THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY METCALFE, BAKER, BENNINGHOFF, CREIGHTON, GABLER, GEIST, HESS, HUTCHINSON, KAUFFMAN, M. KELLER, MILLER, MOUL, MURT, PHILLIPS, RAPP, READSHAW, ROAE, ROCK, ROHRER, SCHRODER, STEVENSON, SWANGER AND TALLMAN, MARCH 16, 2010

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 16, 2010  

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 nomination of candidates, further providing

for affidavits of candidates.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 910 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, amended May

12, 2006 (P.L.178, No.45), is amended to read:

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

President of the United States, 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 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 the Traffic Court of

Philadelphia, 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. 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 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.] Each

candidate who submits an affidavit under this section, except

for a candidate for President of the United States, shall append

to the affidavit documentation that provides proof that the

candidate is a citizen of the United States, proof of the

candidate's age and proof that the candidate meets the

applicable residency requirements for the office sought. Each

candidate for President of the United States shall append to the

affidavit documentation that provides proof that the candidate

is a natural born citizen, proof of the candidate's age and

proof that the candidate meets the residency requirements for

President of the United States, as set forth in section 1 of

Article II of the Constitution of the United States.

Section 2.  This act shall take effect in 60 days.