HB 1278 — 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
 1   Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
 2      "An act concerning elections, including general, municipal,
 3      special and primary elections, the nomination of candidates,
 4      primary and election expenses and election contests; creating
 5      and defining membership of county boards of elections;
 6      imposing duties upon the Secretary of the Commonwealth,
 7      courts, county boards of elections, county commissioners;
 8      imposing penalties for violation of the act, and codifying,
 9      revising and consolidating the laws relating thereto; and
10      repealing certain acts and parts of acts relating to
11      elections," in dates of elections and primaries and special
12      elections, further providing for affidavits of candidates; in
13      nomination of candidates, further providing for affidavits of
14      candidates, for statement of candidates for delegates to
15      national conventions, for Secretary of the Commonwealth to
16      furnish county boards with list of candidates and candidates
17      to be notified, for nominations by political bodies, for
18      examination of nomination petitions, certificates and papers
19      and return of rejected nomination petitions, certificates and
20      papers and for affidavits of candidates; and, in penalties,
21      further providing for false affidavits of candidates and for
22      false signatures and statements in nomination petitions and
23      papers.
24      The General Assembly of the Commonwealth of Pennsylvania
25   hereby enacts as follows:
26      Section 1.    Sections 630.1, 910, 911, 916, 951(e), 976,
27   981.1, 1802.1 and 1813 of the act of June 3, 1937 (P.L.1333,
28   No.320), known as the Pennsylvania Election Code, are amended to
 1   read:
 2      Section 630.1.   [Affidavits] Statement of Candidates.--Each
 3   candidate for any State, county, city, borough, incorporated
 4   town, township, school district or poor district office, or for
 5   the office of United States Senator or Representative in
 6   Congress, selected as provided in section 630 of this act, shall
 7   file with the nomination certificate [an affidavit] a statement,
 8   subject to the penalties of 18 Pa.C.S. § 4904 (relating to
 9   unsworn falsification to authorities), stating--(a) his
10   residence, with street and number, if any, and his post-office
11   address; (b) his election district, giving city, borough, town
12   or township; (c) the name of the office for which he consents to
13   be a candidate; (d) that he is eligible for such office; (e)
14   that he will not knowingly violate any provision of this act, or
15   of any law regulating and limiting election expenses and
16   prohibiting corrupt practices in connection therewith; (f)
17   unless he is a candidate for judge of a court of common pleas,
18   the Philadelphia Municipal Court or for the office of school
19   board in a district where that office is elective or for the
20   office of justice of the peace, that he is not a candidate for
21   the same office of any party or political body other than the
22   one designated in such certificate; (g) that he is aware of the
23   provisions of section 1626 of this act requiring election and
24   post-election reporting of campaign contributions and
25   expenditures; and (h) that he is not a candidate for an office
26   which he already holds, the term of which is not set to expire
27   in the same year as the office subject to the [affidavit]
28   statement.
29      Section 910.   [Affidavits] Statement of Candidates.--Each
30   candidate for any State, county, city, borough, incorporated

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 1   town, township, ward, school district, poor district, election
 2   district, party office, party delegate or alternate, or for the
 3   office of United States Senator or Representative in Congress,
 4   shall file with his nomination petition his [affidavit]
 5   statement, subject to the penalties of 18 Pa.C.S. § 4904
 6   (relating to unsworn falsification to authorities), stating--(a)
 7   his residence, with street and number, if any, and his post-
 8   office address; (b) his election district, giving city, borough,
 9   town or township; (c) the name of the office for which he
10   consents to be a candidate; (d) that he is eligible for such
11   office; (e) that he will not knowingly violate any provision of
12   this act, or of any law regulating and limiting nomination and
13   election expenses and prohibiting corrupt practices in
14   connection therewith; (f) unless he is a candidate for judge of
15   a court of common pleas, the Philadelphia Municipal Court or for
16   the office of school director in a district where that office is
17   elective or for the office of justice of the peace that he is
18   not a candidate for nomination for the same office of any party
19   other than the one designated in such petition; (g) if he is a
20   candidate for a delegate, or alternate delegate, member of State
21   committee, National committee or party officer, that he is a
22   registered and enrolled member of the designated party; (h) if
23   he is a candidate for delegate or alternate delegate the
24   presidential candidate to whom he is committed or the term
25   "uncommitted"; (i) that he is aware of the provisions of section
26   1626 of this act requiring pre-election and post-election
27   reporting of campaign contributions and expenditures; and (j)
28   that he is not a candidate for an office which he already holds,
29   the term of which is not set to expire in the same year as the
30   office subject to the [affidavit] statement. In cases of

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 1   petitions for delegate and alternate delegate to National
 2   conventions, the candidate's [affidavit] statement shall state
 3   that his signature to the delegate's statement, as hereinafter
 4   set forth, if such statement is signed by said candidate, was
 5   affixed to the sheet or sheets of said petition prior to the
 6   circulation of same. In the case of a candidate for nomination
 7   as President of the United States, it shall not be necessary for
 8   such candidate to file the [affidavit] statement required in
 9   this section to be filed by candidates, but the post-office
10   address of such candidate shall be stated in such nomination
11   petition.
12      Section 911.   Statement of Candidates for Delegates to
13   National Conventions.--Each candidate for election as delegate
14   or alternate delegate to a National party convention may
15   include, with [his affidavit] the statement required under
16   section 910, the statement hereinafter set forth in this
17   section; but his failure to include such statement shall not be
18   a valid ground, on the part of the Secretary of the
19   Commonwealth, for refusal to receive and file his nomination
20   petition. Such statement, if signed, shall be signed on all the
21   sheets of said petition, together with the date of signing and
22   shall be in substantially the following form:
23                          Delegate's Statement
24      I hereby declare to the voters of my political party in the
25   (here insert "State of Pennsylvania," if a delegate or alternate
26   delegate at large; otherwise, insert "..........District") that,
27   if elected and in attendance as a delegate to the National
28   convention of the party, I shall, with all fidelity, to the best
29   of my judgment and ability, in all matters coming before the
30   convention, support (here insert name of presidential candidate)

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 1   for President of the United States and shall use all honorable
 2   means within my power to aid in securing the nomination for such
 3   candidate for President.
 4   ................................................................
 5   (Signature of candidate for delegate or alternate delegate, and
 6   date of signing.)
 7      On the ballots or ballot labels used at a primary, after or
 8   under the name of each candidate for delegate or alternate
 9   delegate to a National party convention, shall appear the words
10   "committed to (here insert name of presidential candidate)" or
11   "uncommitted" according to whether the candidate included, or
12   failed to include, the above statement with [his affidavit] the
13   statement required under section 910.
14      Section 916.     Secretary of the Commonwealth to Furnish County
15   Boards with List of Candidates; Candidates to Be Notified.--The
16   Secretary of the Commonwealth, as soon as possible after the
17   last day fixed for the filing of nomination petitions with him,
18   and after the last day for the withdrawal of candidates filing
19   such nomination petitions, and after the candidates shall have
20   cast lots for the position of their names upon the primary
21   ballots or ballot labels, shall forward to the county board of
22   each county a correct list of candidates of each party for the
23   various offices, in the order in which they are to appear upon
24   the official ballots or ballot labels, with their respective
25   residences, giving city, borough, town or township, and post-
26   office addresses as shown in their [affidavits] statements; and
27   shall also at the same time notify the said candidates by mail
28   that their names have been so certified to said county boards.
29   In the case of each candidate for delegate or alternate delegate
30   to a National party convention, the Secretary of the

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 1   Commonwealth shall certify as to whether such candidate has
 2   included with his [affidavit] statement the statement provided
 3   for in section 911 of this act and in cases where such candidate
 4   has committed himself to a particular presidential preference,
 5   the name of the presidential candidate to whom he is committed.
 6      Section 951.   Nominations by Political Bodies.--* * *
 7      (e)   There shall be appended to each nomination paper offered
 8   for filing [an affidavit] a statement, subject to the penalties
 9   of 18 Pa.C.S. § 4904, of each candidate nominated therein,
10   stating--(1) the election district in which he resides; (2) the
11   name of the office for which he consents to be a candidate; (3)
12   that he is eligible for such office; (4) that he will not
13   knowingly violate any provision of this act, or of any law
14   regulating and limiting election expenses, and prohibiting
15   corrupt practices in connection therewith; (5) that his name has
16   not been presented as a candidate by nomination petitions for
17   any public office to be voted for at the ensuing primary
18   election, nor has he been nominated by any other nomination
19   papers filed for any such office; (6) that in the case where he
20   is a candidate for election at a general or municipal election,
21   he was not a registered and enrolled member of a party thirty
22   (30) days before the primary held prior to the general or
23   municipal election in that same year; (7) that, in the case
24   where he is a candidate for election at a special election, he
25   is not a registered and enrolled member of a party; and (8) that
26   he is not a candidate for an office which he already holds, the
27   term of which is not set to expire in the same year as the
28   office subject to the [affidavit] statement.
29      Section 976.   Examination of Nomination Petitions,
30   Certificates and Papers; Return of Rejected Nomination

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 1   Petitions, Certificates and Papers.--When any nomination
 2   petition, nomination certificate or nomination paper is
 3   presented in the office of the Secretary of the Commonwealth or
 4   of any county board of elections for filing within the period
 5   limited by this act, it shall be the duty of the said officer or
 6   board to examine the same. No nomination petition, nomination
 7   paper or nomination certificate shall be permitted to be filed
 8   if--(a) it contains material errors or defects apparent on the
 9   face thereof, or on the face of the appended or accompanying
10   [affidavits] statements; or (b) it contains material alterations
11   made after signing without the consent of the signers; or (c) it
12   does not contain a sufficient number of signatures as required
13   by law; Provided, however, That the Secretary of the
14   Commonwealth or the county board of elections, although not
15   hereby required so to do, may question the genuineness of any
16   signature or signatures appearing thereon, and if he or it shall
17   thereupon find that any such signature or signatures are not
18   genuine, such signature or signatures shall be disregarded in
19   determining whether the nomination petition, nomination paper or
20   nomination certificate contains a sufficient number of
21   signatures as required by law; or (d) in the case of nomination
22   petitions, if nomination petitions have been filed for printing
23   the name of the same person for the same office, except the
24   office of judge of a court of common pleas, the Philadelphia
25   Municipal Court or the office of school director in districts
26   where that office is elective or the office of justice of the
27   peace upon the official ballot of more than one political party;
28   or (e) in the case of nomination papers, if the candidate named
29   therein has filed a nomination petition for any public office
30   for the ensuing primary, or has been nominated for any such

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 1   office by nomination papers previously filed; or (f) if the
 2   nomination petitions or papers are not accompanied by the filing
 3   fee or certified check required for said office; or (g) in the
 4   case of nomination papers, the appellation set forth therein is
 5   identical with or deceptively similar to the words used by any
 6   existing party or by any political body which has already filed
 7   nomination papers for the same office, or if the appellation set
 8   forth therein contains part of the name, or an abbreviation of
 9   the name or part of the name of an existing political party, or
10   of a political body which has already filed nomination papers
11   for the same office. The invalidity of any sheet of a nomination
12   petition or nomination paper shall not affect the validity of
13   such petition or paper if a sufficient petition or paper remains
14   after eliminating such invalid sheet. The action of said officer
15   or board in refusing to receive and file any such nomination
16   petition, certificate or paper, may be reviewed by the court
17   upon an application to compel its reception as of the date when
18   it was presented to the office of such officer or board:
19   Provided, however, That said officer or board shall be entitled
20   to a reasonable time in which to examine any petitions,
21   certificates or papers, and to summon and interrogate the
22   candidates named therein, or the persons presenting said
23   petitions, certificates or papers, and his or their retention of
24   same for the purpose of making such examination or interrogation
25   shall not be construed as an acceptance or filing.
26      Upon completion of any examination, if any nomination
27   petition, certificate or paper is found to be defective, it
28   shall forthwith be rejected and returned to the candidate or one
29   of the candidates named therein, together with a statement of
30   the reasons for such rejection:

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 1      Provided further, That no nomination petition, nomination
 2   paper or nomination certificate shall be permitted to be filed,
 3   if the political party or political body referred to therein
 4   shall be composed of a group of electors whose purposes or aims,
 5   or one of whose purposes or aims, is the establishment, control,
 6   conduct, seizure or overthrow of the Government of the
 7   Commonwealth of Pennsylvania or the United States of America by
 8   the use of force, violence, military measure or threats of one
 9   or more of the foregoing. The authority to reject such
10   nomination petition, paper or certificate for this reason shall,
11   when filed with the Secretary of the Commonwealth, be vested in
12   a committee composed of the Governor, the Attorney General and
13   the Secretary of the Commonwealth, and when filed with any
14   county board of elections shall be vested in such board. If in
15   such case the committee or board, as the case may be, shall
16   conclude that the acceptance of such nomination petition, paper
17   or certificate should be refused, it shall within two days of
18   the filing of such nomination petition, paper or certificate fix
19   a place and a time five days in advance for hearing the matter,
20   and notice thereof shall be given to all parties affected
21   thereby. At the time and place so fixed the committee or board,
22   as the case may be, shall hear testimony, but shall not be bound
23   by technical rules of evidence. The testimony presented shall be
24   stenographically recorded and made a part of the record of the
25   committee or board. Within two days after such hearing the
26   committee or board, if satisfied upon competent evidence that
27   the said nomination petition, paper or certificate is not
28   entitled to be accepted and filed, it shall announce its
29   decision and immediately notify the parties affected thereby.
30   Failure to announce decision within two days after such hearing

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 1   shall be conclusive that such nomination petition, paper or
 2   certificate has been accepted and filed. The decision of said
 3   committee or board in refusing to accept and file such
 4   nomination petition, paper or certificate may be reviewed by the
 5   court upon an application to compel its reception as of the date
 6   when presented to the Secretary of the Commonwealth or such
 7   board. The application shall be made within two days of the time
 8   when such decision is announced. If the application is properly
 9   made, any judge of said court may fix a time and place for
10   hearing the matter in dispute, of which notice shall be served
11   with a copy of said application upon the Secretary of the
12   Commonwealth or the county board of elections, as the case may
13   be. At the time so fixed, the court, or any judge thereof
14   assigned for the purpose, shall hear the case de novo. If after
15   such hearing the said court shall find that the decision of the
16   committee or the board was erroneous, it shall issue its mandate
17   to the committee or board to correct its decision and to accept
18   and file the nomination paper, petition or certificate. From any
19   decision of the court an appeal may be taken within two days
20   after the entry thereof. It shall be the duty of the said court
21   to fix the hearing and to announce its decision within such
22   period of time as will permit the Secretary of the Commonwealth
23   or the county board of elections to permit the names of the
24   candidates affected by the court's decision to be printed on the
25   ballot, if the court should so determine.
26      Section 981.1.   [Affidavits] Statement of Candidates.--Each
27   candidate for any State, county, city, borough, incorporated
28   town, township, ward, school district, poor district or election
29   district office, or for the office of United States Senator or
30   Representative in Congress, selected as provided in sections 979

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 1   and 980 of this act, shall file with the substituted nomination
 2   certificate [an affidavit] a statement, subject to the penalties
 3   of 18 Pa.C.S. § 4904 (relating to unsworn falsification to
 4   authorities), stating--(a) his residence, with street and
 5   number, if any, and his post-office address; (b) his election
 6   district, giving city, borough, town or township; (c) the name
 7   of the office for which he consents to be a candidate; (d) that
 8   he is eligible for such office; (e) that he will not knowingly
 9   violate any provision of this act, or of any law regulating and
10   limiting election expenses and prohibiting corrupt practices in
11   connection therewith; (f) unless he is a candidate for judge of
12   a court of common pleas, the Philadelphia Municipal Court or for
13   the office of school board in a district where that office is
14   elective or for the office of justice of the peace, that he is
15   not a candidate for the same office of any party or political
16   body other than the one designated in such certificate; (g) that
17   he is aware of the provisions of section 1626 of this act
18   requiring election and post-election reporting of campaign
19   contributions and expenditures; and (h) that he is not a
20   candidate for an office which he already holds, the term of
21   which is not set to expire in the same year as the office
22   subject to the [affidavit] statement.
23      Section 1802.1.   False [Affidavits] Statements of
24   Candidates.--Any candidate for State, county, city, borough,
25   incorporated town, township or school district office or for the
26   office of United States Senator or Representative in Congress or
27   any other elective public office who knowingly makes a false
28   statement regarding his eligibility or qualifications for such
29   office in his candidate's [affidavit] statement shall, in
30   litigation which results in the removal of the candidate from

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 1   the ballot, be liable for court costs, including filing fees,
 2   attorney fees, investigation fees and similar costs, in an
 3   amount up to ten thousand ($10,000) dollars.
 4      Section 1813.   False Signatures and Statements in Nomination
 5   Petitions and Papers.--If any person shall knowingly make a
 6   false statement in any affidavit or statement required by the
 7   provisions of this act, to be appended to or to accompany a
 8   nomination petition or a nomination paper, or if any person
 9   shall fraudulently sign any name not his own to any nomination
10   petition or nomination paper, or if any person shall
11   fraudulently alter any nomination petition or nomination paper
12   without the consent of the signers, he shall be guilty of a
13   misdemeanor, and, upon conviction thereof, shall be sentenced to
14   pay a fine not exceeding five hundred ($500) dollars, or to
15   undergo imprisonment of not more than one (1) year, or both, in
16   the discretion of the court.
17      Section 2.   This act shall take effect in 60 days.




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