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 special elections for United States Senator and nominations and for nominations for special election for Representative in Congress, Senator and Representative in the General Assembly and member of council or legislative body of cities, boroughs, towns and townships; and, in nominations of candidates, further providing for number of signers required for nomination petitions of candidates at primaries, for nominations by minor political parties, for place and time of filing nomination petitions and filing fees and for nominations by political bodies, repealing provisions relating to filing fee and further providing for examination of nomination petitions, certificates and papers and return of rejected nomination petitions, certificates and papers and for vacancy in party nomination by failure to pay filing fee or for failure to file loyalty oath.

PRINTER'S NO. 2960
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2262
Session of
2026
INTRODUCED BY WAXMAN, DONAHUE, PIELLI AND RIVERA, MARCH 3, 2026
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 5, 2026
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 special elections for United
States Senator and nominations and for nominations for
special election for Representative in Congress, Senator and
Representative in the General Assembly and member of council
or legislative body of cities, boroughs, towns and townships;
and, in nominations of candidates, further providing for
number of signers required for nomination petitions of
candidates at primaries, for nominations by minor political
parties, for place and time of filing nomination petitions
and filing fees and for nominations by political bodies,
repealing provisions relating to filing fee and further
providing for examination of nomination petitions,
certificates and papers and return of rejected nomination
petitions, certificates and papers and for vacancy in party
nomination by failure to pay filing fee or for failure to
file loyalty oath.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 626, 629, 912.1, 912.2(a), 913 heading,
(b.1), (b.2) and (c) and 951(b) of the act of June 3, 1937
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(P.L.1333, No.320), known as the Pennsylvania Election Code, are
amended to read:
Section 626. Special Elections for United States Senator;
Nominations.--Whenever a vacancy shall occur in the office of
United States Senator, said vacancy shall be filled for the
unexpired term by the vote of the electors of the State at a
special election to be held at the time of the next general or
municipal election, occurring at least ninety (90) days after
the happening of such vacancy, and it shall be the duty of the
Governor to issue writs of election to the various county boards
of elections and to the Secretary of the Commonwealth within ten
(10) days after the happening of said vacancy. Candidates to
fill vacancies in the office of United States Senator shall be
nominated by political parties, in accordance with the party
rules relating to the filling of vacancies, by means of
nomination certificates, in the form prescribed in section 630
of this act; and by political bodies, by means of nomination
papers, in accordance with the provisions of sections [951, 952
and 954] 951 and 952 of this act. Said nomination certificates
and nomination papers shall be filed in the office of the
Secretary of the Commonwealth at least sixty (60) days prior to
the date of said special election. Until such time as said
vacancy shall be filled by an election as herein provided, the
Governor of the Commonwealth may make a temporary appointment to
fill said vacancy.
Section 629. Nominations for Special Election for
Representative in Congress, Senator and Representative in the
General Assembly and Member of Council or Legislative Body of
Cities, Boroughs, Towns and Townships.--Candidates to fill
vacancies in the offices of Representative in Congress, Senator
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and Representative in the General Assembly and member of the
council or legislative body of any city, borough, town or
township shall be nominated by political parties, in accordance
with the party rules relating to the filling of vacancies, by
means of nomination certificates, in the form prescribed in
section 630 of this act; and by political bodies, by means of
nomination papers, in accordance with the provisions of sections
[951, 952 and 954] 951 and 952 of this act. Said nomination
certificates and nomination papers for the office of
Representative in Congress, Senator and Representative in the
General Assembly shall be filed in the office of the Secretary
of the Commonwealth not later than fifty (50) days prior to the
date of the special election, and for the office of member of
the council or legislative body of a city, borough, town or
township, in the office of the county board of elections wherein
such city, borough, town or township is situate, not later than
fifteen (15) days after the issuance of the writ of election.
Section 912.1. Number of Signers Required for Nomination
Petitions of Candidates at Primaries.--Candidates for nomination
of offices as listed below shall present a nominating petition
containing at least as many valid signatures of registered and
enrolled members of the proper party as listed below:
(1) President of the United States: [Two] One thousand.
(2) United States Senate: [Two] One thousand.
(3) Governor: [Two] One thousand including at least [one
hundred] fifty from each of at least ten counties.
(4) Lieutenant Governor: [One thousand] Five hundred
including at least [one hundred] fifty from each of at least
five counties.
(5) Treasurer: [One thousand] Five hundred including at
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least [one hundred] fifty from each of at least five counties.
(6) Auditor General: [One thousand] Five hundred including
at least [one hundred] fifty from each of at least five
counties.
(7) Attorney General: [One thousand] Five hundred including
at least [one hundred] fifty from each of at least five
counties.
(8) Justice of the Supreme Court: [One thousand] Five
hundred including at least [one hundred] fifty from each of at
least five counties.
(9) Judge of the Superior Court: [One thousand] Five hundred
including at least [one hundred] fifty from each of at least
five counties.
(10) Judge of the Commonwealth Court: [One thousand] Five
hundred including at least [one hundred] fifty from each of at
least five counties.
(11) For any other office to be filled by the vote of the
electors of the State at large or for any other party office to
be elected by the electors of the State at large: [One thousand]
Five hundred including at least [one hundred] fifty from each of
at least five counties.
(12) Representative in Congress: [One thousand] Five
hundred.
(13) Senator in the General Assembly: [Five hundred] Two
hundred fifty.
(14) Representative in the General Assembly: [Three hundred]
One hundred fifty.
(15) Public or party offices to be filled by a vote of the
electors in counties of the first class at large: [One thousand]
Five hundred.
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(16) Public or party offices to be filled by a vote of the
electors in counties of the second class at large: [Five
hundred] Two hundred fifty.
(17) Public or party offices to be filled by a vote of the
electors in cities of the first class at large: [One thousand]
Five hundred.
(18) Public or party offices to be filled by a vote of the
electors in counties of the second class A at large: [Two
hundred fifty] One hundred twenty-five.
(19) Public or party offices to be filled by a vote of the
electors in counties of the third class at large: [Two hundred
fifty] One hundred twenty-five.
(20) Public or party offices to be filled by a vote of the
electors in counties of the fourth class at large: [Two hundred
fifty] One hundred twenty-five.
(21) Public or party offices to be filled by a vote of the
electors in cities of the second class at large: [Two hundred
fifty] One hundred twenty-five.
(22) Public or party offices to be filled by a vote of the
electors in cities of the second class A at large: [One hundred]
Fifty.
(23) Public or party offices to be filled by a vote of the
electors in cities of the third class at large: [One hundred]
Fifty.
(24) Public or party offices to be filled by a vote of the
electors in counties of the fifth class at large: [One hundred]
Fifty.
(25) Public or party offices to be filled by a vote of the
electors in counties of the sixth class at large: [One hundred]
Fifty.
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(26) Public or party offices to be filled by a vote of the
electors in counties of the seventh class at large: [One
hundred] Fifty.
(27) Public or party offices to be filled by a vote of the
electors in counties of the eighth class at large: [One hundred]
Fifty.
(28) Office of judge of any court of record other than a
Statewide court or a court in a county of the first or second
class: [Two hundred fifty] One hundred twenty-five.
(29) District delegate or alternate district delegate to a
National party convention: [Two hundred fifty] One hundred
twenty-five.
(30) Member of State committee: [One hundred] Fifty.
(31) Office of district council member in a city of the
first class: [Seven hundred fifty] Three hundred seventy-five.
(31.1) Office of district council member in a city of the
second class: [One hundred] Fifty.
(32) Office of magisterial district judge: [One hundred]
Fifty, but only for a candidate's primary election when the
candidate does not already hold the office of magisterial
district judge. A sitting magisterial district judge elected to
the office shall not be required to file a nominating petition
under this section to run for the office of magisterial district
judge but may instead file a certificate of nomination for
reelection specifying the intent to seek reelection to the
office. If a sitting magisterial district judge files a
certificate of nomination for reelection, the sitting
magisterial district judge may not challenge the nominating
petition of another candidate for magisterial district judge.
(33) Office of judge of election: [Ten] Five.
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(34) Inspector of elections: [Five] Three.
(35) School director: [Ten] Five.
(36) All other public and party offices: [Ten] Five.
Section 912.2. Nominations by Minor Political Parties.--(a)
Notwithstanding any other provision in this act to the contrary,
minor political parties shall nominate all of their candidates
for the offices to be filled at the ensuing November election
pursuant to section 903 in accordance with the requirements of
section 951, other than subsection (e)(6) and (7) thereof, [and
section 954,] and shall obtain the required signatures during
the same time frame available to political bodies. Minor
political parties shall be subject to the provisions of this act
applicable to political parties with respect to special
elections, voter registration forms, substituted nominations and
all other purposes except as otherwise expressly provided in
this section. "Minor political party" shall mean a political
party as defined in section 801(a) or (b) whose State-wide
registration is less than fifteen per centum of the combined
State-wide registration for all State-wide political parties as
of the close of the registration period immediately preceding
the most recent November election. The Secretary of the
Commonwealth shall prescribe forms or, if there is insufficient
time, make appropriate conforming changes in existing forms to
carry out the purposes of this section.
* * *
Section 913. Place and Time of Filing Nomination Petitions[;
Filing Fees].--* * *
[(b.1) Each person filing any nomination petition shall pay
for each petition, at the time of filing, a filing fee to be
determined as follows, and no nomination petition shall be
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accepted or filed, unless and until such filing fee is paid by a
certified check or money order or also by cash when filed with
the county board. All moneys paid on account of filing fees
shall be transmitted by the county board to the county treasurer
and shall become part of the General Fund. Certified checks or
money orders in payment of filing fees shall be made payable to
the Commonwealth of Pennsylvania or to the county, as the case
may be, and shall be transmitted to the State Treasurer or to
the county treasurer and shall become part of the General Fund.
1. If for the office of President of the United States, or
for any public office to be filled by the electors of the State
at large, the sum of two hundred dollars ($200.00).
2. If for the office of Representative in Congress, the sum
of one hundred fifty dollars ($150.00).
3. If for the office of judge of a court of record,
excepting judges to be voted for by the electors of the State at
large, the sum of one hundred dollars ($100.00).
4. If for the offices of Senator or Representative in the
General Assembly, for any office to be filled by the electors of
an entire county, for the office of district councilman in a
city of the first class and for any office other than school
district office to be filled by the electors of an entire city,
the sum of one hundred dollars ($100.00), except as provided in
paragraph 4.1.
4.1. If for nonschool board offices for any third class city
official, the sum of twenty-five dollars ($25.00).
6. If for the office of delegate or alternate delegate to
National party convention, or member of National committee or
member of State committee, the sum of twenty-five dollars
($25.00).
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7. If for the office of constable, the sum of ten dollars
($10.00).
8. If for the office of district councilman in a city of the
second class or the office of district justice, the sum of fifty
dollars ($50.00).
(b.2) A filing fee shall not be paid for a nomination
petition for any public office for which no compensation is
provided by law, nor for any nomination petition for any public
officer in any borough, town or township nor any party officer
except as provided above nor for any nomination petition for
judge of election or inspector of elections.
(c) The filing fees herein provided for shall not be
refunded in the event of the withdrawal of any candidate named
in any petition, or for any other cause whatsoever.]
* * *
Section 951. Nominations by Political Bodies.--* * *
[(b) Where the nomination is for any office to be filled by
the electors of the State at large, the number of qualified
electors of the State signing such nomination paper shall be at
least equal to two per centum of the largest entire vote cast
for any elected candidate in the State at large at the last
preceding election at which State-wide candidates were voted
for. In the case of all other nominations, the number of
qualified electors of the electoral district signing such
nomination papers shall be at least equal to two per centum of
the largest entire vote cast for any officer, except a judge of
a court of record, elected at the last preceding election in
said electoral district for which said nomination papers are to
be filed, and shall be not less than the number of signers
required for nomination petitions for party candidates for the
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same office. In cases where a new electoral district shall have
been created, the number of qualified electors signing such
nomination papers, for candidates to be elected at the first
election held after the creation of such district, shall be at
least equal to two per centum of the largest vote cast in the
several election districts, which are included in the district
newly created, for any officer elected in the last preceding
election.]
* * *
Section 2. Section 954 of the act is repealed:
[Section 954. Filing Fee.--The same filing fee shall be paid
for each candidate nominated by a nomination paper as required
in section 913 for the filing of nomination petitions by
candidates for nomination to the same office. Each nomination
paper nominating a candidate or a group of candidates for office
shall be accompanied by a certified check or money order drawn
in the proper amount to cover the filing fees for each candidate
nominated therein but in no case less than the sum of five
dollars ($5.00), and payable to the Commonwealth of Pennsylvania
or to the county, as the case may be. All fees so received by
the Secretary of the Commonwealth or the county election board
shall be transmitted to the State Treasurer or to the county
treasurer, as the case may be, and shall become part of the
General Fund.]
Section 3. Sections 976 and 978.1 of the act are amended to
read:
Section 976. Examination of Nomination Petitions,
Certificates and Papers; Return of Rejected Nomination
Petitions, Certificates and Papers.--When any nomination
petition, nomination certificate or nomination paper is
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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; 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 office by nomination
papers previously filed; [or (f) if the nomination petitions or
papers are not accompanied by the filing fee or certified check
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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:
Provided further, That no nomination petition, nomination
paper or nomination certificate shall be permitted to be filed,
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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
shall be conclusive that such nomination petition, paper or
certificate has been accepted and filed. The decision of said
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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 978.1. Vacancy in Party Nomination [by Failure to
Pay Filing Fee or] for Failure to File Loyalty Oath.--Every
person nominated at any primary election as the candidate of any
political party for any office, other than a borough, town,
township, school district or poor district office, or the office
of justice of the peace, or constable, [who has not paid the
filing fee required by section nine hundred thirteen of this
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act, as amended, for the filing of a nomination petition for
such office, or] who has not filed the loyalty oath required by
section 14, act of December 22, 1951 (P.L.1726), known as the
"Pennsylvania Loyalty Act," as last amended June 19, 1961
(P.L.446), shall [pay the amount of such fee to and] file such
oath with the Secretary of the Commonwealth, or the county board
of elections, as the case may be, at least eighty-five (85) days
previous to the day of the general or municipal election at
which such candidate's name would appear on the ballot. Failure
to [pay such fee or] file such oath within the time herein
prescribed shall result in a vacancy in such party nomination.
Such vacancy shall be filled in the manner hereinafter provided
for the filling of such vacancies happening by reason of the
death or withdrawal of any candidate.
Section 4. The amendment or repeal of sections 626, 629,
912.1, 912.2(a), 913 heading, (b.1), (b.2) and (c), 951(b), 954,
976 and 978.1 of the act shall apply to the first primary
election held after January 1, 2026, and each election held
thereafter.
Section 5. This act shall take effect immediately.
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