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Pennsylvania Statutes § 2873 Place and time of filing nomination petitions; filing fees

⤴ Up to Nomination of Party Candidates at Primaries

Statute Text

(a) Nomination petitions in the case of candidates for the office of President of the United States, United States Senator, Representative in Congress and for all State offices, including senators, representatives and judges of courts of record, for the office of delegate or alternate delegate to National party conventions, and for the office of a member of a State or National committee, shall be filed with the Secretary of the Commonwealth. Nomination petitions in all other cases shall be filed with the county boards of election of the respective counties. Nomination petitions for candidates for any office to be voted for by the electors of any city, borough, township, ward or school district which is situate in two or more counties, shall be filed with the county board of the county in which the major number of the registered electors of such city, borough, township, ward or school district reside. Immediately after the last day for such candidates to withdraw and after they have cast lots for their position on the ballots or ballot labels, the said county board shall certify to the county board of each other county involved a list of the names, addresses and occupations of the candidates so filing nomination petitions for each party, together with the order in which their names are to appear upon the primary ballots or ballot labels, and such other county board shall prepare the primary ballots or ballot labels to be used in the portion of such city, borough, township, ward or school district situate in such county accordingly.
(b) Repealed by 1984, Dec. 12, P.L. 968, No. 190,§ 3, eff. Jan. 1, 1985.
(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 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).
5. Deleted by 2004, Oct. 8, P.L. 807, No. 97, § 3, imd. effective.
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).
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.
(d) All nomination petitions shall be filed on or before the tenth Tuesday prior to the primary.
(e) The office in which a nomination petition is filed shall issue to the person filing the nomination petition a receipt containing the date and time of filing, the name of the candidate and the office for which he is a candidate.
(f) Each person filing any nomination petition for public office shall be given a statement composed by the Secretary of the Commonwealth setting forth his duties under law to file pre-election and post-election campaign finance reports, and the penalties for nonfiling. Each person filing shall also be given a form to file expenses if the amount received or expended or liabilities incurred shall exceed the sum of two hundred fifty dollars ($250), and a form containing a sworn statement that the amount received or expended or liabilities incurred do not exceed the sum of two hundred fifty dollars ($250), with written instructions prepared by the Secretary of the Commonwealth. Within three weeks after such candidate has filed, the appropriate supervisor shall mail the same forms and instructions to such candidate by first class mail.
Petitions to be filed in the office of the Secretary of the Commonwealth shall be received in said office not later than 5 o'clock P.M. on the last day for filing same, and all petitions to be filed with any county board of elections shall be received in said office not later than the ordinary closing hour of said office on the last day for filing same.

History

1937, June 3, P.L. 1333, art. IX, § 913. Amended 1939, June 15, P.L. 376, § 2; 1941, June 26, P.L. 212, § 1; 1945, March 9, P.L. 29, § 4; 1945, May 15, P.L. 480, § 1; 1945, May 18, P.L. 696, § 1; 1945, May 24, P.L. 955, § 1; 1945, May 25, P.L. 1010, § 1; 1947, March 5, P.L. 35, § 1; 1947, June 28, P.L. 1055, § 1; 1951, March 6, P.L. 3, § 7; 1951, May 16, P.L. 302, § 2; 1963, Aug. 13, P.L. 707, § 12, effective 1/1/1964 ; 1976, Dec. 2, P.L. 1221, No. 269, § 4, imd. effective. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [1193]. Amended 1979 , July 21, P.L. 189, No. 63 , § 2 , imd. effective; 1984, Dec. 12, P.L. 968, No. 190, § 4, effective 1/1/1985 ; 1989 , Feb. 13, P.L. 1, No. 1 , § 1 , imd. effective; 1990, Dec. 17, P.L. 681, No. 169, § 2, effective in 60 days; 2004, Oct. 8, P.L. 807, No. 97, § 3, imd. effective.

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