HB 115 — An Act providing for ballot access; and imposing duties on the Department of State.

PRINTER'S NO.    93

                    THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 115
                                                 Session of
                                                   2025

     INTRODUCED BY GROVE, JANUARY 14, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 14, 2025


                                      AN ACT
 1   Providing for ballot access; and imposing duties on the
 2      Department of State.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Ballot Access
 7   Improvement Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "County."   A county of this Commonwealth.
13      "County board."   A county board of elections in a county.
14      "Department."   The Department of State of the Commonwealth.
15      "General election."      The election that the Constitution of
16   Pennsylvania requires to be held in even-numbered years.
17      "Municipal election."      The election that the Constitution of
18   Pennsylvania requires to be held in odd-numbered years.
 1      "Nomination petition."       As described under Article IX of the
 2   act of June 3, 1937 (P.L.1333, No.320), known as the
 3   Pennsylvania Election Code.
 4      "Nomination petition filing fee."      A filing fee established
 5   under section 5(a) that may be paid in lieu of filing a
 6   nomination petition to appear on a ballot.
 7      "Nomination petition filing fee receipt."      A paper or
 8   electronic receipt that provides proof of a successful transfer
 9   of money to satisfy the payment of a nomination petition filing
10   fee.
11      "Primary election."     An election held for the purpose of
12   electing party officers and nominating candidates for public
13   offices to be voted for at a general election or municipal
14   election.
15      "Secretary."     The Secretary of the Commonwealth.
16      "Voting district."     A geographic area within this
17   Commonwealth that hosts an election of public officials that
18   serve at the pleasure of the electorate within the geographic
19   area.
20   Section 3.     Ballot access.
21      (a)   Requirement.--A candidate for any of the offices or
22   judgeships specified under subsection (b) who meets the
23   requirements to be eligible to be placed on the ballot for the
24   general election must do one of the following:
25            (1)   Submit to the department or, as applicable, the
26      appropriate county board a nomination petition and
27      corresponding filing fees in accordance with section 913 of
28      the act of June 3, 1937 (P.L.1333, No.320), known as the
29      Pennsylvania Election Code.
30            (2)   Make a payment in full of a nomination petition

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 1      filing fee to the department or, as applicable, the
 2      appropriate county board.
 3      (b)   Applicability.--Subsection (a) applies to a candidate
 4   seeking any of the following:
 5            (1)    The office of President of the United States.
 6            (2)    The office of delegate or alternate to a national
 7      party convention.
 8            (3)    The office of a member of a national or State party
 9      committee.
10            (4)    The office of Senator in the United States Senate.
11            (5)    The office of Representative in the United States
12      House of Representatives.
13            (6)    A Statewide office.
14            (7)    The office of Senator in the General Assembly.
15            (8)    The office of Representative in the General
16      Assembly.
17            (9)    A Statewide judgeship.
18            (10)    A court of common pleas judgeship.
19            (11)    The office of magisterial district judge.
20            (12)    A county or municipal office.
21   Section 4.      Municipal filing jurisdiction.
22      A candidate for an elective office of a city, borough,
23   incorporated town, township, ward or school district which is
24   located in two or more counties shall be required to file the
25   nomination petition or nomination petition filing fee with the
26   county board of the county in which the majority or a plurality
27   of the number of the registered electors of the city, borough,
28   incorporated town, township, ward or school district reside.
29   Section 5.      Nomination petition filing fee.
30      (a)   Amounts.--The amount of the nomination petition filing

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 1   fee shall be as follows:
 2            (1)   $38,500 for the following:
 3                  (i)    The office of President of the United States.
 4                  (ii)    The office of Senator in the United States
 5            Senate.
 6                  (iii)    A Statewide office.
 7                  (iv)    A Statewide judgeship.
 8            (2)   $10,000 for the following:
 9                  (i)    The office of Representative in the United
10            States House of Representatives.
11                  (ii)    The office of delegate or alternate to a
12            national party convention.
13            (3)   $5,000 for the following:
14                  (i)    The office of Senator in the General Assembly.
15                  (ii)    The office of a member of a national or State
16            party committee.
17                  (iii)    A court of common pleas judgeship.
18                  (iv)    The office of magisterial district judge.
19                  (v)    A county or municipal office.
20            (4)   $3,000 for the office of Representative in the
21      General Assembly.
22      (b)   Disbursement.--The amount of the nomination petition
23   filing fee shall be disbursed as follows:
24            (1)   From the nomination petition filing fee under
25      subsection (a)(1):
26                  (i)    Each county shall receive $500.
27                  (ii)    The department shall retain $5,000.
28            (2)   From the nomination petition filing fee under
29      subsection (a)(2)(i), (3)(i), (iii), (iv) or (v) or (4), the
30      department shall retain $500 and the remaining money shall be

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 1      distributed to the county or counties served by the office by
 2      using the percentage of the population of registered voters
 3      of the county or counties in the voting district.
 4      (c)   Applicability.--A nomination petition filing fee shall
 5   not apply to a public office for which a filing fee is not
 6   applicable, as specified in section 913(b.2) of the act of June
 7   3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
 8   Code.
 9      (d)   Refunds.--A nomination petition filing fee paid by an
10   individual shall not be refunded if the individual ceases to be
11   a candidate for the office for which the nomination petition
12   filing fee was paid, because of withdrawal of candidacy or
13   otherwise.
14   Section 6.     Restrictions.
15      All money distributed to the department and counties from
16   nomination petition filing fees shall only be used for costs
17   associated with the filing of petitions or with the operations
18   and administration of primary elections.
19   Section 7.     Filing deadlines.
20      The following deadlines apply:
21            (1)   A nomination petition filing fee must be filed and
22      paid in full on or before the 10th Tuesday prior to the
23      primary election.
24            (2)   A nomination petition filing fee payment made to the
25      department must be received by the department no later than 5
26      p.m. on the last day for filing.
27            (3)   A nomination petition to be filed with a county
28      board must be received in the office of the county board no
29      later than the ordinary closing hour of the office on the
30      last day for filing.

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 1   Section 8.     Nomination petition filing fee receipt.
 2      (a)   Issuance.--The office in which a nomination petition
 3   filing fee is paid shall issue a nomination petition filing fee
 4   receipt, which contains, at a minimum:
 5            (1)   The date and time of filing.
 6            (2)   The amount paid.
 7            (3)   The name of the candidate.
 8            (4)   The office for which the individual is a candidate.
 9      (b)   Information and forms.--The following shall accompany
10   each nomination petition filing fee receipt but, if not
11   practicable, shall be sent by first class mail to the candidate
12   within three weeks after payment of the nomination petition
13   filing fee:
14            (1)   A statement composed by the secretary specifying the
15      duties under law to file pre-election and post-election
16      campaign finance reports and the penalties for nonfiling.
17            (2)   A form to file expenses if the amounts received or
18      expended or liabilities incurred exceed $250, with
19      instructions prepared by the secretary.
20            (3)   A form containing a sworn statement to be completed
21      if the amounts received or expended or liabilities incurred
22      do not exceed $250, with written instructions prepared by the
23      secretary.
24   Section 9.     Certification of candidates.
25      (a)   Certification of compliance.--Immediately after the last
26   day for candidates to withdraw from an election and after they
27   have cast lots for their position on the ballots or ballot
28   labels, the secretary shall certify to the county board the list
29   of candidates that have complied with section 3.
30      (b)   Other appropriate county boards.--Each county board

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 1   shall certify to any other appropriate county board a list of
 2   the names, addresses and occupations of the candidates that have
 3   complied with section 3 for each party, together with the order
 4   in which their names are to appear upon the primary ballots or
 5   ballot labels. Each other appropriate county board shall prepare
 6   the primary ballots or ballot labels to be used in the portion
 7   of the city, borough, incorporated town, township, ward or
 8   school district located in the county for which the other
 9   appropriate county board has jurisdiction.
10   Section 10.   Rules or guidance.
11      The department shall develop any rules or guidance necessary
12   to implement, administer or enforce the provisions of this act.
13   Section 11.   Effective date.
14      This act shall take effect in 60 days.




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