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PRINTER'S NO. 93
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 115
Session of
2025
INTRODUCED BY GROVE, JANUARY 14, 2025
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 14, 2025
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.
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"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 nomination 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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