An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in dates of elections and primaries and special elections, further providing for affidavits of candidates; in nomination of candidates, further providing for affidavits of candidates, for statement of candidates for delegates to national conventions, for Secretary of the Commonwealth to furnish county boards with list of candidates and candidates to be notified, 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; and, in penalties, further providing for false affidavits of candidates and for false signatures and statements in nomination petitions and papers.

PRINTER'S NO. 1433
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1278
Session of
2025
INTRODUCED BY DAVIDSON, SANCHEZ, HANBIDGE, McNEILL, GIRAL,
DONAHUE, K.HARRIS, NEILSON, BURGOS, SOLOMON, HOHENSTEIN,
CEPEDA-FREYTIZ AND DOUGHERTY, APRIL 22, 2025
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 22, 2025
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; in
nomination of candidates, further providing for affidavits of
candidates, for statement of candidates for delegates to
national conventions, for Secretary of the Commonwealth to
furnish county boards with list of candidates and candidates
to be notified, 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; and, in penalties,
further providing for false affidavits of candidates and for
false signatures and statements in nomination petitions and
papers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 630.1, 910, 911, 916, 951(e), 976,
981.1, 1802.1 and 1813 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, are amended to
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read:
Section 630.1. [Affidavits] Statement 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] a statement,
subject to the penalties of 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities), 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; (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]
statement.
Section 910. [Affidavits] Statement of Candidates.--Each
candidate for any State, county, city, borough, incorporated
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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]
statement, subject to the penalties of 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities), 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] statement. In cases of
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petitions for delegate and alternate delegate to National
conventions, the candidate's [affidavit] statement 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] statement 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 911. Statement of Candidates for Delegates to
National Conventions.--Each candidate for election as delegate
or alternate delegate to a National party convention may
include, with [his affidavit] the statement required under
section 910, the statement hereinafter set forth in this
section; but his failure to include such statement shall not be
a valid ground, on the part of the Secretary of the
Commonwealth, for refusal to receive and file his nomination
petition. Such statement, if signed, shall be signed on all the
sheets of said petition, together with the date of signing and
shall be in substantially the following form:
Delegate's Statement
I hereby declare to the voters of my political party in the
(here insert "State of Pennsylvania," if a delegate or alternate
delegate at large; otherwise, insert "..........District") that,
if elected and in attendance as a delegate to the National
convention of the party, I shall, with all fidelity, to the best
of my judgment and ability, in all matters coming before the
convention, support (here insert name of presidential candidate)
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for President of the United States and shall use all honorable
means within my power to aid in securing the nomination for such
candidate for President.
................................................................
(Signature of candidate for delegate or alternate delegate, and
date of signing.)
On the ballots or ballot labels used at a primary, after or
under the name of each candidate for delegate or alternate
delegate to a National party convention, shall appear the words
"committed to (here insert name of presidential candidate)" or
"uncommitted" according to whether the candidate included, or
failed to include, the above statement with [his affidavit] the
statement required under section 910.
Section 916. Secretary of the Commonwealth to Furnish County
Boards with List of Candidates; Candidates to Be Notified.--The
Secretary of the Commonwealth, as soon as possible after the
last day fixed for the filing of nomination petitions with him,
and after the last day for the withdrawal of candidates filing
such nomination petitions, and after the candidates shall have
cast lots for the position of their names upon the primary
ballots or ballot labels, shall forward to the county board of
each county a correct list of candidates of each party for the
various offices, in the order in which they are to appear upon
the official ballots or ballot labels, with their respective
residences, giving city, borough, town or township, and post-
office addresses as shown in their [affidavits] statements; and
shall also at the same time notify the said candidates by mail
that their names have been so certified to said county boards.
In the case of each candidate for delegate or alternate delegate
to a National party convention, the Secretary of the
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Commonwealth shall certify as to whether such candidate has
included with his [affidavit] statement the statement provided
for in section 911 of this act and in cases where such candidate
has committed himself to a particular presidential preference,
the name of the presidential candidate to whom he is committed.
Section 951. Nominations by Political Bodies.--* * *
(e) There shall be appended to each nomination paper offered
for filing [an affidavit] a statement, subject to the penalties
of 18 Pa.C.S. § 4904, 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] statement.
Section 976. Examination of Nomination Petitions,
Certificates and Papers; Return of Rejected Nomination
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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
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] statements; 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
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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 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. 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.
Upon completion of any examination, if any nomination
petition, certificate or paper is found to be defective, it
shall forthwith be rejected and returned to the candidate or one
of the candidates named therein, together with a statement of
the reasons for such rejection:
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Provided further, That no nomination petition, nomination
paper or nomination certificate shall be permitted to be filed,
if the political party or political body referred to therein
shall be composed of a group of electors whose purposes or aims,
or one of whose purposes or aims, is the establishment, control,
conduct, seizure or overthrow of the Government of the
Commonwealth of Pennsylvania or the United States of America by
the use of force, violence, military measure or threats of one
or more of the foregoing. The authority to reject such
nomination petition, paper or certificate for this reason shall,
when filed with the Secretary of the Commonwealth, be vested in
a committee composed of the Governor, the Attorney General and
the Secretary of the Commonwealth, and when filed with any
county board of elections shall be vested in such board. If in
such case the committee or board, as the case may be, shall
conclude that the acceptance of such nomination petition, paper
or certificate should be refused, it shall within two days of
the filing of such nomination petition, paper or certificate fix
a place and a time five days in advance for hearing the matter,
and notice thereof shall be given to all parties affected
thereby. At the time and place so fixed the committee or board,
as the case may be, shall hear testimony, but shall not be bound
by technical rules of evidence. The testimony presented shall be
stenographically recorded and made a part of the record of the
committee or board. Within two days after such hearing the
committee or board, if satisfied upon competent evidence that
the said nomination petition, paper or certificate is not
entitled to be accepted and filed, it shall announce its
decision and immediately notify the parties affected thereby.
Failure to announce decision within two days after such hearing
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shall be conclusive that such nomination petition, paper or
certificate has been accepted and filed. The decision of said
committee or board in refusing to accept and file such
nomination petition, paper or certificate may be reviewed by the
court upon an application to compel its reception as of the date
when presented to the Secretary of the Commonwealth or such
board. The application shall be made within two days of the time
when such decision is announced. If the application is properly
made, any judge of said court may fix a time and place for
hearing the matter in dispute, of which notice shall be served
with a copy of said application upon the Secretary of the
Commonwealth or the county board of elections, as the case may
be. At the time so fixed, the court, or any judge thereof
assigned for the purpose, shall hear the case de novo. If after
such hearing the said court shall find that the decision of the
committee or the board was erroneous, it shall issue its mandate
to the committee or board to correct its decision and to accept
and file the nomination paper, petition or certificate. From any
decision of the court an appeal may be taken within two days
after the entry thereof. It shall be the duty of the said court
to fix the hearing and to announce its decision within such
period of time as will permit the Secretary of the Commonwealth
or the county board of elections to permit the names of the
candidates affected by the court's decision to be printed on the
ballot, if the court should so determine.
Section 981.1. [Affidavits] Statement 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
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and 980 of this act, shall file with the substituted nomination
certificate [an affidavit] a statement, subject to the penalties
of 18 Pa.C.S. § 4904 (relating to unsworn falsification to
authorities), 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; (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] statement.
Section 1802.1. False [Affidavits] Statements of
Candidates.--Any candidate for State, county, city, borough,
incorporated town, township or school district office or for the
office of United States Senator or Representative in Congress or
any other elective public office who knowingly makes a false
statement regarding his eligibility or qualifications for such
office in his candidate's [affidavit] statement shall, in
litigation which results in the removal of the candidate from
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the ballot, be liable for court costs, including filing fees,
attorney fees, investigation fees and similar costs, in an
amount up to ten thousand ($10,000) dollars.
Section 1813. False Signatures and Statements in Nomination
Petitions and Papers.--If any person shall knowingly make a
false statement in any affidavit or statement required by the
provisions of this act, to be appended to or to accompany a
nomination petition or a nomination paper, or if any person
shall fraudulently sign any name not his own to any nomination
petition or nomination paper, or if any person shall
fraudulently alter any nomination petition or nomination paper
without the consent of the signers, he shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding five hundred ($500) dollars, or to
undergo imprisonment of not more than one (1) year, or both, in
the discretion of the court.
Section 2. This act shall take effect in 60 days.
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