HB 978 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in district election officers, further providing for election officers to be sworn; in dates of elections and primaries and special elections, further providing for affidavits of candidates; in nomination of candidates, further providing for petition may consist of several sheets and statement of circulator, for affidavits of candidates, for examination of nomination petitions, certificates and papers and return of rejected nomination petitions, certificates and papers, for vacancy in party nomination by failure to pay filing fee or for failure to file loyalty oath, for affidavits of candidates, for filling of certain vacancies in public office by means of nomination certificates and nomination papers and for substituted nominations to fill certain vacancies for a November election; in ballots, further providing for form of ballots and printing ballots; in returns of primaries and elections, further providing for manner of computing irregular ballots; and replacing references to "justice of the peace" with "magisterial district judge."

PRINTER'S NO.     1061

                  THE GENERAL ASSEMBLY OF PENNSYLVANIA



                      HOUSE BILL
                      No. 978
                                             Session of
                                               2025

     INTRODUCED BY GAYDOS, PICKETT, KAUFFMAN, KUZMA, KRUPA, GROVE,
        ZIMMERMAN AND ROWE, MARCH 19, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 19, 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 district election officers, further providing
12      for election officers to be sworn; in dates of elections and
13      primaries and special elections, further providing for
14      affidavits of candidates; in nomination of candidates,
15      further providing for petition may consist of several sheets
16      and statement of circulator, for affidavits of candidates,
17      for examination of nomination petitions, certificates and
18      papers and return of rejected nomination petitions,
19      certificates and papers, for vacancy in party nomination by
20      failure to pay filing fee or for failure to file loyalty
21      oath, for affidavits of candidates, for filling of certain
22      vacancies in public office by means of nomination
23      certificates and nomination papers and for substituted
24      nominations to fill certain vacancies for a November
25      election; in ballots, further providing for form of ballots
26      and printing ballots; in returns of primaries and elections,
27      further providing for manner of computing irregular ballots;
28      and replacing references to "justice of the peace" with
29      "magisterial district judge."
30      The General Assembly of the Commonwealth of Pennsylvania
31   hereby enacts as follows:
 1      Section 1.   Sections 406, 630.1, 909, 910, 976, 978.1, 981.1,
 2   993(a) and (b), 998(a) and (b), 1004 and 1405 of the act of June
 3   3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
 4   Code, are amended to read:
 5      Section 406.   Election Officers to Be Sworn.--All judges,
 6   inspectors, clerks of election and machine inspectors shall,
 7   before entering upon their duties at any primary or election, be
 8   duly sworn in the presence of each other and of the watchers and
 9   overseers, if any. The judge shall first be sworn by the
10   minority inspector or by a magistrate, alderman or [justice of
11   the peace] magisterial district judge, and the inspectors,
12   clerks and machine inspectors shall then be sworn by the judge.
13   Each of them shall forthwith sign in duplicate the oath taken by
14   him upon forms to be furnished by the county board, and the same
15   shall be attested by the officer who administered the oath.
16      Section 630.1.   Affidavits of Candidates.--Each candidate for
17   any State, county, city, borough, incorporated town, township,
18   school district or poor district office, or for the office of
19   United States Senator or Representative in Congress, selected as
20   provided in section 630 of this act, shall file with the
21   nomination certificate an affidavit stating--(a) his residence,
22   with street and number, if any, and his post-office address; (b)
23   his election district, giving city, borough, town or township;
24   (c) the name of the office for which he consents to be a
25   candidate; (d) that he is eligible for such office; (e) that he
26   will not knowingly violate any provision of this act, or of any
27   law regulating and limiting election expenses and prohibiting
28   corrupt practices in connection therewith; (f) unless he is a
29   candidate for judge of a court of common pleas, the Philadelphia
30   Municipal Court [or for the office of school board in a district

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 1   where that office is elective] or for the office of [justice of
 2   the peace] magisterial district judge, that he is not a
 3   candidate for the same office of any party or political body
 4   other than the one designated in such certificate; (g) that he
 5   is aware of the provisions of section 1626 of this act requiring
 6   election and post-election reporting of campaign contributions
 7   and expenditures; and (h) that he is not a candidate for an
 8   office which he already holds, the term of which is not set to
 9   expire in the same year as the office subject to the affidavit.
10      Section 909.   Petition May Consist of Several Sheets;
11   Statement of Circulator.--Said nomination petition may be on one
12   or more sheets, and different sheets must be used for signers
13   resident in different counties. If more than one sheet is used,
14   they shall be bound together when offered for filing if they are
15   intended to constitute one petition, and each sheet shall be
16   numbered consecutively beginning with number one, at the foot of
17   each page. In cases of petitions for delegate or alternate
18   delegate to National conventions, each sheet shall contain a
19   notation indicating the presidential candidate to whom he is
20   committed or the term "uncommitted." Each sheet shall have
21   appended thereto the statement of the circulator of each sheet,
22   setting forth, subject to the penalties of 18 Pa.C.S. § 4904
23   (relating to unsworn falsification to authorities)--(a) that he
24   or she is a qualified elector of the Commonwealth, who is duly
25   registered and enrolled as a member of the party designated in
26   said petition, unless said petition relates to the nomination of
27   a candidate for a court of common pleas, for the Philadelphia
28   Municipal Court or for [justice of the peace] magisterial
29   district judge, in which event the circulator need not be a duly
30   registered and enrolled member of the designated party; (b) his

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 1   residence, giving city, borough or township, with street and
 2   number, if any; (c) that the signers thereto signed with full
 3   knowledge of the contents of the petition; (d) that their
 4   respective residences are correctly stated therein; (e) that
 5   they all reside in the county named in the statement; (f) that
 6   each signed on the date set opposite his name; and (g) that, to
 7   the best of the circulator's knowledge and belief, the signers
 8   are qualified electors and duly registered and enrolled members
 9   of the designated party of the State, or of the political
10   district, as the case may be.
11      Section 910.   Affidavits of Candidates.--Each candidate for
12   any State, county, city, borough, incorporated town, township,
13   ward, school district, poor district, election district, party
14   office, party delegate or alternate, or for the office of United
15   States Senator or Representative in Congress, shall file with
16   his nomination petition his affidavit stating--(a) his
17   residence, with street and number, if any, and his post-office
18   address; (b) his election district, giving city, borough, town
19   or township; (c) the name of the office for which he consents to
20   be a candidate; (d) that he is eligible for such office; (e)
21   that he will not knowingly violate any provision of this act, or
22   of any law regulating and limiting nomination and election
23   expenses and prohibiting corrupt practices in connection
24   therewith; (f) unless he is a candidate for judge of a court of
25   common pleas, the Philadelphia Municipal Court [or for the
26   office of school director in a district where that office is
27   elective] or for the office of [justice of the peace]
28   magisterial district judge that he is not a candidate for
29   nomination for the same office of any party other than the one
30   designated in such petition; (g) if he is a candidate for a

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 1   delegate, or alternate delegate, member of State committee,
 2   National committee or party officer, that he is a registered and
 3   enrolled member of the designated party; (h) if he is a
 4   candidate for delegate or alternate delegate the presidential
 5   candidate to whom he is committed or the term "uncommitted"; (i)
 6   that he is aware of the provisions of section 1626 of this act
 7   requiring pre-election and post-election reporting of campaign
 8   contributions and expenditures; and (j) that he is not a
 9   candidate for an office which he already holds, the term of
10   which is not set to expire in the same year as the office
11   subject to the affidavit. In cases of petitions for delegate and
12   alternate delegate to National conventions, the candidate's
13   affidavit shall state that his signature to the delegate's
14   statement, as hereinafter set forth, if such statement is signed
15   by said candidate, was affixed to the sheet or sheets of said
16   petition prior to the circulation of same. In the case of a
17   candidate for nomination as President of the United States, it
18   shall not be necessary for such candidate to file the affidavit
19   required in this section to be filed by candidates, but the
20   post-office address of such candidate shall be stated in such
21   nomination petition.
22      Section 976.   Examination of Nomination Petitions,
23   Certificates and Papers; Return of Rejected Nomination
24   Petitions, Certificates and Papers.--When any nomination
25   petition, nomination certificate or nomination paper is
26   presented in the office of the Secretary of the Commonwealth or
27   of any county board of elections for filing within the period
28   limited by this act, it shall be the duty of the said officer or
29   board to examine the same. No nomination petition, nomination
30   paper or nomination certificate shall be permitted to be filed

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 1   if--(a) it contains material errors or defects apparent on the
 2   face thereof, or on the face of the appended or accompanying
 3   affidavits; or (b) it contains material alterations made after
 4   signing without the consent of the signers; or (c) it does not
 5   contain a sufficient number of signatures as required by law;
 6   Provided, however, That the Secretary of the Commonwealth or the
 7   county board of elections, although not hereby required so to
 8   do, may question the genuineness of any signature or signatures
 9   appearing thereon, and if he or it shall thereupon find that any
10   such signature or signatures are not genuine, such signature or
11   signatures shall be disregarded in determining whether the
12   nomination petition, nomination paper or nomination certificate
13   contains a sufficient number of signatures as required by law;
14   or (d) in the case of nomination petitions, if nomination
15   petitions have been filed for printing the name of the same
16   person for the same office, except the office of judge of a
17   court of common pleas, the Philadelphia Municipal Court [or the
18   office of school director in districts where that office is
19   elective] or the office of [justice of the peace] magisterial
20   district judge upon the official ballot of more than one
21   political party; or (e) in the case of nomination papers, if the
22   candidate named therein has filed a nomination petition for any
23   public office for the ensuing primary, or has been nominated for
24   any such office by nomination papers previously filed; or (f) if
25   the nomination petitions or papers are not accompanied by the
26   filing fee or certified check required for said office; or (g)
27   in the case of nomination papers, the appellation set forth
28   therein is identical with or deceptively similar to the words
29   used by any existing party or by any political body which has
30   already filed nomination papers for the same office, or if the

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

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

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 1   board. The application shall be made within two days of the time
 2   when such decision is announced. If the application is properly
 3   made, any judge of said court may fix a time and place for
 4   hearing the matter in dispute, of which notice shall be served
 5   with a copy of said application upon the Secretary of the
 6   Commonwealth or the county board of elections, as the case may
 7   be. At the time so fixed, the court, or any judge thereof
 8   assigned for the purpose, shall hear the case de novo. If after
 9   such hearing the said court shall find that the decision of the
10   committee or the board was erroneous, it shall issue its mandate
11   to the committee or board to correct its decision and to accept
12   and file the nomination paper, petition or certificate. From any
13   decision of the court an appeal may be taken within two days
14   after the entry thereof. It shall be the duty of the said court
15   to fix the hearing and to announce its decision within such
16   period of time as will permit the Secretary of the Commonwealth
17   or the county board of elections to permit the names of the
18   candidates affected by the court's decision to be printed on the
19   ballot, if the court should so determine.
20      Section 978.1.   Vacancy in Party Nomination by Failure to Pay
21   Filing Fee or for Failure to File Loyalty Oath.--Every person
22   nominated at any primary election as the candidate of any
23   political party for any office, other than a borough, town,
24   township, school district or poor district office, or the office
25   of [justice of the peace] magisterial district judge, or
26   constable, who has not paid the filing fee required by section
27   nine hundred thirteen of this act, as amended, for the filing of
28   a nomination petition for such office, or who has not filed the
29   loyalty oath required by section 14, act of December 22, 1951
30   (P.L.1726), known as the "Pennsylvania Loyalty Act," as last

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 1   amended June 19, 1961 (P.L.446), shall pay the amount of such
 2   fee to and file such oath with the Secretary of the
 3   Commonwealth, or the county board of elections, as the case may
 4   be, at least eighty-five (85) days previous to the day of the
 5   general or municipal election at which such candidate's name
 6   would appear on the ballot. Failure to pay such fee or file such
 7   oath within the time herein prescribed shall result in a vacancy
 8   in such party nomination. Such vacancy shall be filled in the
 9   manner hereinafter provided for the filling of such vacancies
10   happening by reason of the death or withdrawal of any candidate.
11      Section 981.1.   Affidavits of Candidates.--Each candidate for
12   any State, county, city, borough, incorporated town, township,
13   ward, school district, poor district or election district
14   office, or for the office of United States Senator or
15   Representative in Congress, selected as provided in sections 979
16   and 980 of this act, shall file with the substituted nomination
17   certificate an affidavit stating--(a) his residence, with street
18   and number, if any, and his post-office address; (b) his
19   election district, giving city, borough, town or township; (c)
20   the name of the office for which he consents to be a candidate;
21   (d) that he is eligible for such office; (e) that he will not
22   knowingly violate any provision of this act, or of any law
23   regulating and limiting election expenses and prohibiting
24   corrupt practices in connection therewith; (f) unless he is a
25   candidate for judge of a court of common pleas, the Philadelphia
26   Municipal Court [or for the office of school board in a district
27   where that office is elective] or for the office of [justice of
28   the peace] magisterial district judge, that he is not a
29   candidate for the same office of any party or political body
30   other than the one designated in such certificate; (g) that he

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 1   is aware of the provisions of section 1626 of this act requiring
 2   election and post-election reporting of campaign contributions
 3   and expenditures; and (h) that he is not a candidate for an
 4   office which he already holds, the term of which is not set to
 5   expire in the same year as the office subject to the affidavit.
 6      Section 993.   Filling of Certain Vacancies in Public Office
 7   by Means of Nomination Certificates and Nomination Papers.--(a)
 8   In all cases where a vacancy shall occur for any cause in an
 9   elective public office, including that of judge of a court of
10   record, at a time when such vacancy is required by the
11   provisions of the Constitution or the laws of this Commonwealth
12   to be filled at the ensuing election but at a time when
13   nominations for such office cannot be made under any other
14   provision of this act, nominations to fill such vacancies shall
15   be made by political parties in accordance with party rules
16   relating to the filling of vacancies by means of nomination
17   certificates in the form prescribed in section nine hundred
18   ninety-four of this act, and by political bodies by means of
19   nomination papers in accordance with the provisions of sections
20   nine hundred fifty-one, nine hundred fifty-two and nine hundred
21   fifty-four of this act. No such nomination certificate shall
22   nominate any person who has already been nominated by any other
23   political party or by any political body for the same office
24   unless such person is a candidate for the office of judge of a
25   court of common pleas, the Philadelphia Municipal Court [or for
26   the office of school director in districts where that office is
27   elective] or for the office of [justice of the peace]
28   magisterial district judge. No such nomination papers shall
29   nominate any person who has already been nominated by any
30   political party or by any other political body for any office to

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 1   be filled at the ensuing November election, unless such person
 2   is a candidate for the office of judge of a court of common
 3   pleas, the Philadelphia Municipal Court [or for the office of
 4   school director in districts where that office is elective] or
 5   for the office of [justice of the peace] magisterial district
 6   judge.
 7      (b)   Said nomination certificates and nomination papers for
 8   State public offices and judges of courts of records shall be
 9   filed in the office of the Secretary of the Commonwealth at
10   least fifty (50) days prior to a general or municipal election,
11   as the case may be. Nomination certificates and nomination
12   papers for public offices in counties, cities, boroughs, towns,
13   townships, wards and school districts and for the offices of
14   aldermen and [justices of the peace] magisterial district judges
15   shall be filed in the office of the county board of elections at
16   least fifty (50) days prior to a municipal election.
17      * * *
18      Section 998.   Substituted Nominations to Fill Certain
19   Vacancies for a November Election.--(a)   Any vacancy happening
20   or existing in any party nomination made in accordance with the
21   provisions of section nine hundred ninety-three of this act for
22   a November election by reason of the death or withdrawal of any
23   candidate may be filled by a substituted nomination made by such
24   committee as is authorized by the rules of the party to make
25   nominations in the event of vacancies on the party ticket, in
26   the form prescribed by section nine hundred ninety-four of this
27   act. But no substituted nomination certificate shall nominate
28   any person who has already been nominated by any other political
29   party or by any political body for the same office, unless such
30   person is a candidate for the office of judge of a court of

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 1   common pleas, the Philadelphia Municipal Court [or for the
 2   office of school director in districts where that office is
 3   elective] or for the office of [justice of the peace]
 4   magisterial district judge.
 5      (b)   In case of the death or withdrawal of any candidate
 6   nominated by a political body for an election, the committee
 7   named in the original nomination papers may nominate a
 8   substitute in his place by filing a substituted nomination
 9   certificate in the form and manner prescribed by section nine
10   hundred eighty of this act. In the case of a vacancy caused by
11   the death of any candidate, said nomination certificate shall be
12   accompanied by a death certificate properly certified. No
13   substituted nomination certificate shall nominate any person who
14   has already been nominated by any political party or by any
15   other political body for any office to be filled at the ensuing
16   November election, unless such person is a candidate for the
17   office of judge of a court of common pleas, the Philadelphia
18   Municipal Court [or for the office of school director in
19   districts where that office is elective] or for the office of
20   [justice of the peace] magisterial district judge.
21      * * *
22      Section 1004.   Form of Ballots; Printing Ballots.--From the
23   lists furnished by the Secretary of the Commonwealth under the
24   provisions of sections 915 and 984, and from petitions and
25   papers filed in their office, the county election board shall
26   print the official primary and election ballots in accordance
27   with the provisions of this act: Provided, however, That in no
28   event, shall the name of any person consenting to be a candidate
29   for nomination for any one office, except the office of judge of
30   a court of common pleas, the Philadelphia Municipal Court [or

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 1   the office of school director in districts where that office is
 2   elective] or the office of [justice of the peace] magisterial
 3   district judge be printed as a candidate for such office upon
 4   the official primary ballot of more than one party. All ballots
 5   for use in the same election district at any primary or election
 6   shall be alike.
 7      Section 1405.   Manner of Computing Irregular Ballots.--The
 8   county board, in computing the votes cast at any primary or
 9   election, shall compute and certify votes cast on irregular
10   ballots exactly as such names were written, stamped or deposited
11   in or on receptacles for that purpose, and as they have been so
12   returned by the election officers. In districts in which paper
13   ballots or ballot cards are electronically tabulated, stickers
14   or labels may not be used to mark ballots. A vote cast by means
15   of a sticker or label affixed to a ballot or ballot card shall
16   be void and may not be counted. In the primary the Secretary of
17   the Commonwealth shall not certify the votes cast on irregular
18   ballots for any person for a National office including that of
19   the President of the United States, United States Senator and
20   Representative in Congress; or for any State office including
21   that of Governor and Lieutenant Governor, Auditor General, State
22   Treasurer, Senator and Representative in the General Assembly,
23   justices and judges of courts of record or for any party office
24   including that of delegate or alternate delegate to National
25   conventions and member of State committee unless the total
26   number of votes cast for said person is equal to or greater than
27   the number of signatures required on a nomination petition for
28   the particular office. In the primary the county board shall not
29   certify the votes cast on irregular ballots for any person for a
30   [justice of the peace] magisterial district judge, constable,

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1   National, State, county, city, borough, town, township, ward,
2   school district, election or local party office unless the total
3   number of votes cast for said person is equal to or greater than
4   the number of signatures required on a nomination petition for
5   the particular office.
6      Section 2.   This act shall take effect in 60 days.




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