HB 2262 — 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
 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 special elections for United
13      States Senator and nominations and for nominations for
14      special election for Representative in Congress, Senator and
15      Representative in the General Assembly and member of council
16      or legislative body of cities, boroughs, towns and townships;
17      and, in nominations of candidates, further providing for
18      number of signers required for nomination petitions of
19      candidates at primaries, for nominations by minor political
20      parties, for place and time of filing nomination petitions
21      and filing fees and for nominations by political bodies,
22      repealing provisions relating to filing fee and further
23      providing for examination of nomination petitions,
24      certificates and papers and return of rejected nomination
25      petitions, certificates and papers and for vacancy in party
26      nomination by failure to pay filing fee or for failure to
27      file loyalty oath.
28      The General Assembly of the Commonwealth of Pennsylvania
29   hereby enacts as follows:
30      Section 1.    Sections 626, 629, 912.1, 912.2(a), 913 heading,
31   (b.1), (b.2) and (c) and 951(b) of the act of June 3, 1937
 1   (P.L.1333, No.320), known as the Pennsylvania Election Code, are
 2   amended to read:
 3      Section 626.    Special Elections for United States Senator;
 4   Nominations.--Whenever a vacancy shall occur in the office of
 5   United States Senator, said vacancy shall be filled for the
 6   unexpired term by the vote of the electors of the State at a
 7   special election to be held at the time of the next general or
 8   municipal election, occurring at least ninety (90) days after
 9   the happening of such vacancy, and it shall be the duty of the
10   Governor to issue writs of election to the various county boards
11   of elections and to the Secretary of the Commonwealth within ten
12   (10) days after the happening of said vacancy. Candidates to
13   fill vacancies in the office of United States Senator shall be
14   nominated by political parties, in accordance with the party
15   rules relating to the filling of vacancies, by means of
16   nomination certificates, in the form prescribed in section 630
17   of this act; and by political bodies, by means of nomination
18   papers, in accordance with the provisions of sections [951, 952
19   and 954] 951 and 952 of this act. Said nomination certificates
20   and nomination papers shall be filed in the office of the
21   Secretary of the Commonwealth at least sixty (60) days prior to
22   the date of said special election. Until such time as said
23   vacancy shall be filled by an election as herein provided, the
24   Governor of the Commonwealth may make a temporary appointment to
25   fill said vacancy.
26      Section 629.    Nominations for Special Election for
27   Representative in Congress, Senator and Representative in the
28   General Assembly and Member of Council or Legislative Body of
29   Cities, Boroughs, Towns and Townships.--Candidates to fill
30   vacancies in the offices of Representative in Congress, Senator

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 1   and Representative in the General Assembly and member of the
 2   council or legislative body of any city, borough, town or
 3   township shall be nominated by political parties, in accordance
 4   with the party rules relating to the filling of vacancies, by
 5   means of nomination certificates, in the form prescribed in
 6   section 630 of this act; and by political bodies, by means of
 7   nomination papers, in accordance with the provisions of sections
 8   [951, 952 and 954] 951 and 952 of this act. Said nomination
 9   certificates and nomination papers for the office of
10   Representative in Congress, Senator and Representative in the
11   General Assembly shall be filed in the office of the Secretary
12   of the Commonwealth not later than fifty (50) days prior to the
13   date of the special election, and for the office of member of
14   the council or legislative body of a city, borough, town or
15   township, in the office of the county board of elections wherein
16   such city, borough, town or township is situate, not later than
17   fifteen (15) days after the issuance of the writ of election.
18      Section 912.1.   Number of Signers Required for Nomination
19   Petitions of Candidates at Primaries.--Candidates for nomination
20   of offices as listed below shall present a nominating petition
21   containing at least as many valid signatures of registered and
22   enrolled members of the proper party as listed below:
23      (1)   President of the United States: [Two] One thousand.
24      (2)   United States Senate: [Two] One thousand.
25      (3)   Governor: [Two] One thousand including at least [one
26   hundred] fifty from each of at least ten counties.
27      (4)   Lieutenant Governor: [One thousand] Five hundred
28   including at least [one hundred] fifty from each of at least
29   five counties.
30      (5)   Treasurer: [One thousand] Five hundred including at

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 1   least [one hundred] fifty from each of at least five counties.
 2      (6)     Auditor General: [One thousand] Five hundred including
 3   at least [one hundred] fifty from each of at least five
 4   counties.
 5      (7)     Attorney General: [One thousand] Five hundred including
 6   at least [one hundred] fifty from each of at least five
 7   counties.
 8      (8)     Justice of the Supreme Court: [One thousand] Five
 9   hundred including at least [one hundred] fifty from each of at
10   least five counties.
11      (9)     Judge of the Superior Court: [One thousand] Five hundred
12   including at least [one hundred] fifty from each of at least
13   five counties.
14      (10)     Judge of the Commonwealth Court: [One thousand] Five
15   hundred including at least [one hundred] fifty from each of at
16   least five counties.
17      (11)     For any other office to be filled by the vote of the
18   electors of the State at large or for any other party office to
19   be elected by the electors of the State at large: [One thousand]
20   Five hundred including at least [one hundred] fifty from each of
21   at least five counties.
22      (12)     Representative in Congress: [One thousand] Five
23   hundred.
24      (13)     Senator in the General Assembly: [Five hundred] Two
25   hundred fifty.
26      (14)     Representative in the General Assembly: [Three hundred]
27   One hundred fifty.
28      (15)     Public or party offices to be filled by a vote of the
29   electors in counties of the first class at large: [One thousand]
30   Five hundred.

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 1      (16)   Public or party offices to be filled by a vote of the
 2   electors in counties of the second class at large: [Five
 3   hundred] Two hundred fifty.
 4      (17)   Public or party offices to be filled by a vote of the
 5   electors in cities of the first class at large: [One thousand]
 6   Five hundred.
 7      (18)   Public or party offices to be filled by a vote of the
 8   electors in counties of the second class A at large: [Two
 9   hundred fifty] One hundred twenty-five.
10      (19)   Public or party offices to be filled by a vote of the
11   electors in counties of the third class at large: [Two hundred
12   fifty] One hundred twenty-five.
13      (20)   Public or party offices to be filled by a vote of the
14   electors in counties of the fourth class at large: [Two hundred
15   fifty] One hundred twenty-five.
16      (21)   Public or party offices to be filled by a vote of the
17   electors in cities of the second class at large: [Two hundred
18   fifty] One hundred twenty-five.
19      (22)   Public or party offices to be filled by a vote of the
20   electors in cities of the second class A at large: [One hundred]
21   Fifty.
22      (23)   Public or party offices to be filled by a vote of the
23   electors in cities of the third class at large: [One hundred]
24   Fifty.
25      (24)   Public or party offices to be filled by a vote of the
26   electors in counties of the fifth class at large: [One hundred]
27   Fifty.
28      (25)   Public or party offices to be filled by a vote of the
29   electors in counties of the sixth class at large: [One hundred]
30   Fifty.

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 1      (26)   Public or party offices to be filled by a vote of the
 2   electors in counties of the seventh class at large: [One
 3   hundred] Fifty.
 4      (27)   Public or party offices to be filled by a vote of the
 5   electors in counties of the eighth class at large: [One hundred]
 6   Fifty.
 7      (28)   Office of judge of any court of record other than a
 8   Statewide court or a court in a county of the first or second
 9   class: [Two hundred fifty] One hundred twenty-five.
10      (29)   District delegate or alternate district delegate to a
11   National party convention: [Two hundred fifty] One hundred
12   twenty-five.
13      (30)   Member of State committee: [One hundred] Fifty.
14      (31)   Office of district council member in a city of the
15   first class: [Seven hundred fifty] Three hundred seventy-five.
16      (31.1)   Office of district council member in a city of the
17   second class: [One hundred] Fifty.
18      (32)   Office of magisterial district judge: [One hundred]
19   Fifty, but only for a candidate's primary election when the
20   candidate does not already hold the office of magisterial
21   district judge. A sitting magisterial district judge elected to
22   the office shall not be required to file a nominating petition
23   under this section to run for the office of magisterial district
24   judge but may instead file a certificate of nomination for
25   reelection specifying the intent to seek reelection to the
26   office. If a sitting magisterial district judge files a
27   certificate of nomination for reelection, the sitting
28   magisterial district judge may not challenge the nominating
29   petition of another candidate for magisterial district judge.
30      (33)   Office of judge of election: [Ten] Five.

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 1      (34)    Inspector of elections: [Five] Three.
 2      (35)    School director: [Ten] Five.
 3      (36)    All other public and party offices: [Ten] Five.
 4      Section 912.2.   Nominations by Minor Political Parties.--(a)
 5   Notwithstanding any other provision in this act to the contrary,
 6   minor political parties shall nominate all of their candidates
 7   for the offices to be filled at the ensuing November election
 8   pursuant to section 903 in accordance with the requirements of
 9   section 951, other than subsection (e)(6) and (7) thereof, [and
10   section 954,] and shall obtain the required signatures during
11   the same time frame available to political bodies. Minor
12   political parties shall be subject to the provisions of this act
13   applicable to political parties with respect to special
14   elections, voter registration forms, substituted nominations and
15   all other purposes except as otherwise expressly provided in
16   this section. "Minor political party" shall mean a political
17   party as defined in section 801(a) or (b) whose State-wide
18   registration is less than fifteen per centum of the combined
19   State-wide registration for all State-wide political parties as
20   of the close of the registration period immediately preceding
21   the most recent November election. The Secretary of the
22   Commonwealth shall prescribe forms or, if there is insufficient
23   time, make appropriate conforming changes in existing forms to
24   carry out the purposes of this section.
25      * * *
26      Section 913.   Place and Time of Filing Nomination Petitions[;
27   Filing Fees].--* * *
28      [(b.1)   Each person filing any nomination petition shall pay
29   for each petition, at the time of filing, a filing fee to be
30   determined as follows, and no nomination petition shall be

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 1   accepted or filed, unless and until such filing fee is paid by a
 2   certified check or money order or also by cash when filed with
 3   the county board. All moneys paid on account of filing fees
 4   shall be transmitted by the county board to the county treasurer
 5   and shall become part of the General Fund. Certified checks or
 6   money orders in payment of filing fees shall be made payable to
 7   the Commonwealth of Pennsylvania or to the county, as the case
 8   may be, and shall be transmitted to the State Treasurer or to
 9   the county treasurer and shall become part of the General Fund.
10      1.   If for the office of President of the United States, or
11   for any public office to be filled by the electors of the State
12   at large, the sum of two hundred dollars ($200.00).
13      2.   If for the office of Representative in Congress, the sum
14   of one hundred fifty dollars ($150.00).
15      3.   If for the office of judge of a court of record,
16   excepting judges to be voted for by the electors of the State at
17   large, the sum of one hundred dollars ($100.00).
18      4.   If for the offices of Senator or Representative in the
19   General Assembly, for any office to be filled by the electors of
20   an entire county, for the office of district councilman in a
21   city of the first class and for any office other than school
22   district office to be filled by the electors of an entire city,
23   the sum of one hundred dollars ($100.00), except as provided in
24   paragraph 4.1.
25      4.1.     If for nonschool board offices for any third class city
26   official, the sum of twenty-five dollars ($25.00).
27      6.   If for the office of delegate or alternate delegate to
28   National party convention, or member of National committee or
29   member of State committee, the sum of twenty-five dollars
30   ($25.00).

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 1      7.    If for the office of constable, the sum of ten dollars
 2   ($10.00).
 3      8.    If for the office of district councilman in a city of the
 4   second class or the office of district justice, the sum of fifty
 5   dollars ($50.00).
 6      (b.2)    A filing fee shall not be paid for a nomination
 7   petition for any public office for which no compensation is
 8   provided by law, nor for any nomination petition for any public
 9   officer in any borough, town or township nor any party officer
10   except as provided above nor for any nomination petition for
11   judge of election or inspector of elections.
12      (c)    The filing fees herein provided for shall not be
13   refunded in the event of the withdrawal of any candidate named
14   in any petition, or for any other cause whatsoever.]
15      * * *
16      Section 951.     Nominations by Political Bodies.--* * *
17      [(b)     Where the nomination is for any office to be filled by
18   the electors of the State at large, the number of qualified
19   electors of the State signing such nomination paper shall be at
20   least equal to two per centum of the largest entire vote cast
21   for any elected candidate in the State at large at the last
22   preceding election at which State-wide candidates were voted
23   for. In the case of all other nominations, the number of
24   qualified electors of the electoral district signing such
25   nomination papers shall be at least equal to two per centum of
26   the largest entire vote cast for any officer, except a judge of
27   a court of record, elected at the last preceding election in
28   said electoral district for which said nomination papers are to
29   be filed, and shall be not less than the number of signers
30   required for nomination petitions for party candidates for the

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 1   same office. In cases where a new electoral district shall have
 2   been created, the number of qualified electors signing such
 3   nomination papers, for candidates to be elected at the first
 4   election held after the creation of such district, shall be at
 5   least equal to two per centum of the largest vote cast in the
 6   several election districts, which are included in the district
 7   newly created, for any officer elected in the last preceding
 8   election.]
 9      * * *
10      Section 2.    Section 954 of the act is repealed:
11      [Section 954.    Filing Fee.--The same filing fee shall be paid
12   for each candidate nominated by a nomination paper as required
13   in section 913 for the filing of nomination petitions by
14   candidates for nomination to the same office. Each nomination
15   paper nominating a candidate or a group of candidates for office
16   shall be accompanied by a certified check or money order drawn
17   in the proper amount to cover the filing fees for each candidate
18   nominated therein but in no case less than the sum of five
19   dollars ($5.00), and payable to the Commonwealth of Pennsylvania
20   or to the county, as the case may be. All fees so received by
21   the Secretary of the Commonwealth or the county election board
22   shall be transmitted to the State Treasurer or to the county
23   treasurer, as the case may be, and shall become part of the
24   General Fund.]
25      Section 3.    Sections 976 and 978.1 of the act are amended to
26   read:
27      Section 976.    Examination of Nomination Petitions,
28   Certificates and Papers; Return of Rejected Nomination
29   Petitions, Certificates and Papers.--When any nomination
30   petition, nomination certificate or nomination paper is

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

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 1   required for said office;] or (g) in the case of nomination
 2   papers, the appellation set forth therein is identical with or
 3   deceptively similar to the words used by any existing party or
 4   by any political body which has already filed nomination papers
 5   for the same office, or if the appellation set forth therein
 6   contains part of the name, or an abbreviation of the name or
 7   part of the name of an existing political party, or of a
 8   political body which has already filed nomination papers for the
 9   same office. The invalidity of any sheet of a nomination
10   petition or nomination paper shall not affect the validity of
11   such petition or paper if a sufficient petition or paper remains
12   after eliminating such invalid sheet. The action of said officer
13   or board in refusing to receive and file any such nomination
14   petition, certificate or paper, may be reviewed by the court
15   upon an application to compel its reception as of the date when
16   it was presented to the office of such officer or board:
17   Provided, however, That said officer or board shall be entitled
18   to a reasonable time in which to examine any petitions,
19   certificates or papers, and to summon and interrogate the
20   candidates named therein, or the persons presenting said
21   petitions, certificates or papers, and his or their retention of
22   same for the purpose of making such examination or interrogation
23   shall not be construed as an acceptance or filing.
24      Upon completion of any examination, if any nomination
25   petition, certificate or paper is found to be defective, it
26   shall forthwith be rejected and returned to the candidate or one
27   of the candidates named therein, together with a statement of
28   the reasons for such rejection:
29      Provided further, That no nomination petition, nomination
30   paper or nomination certificate shall be permitted to be filed,

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 1   if the political party or political body referred to therein
 2   shall be composed of a group of electors whose purposes or aims,
 3   or one of whose purposes or aims, is the establishment, control,
 4   conduct, seizure or overthrow of the Government of the
 5   Commonwealth of Pennsylvania or the United States of America by
 6   the use of force, violence, military measure or threats of one
 7   or more of the foregoing. The authority to reject such
 8   nomination petition, paper or certificate for this reason shall,
 9   when filed with the Secretary of the Commonwealth, be vested in
10   a committee composed of the Governor, the Attorney General and
11   the Secretary of the Commonwealth, and when filed with any
12   county board of elections shall be vested in such board. If in
13   such case the committee or board, as the case may be, shall
14   conclude that the acceptance of such nomination petition, paper
15   or certificate should be refused, it shall within two days of
16   the filing of such nomination petition, paper or certificate fix
17   a place and a time five days in advance for hearing the matter,
18   and notice thereof shall be given to all parties affected
19   thereby. At the time and place so fixed the committee or board,
20   as the case may be, shall hear testimony, but shall not be bound
21   by technical rules of evidence. The testimony presented shall be
22   stenographically recorded and made a part of the record of the
23   committee or board. Within two days after such hearing the
24   committee or board, if satisfied upon competent evidence that
25   the said nomination petition, paper or certificate is not
26   entitled to be accepted and filed, it shall announce its
27   decision and immediately notify the parties affected thereby.
28   Failure to announce decision within two days after such hearing
29   shall be conclusive that such nomination petition, paper or
30   certificate has been accepted and filed. The decision of said

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 1   committee or board in refusing to accept and file such
 2   nomination petition, paper or certificate may be reviewed by the
 3   court upon an application to compel its reception as of the date
 4   when presented to the Secretary of the Commonwealth or such
 5   board. The application shall be made within two days of the time
 6   when such decision is announced. If the application is properly
 7   made, any judge of said court may fix a time and place for
 8   hearing the matter in dispute, of which notice shall be served
 9   with a copy of said application upon the Secretary of the
10   Commonwealth or the county board of elections, as the case may
11   be. At the time so fixed, the court, or any judge thereof
12   assigned for the purpose, shall hear the case de novo. If after
13   such hearing the said court shall find that the decision of the
14   committee or the board was erroneous, it shall issue its mandate
15   to the committee or board to correct its decision and to accept
16   and file the nomination paper, petition or certificate. From any
17   decision of the court an appeal may be taken within two days
18   after the entry thereof. It shall be the duty of the said court
19   to fix the hearing and to announce its decision within such
20   period of time as will permit the Secretary of the Commonwealth
21   or the county board of elections to permit the names of the
22   candidates affected by the court's decision to be printed on the
23   ballot, if the court should so determine.
24      Section 978.1.   Vacancy in Party Nomination [by Failure to
25   Pay Filing Fee or] for Failure to File Loyalty Oath.--Every
26   person nominated at any primary election as the candidate of any
27   political party for any office, other than a borough, town,
28   township, school district or poor district office, or the office
29   of justice of the peace, or constable, [who has not paid the
30   filing fee required by section nine hundred thirteen of this

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 1   act, as amended, for the filing of a nomination petition for
 2   such office, or] who has not filed the loyalty oath required by
 3   section 14, act of December 22, 1951 (P.L.1726), known as the
 4   "Pennsylvania Loyalty Act," as last amended June 19, 1961
 5   (P.L.446), shall [pay the amount of such fee to and] file such
 6   oath with the Secretary of the Commonwealth, or the county board
 7   of elections, as the case may be, at least eighty-five (85) days
 8   previous to the day of the general or municipal election at
 9   which such candidate's name would appear on the ballot. Failure
10   to [pay such fee or] file such oath within the time herein
11   prescribed shall result in a vacancy in such party nomination.
12   Such vacancy shall be filled in the manner hereinafter provided
13   for the filling of such vacancies happening by reason of the
14   death or withdrawal of any candidate.
15      Section 4.   The amendment or repeal of sections 626, 629,
16   912.1, 912.2(a), 913 heading, (b.1), (b.2) and (c), 951(b), 954,
17   976 and 978.1 of the act shall apply to the first primary
18   election held after January 1, 2026, and each election held
19   thereafter.
20      Section 5.   This act shall take effect immediately.




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