (1)   A statement composed by the secretary specifying the
    duties under law to file pre-election and post-election
    campaign finance reports and the penalties for nonfiling.
          (2)   A form to file expenses if the amounts received or
    expended or liabilities incurred exceed $250, with
    instructions prepared by the secretary.
          (3)   A form containing a sworn statement to be completed
    if the amounts received or expended or liabilities incurred
    do not exceed $250, with written instructions prepared by the
    secretary.
 Section 9.     Certification of candidates.
    (a)   Certification of compliance.--Immediately after the last
 day for candidates to withdraw from an election and after they
 have cast lots for their position on the ballots or ballot
 labels, the secretary shall certify to the county board the list
 of candidates that have complied with section 3.
    (b)   Other appropriate county boards.--Each county board
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 shall certify to any other appropriate county board a list of
 the names, addresses and occupations of the candidates that have
 complied with section 3 for each party, together with the order
 in which their names are to appear upon the primary ballots or
 ballot labels. Each other appropriate county board shall prepare
 the primary ballots or ballot labels to be used in the portion
 of the city, borough, incorporated town, township, ward or
 school district located in the county for which the other
 appropriate county board has jurisdiction.
 Section 10.   Rules or guidance.
    The department shall develop any rules or guidance necessary
 to implement, administer or enforce the provisions of this act.
 Section 11.   Effective date.
    This act shall take effect in 60 days.
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