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 Providing for ballot access; and imposing duties on the Department of State. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Short title. This act shall be known and may be cited as the Ballot Access Improvement Act. Section 2. Definitions. The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "County." A county of this Commonwealth. "County board." A county board of elections in a county. "Department." The Department of State of the Commonwealth. "General election." The election that the Constitution of Pennsylvania requires to be held in even-numbered years. "Municipal election." The election that the Constitution of Pennsylvania requires to be held in odd-numbered years. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 "Nomination petition." As described under Article IX of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code. "Nomination petition filing fee." A filing fee established under section 5(a) that may be paid in lieu of filing a nomination petition to appear on a ballot. "Nomination petition filing fee receipt." A paper or electronic receipt that provides proof of a successful transfer of money to satisfy the payment of a nomination petition filing fee. "Primary election." An election held for the purpose of electing party officers and nominating candidates for public offices to be voted for at a general election or municipal election. "Secretary." The Secretary of the Commonwealth. "Voting district." A geographic area within this Commonwealth that hosts an election of public officials that serve at the pleasure of the electorate within the geographic area. Section 3. Ballot access. (a) Requirement.--A candidate for any of the offices or judgeships specified under subsection (b) who meets the requirements to be eligible to be placed on the ballot for the general election must do one of the following: (1) Submit to the department or, as applicable, the appropriate county board a nomination petition and corresponding filing fees in accordance with section 913 of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code. (2) Make a payment in full of a nomination petition 20250HB0115PN0093 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 filing fee to the department or, as applicable, the appropriate county board. (b) Applicability.--Subsection (a) applies to a candidate seeking any of the following: (1) The office of President of the United States. (2) The office of delegate or alternate to a national party convention. (3) The office of a member of a national or State party committee. (4) The office of Senator in the United States Senate. (5) The office of Representative in the United States House of Representatives. (6) A Statewide office. (7) The office of Senator in the General Assembly. (8) The office of Representative in the General Assembly. (9) A Statewide judgeship. (10) A court of common pleas judgeship. (11) The office of magisterial district judge. (12) A county or municipal office. Section 4. Municipal filing jurisdiction. A candidate for an elective office of a city, borough, incorporated town, township, ward or school district which is located in two or more counties shall be required to file the nomination petition or nomination petition filing fee with the county board of the county in which the majority or a plurality of the number of the registered electors of the city, borough, incorporated town, township, ward or school district reside. Section 5. Nomination petition filing fee. (a) Amounts.--The amount of the nomination petition filing 20250HB0115PN0093 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 fee shall be as follows: (1) $38,500 for the following: (i) The office of President of the United States. (ii) The office of Senator in the United States Senate. (iii) A Statewide office. (iv) A Statewide judgeship. (2) $10,000 for the following: (i) The office of Representative in the United States House of Representatives. (ii) The office of delegate or alternate to a national party convention. (3) $5,000 for the following: (i) The office of Senator in the General Assembly. (ii) The office of a member of a national or State party committee. (iii) A court of common pleas judgeship. (iv) The office of magisterial district judge. (v) A county or municipal office. (4) $3,000 for the office of Representative in the General Assembly. (b) Disbursement.--The amount of the nomination petition filing fee shall be disbursed as follows: (1) From the nomination petition filing fee under subsection (a)(1): (i) Each county shall receive $500. (ii) The department shall retain $5,000. (2) From the nomination petition filing fee under subsection (a)(2)(i), (3)(i), (iii), (iv) or (v) or (4), the department shall retain $500 and the remaining money shall be 20250HB0115PN0093 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 distributed to the county or counties served by the office by using the percentage of the population of registered voters of the county or counties in the voting district. (c) Applicability.--A nomination petition filing fee shall not apply to a public office for which a filing fee is not applicable, as specified in section 913(b.2) of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code. (d) Refunds.--A nomination petition filing fee paid by an individual shall not be refunded if the individual ceases to be a candidate for the office for which the nomination petition filing fee was paid, because of withdrawal of candidacy or otherwise. Section 6. Restrictions. All money distributed to the department and counties from nomination petition filing fees shall only be used for costs associated with the filing of petitions or with the operations and administration of primary elections. Section 7. Filing deadlines. The following deadlines apply: (1) A nomination petition filing fee must be filed and paid in full on or before the 10th Tuesday prior to the primary election. (2) A nomination petition filing fee payment made to the department must be received by the department no later than 5 p.m. on the last day for filing. (3) A nomination petition to be filed with a county board must be received in the office of the county board no later than the ordinary closing hour of the office on the last day for filing. 20250HB0115PN0093 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 8. Nomination petition filing fee receipt. (a) Issuance.--The office in which a nomination petition filing fee is paid shall issue a nomination petition filing fee receipt, which contains, at a minimum: (1) The date and time of filing. (2) The amount paid. (3) The name of the candidate. (4) The office for which the individual is a candidate. (b) Information and forms.--The following shall accompany each nomination petition filing fee receipt but, if not practicable, shall be sent by first class mail to the candidate within three weeks after payment of the nomination petition filing fee: (1) A statement composed by the secretary specifying the duties under law to file pre-election and post-election campaign finance reports and the penalties for nonfiling. (2) A form to file expenses if the amounts received or expended or liabilities incurred exceed $250, with instructions prepared by the secretary. (3) A form containing a sworn statement to be completed if the amounts received or expended or liabilities incurred do not exceed $250, with written instructions prepared by the secretary. Section 9. Certification of candidates. (a) Certification of compliance.--Immediately after the last day for candidates to withdraw from an election and after they have cast lots for their position on the ballots or ballot labels, the secretary shall certify to the county board the list of candidates that have complied with section 3. (b) Other appropriate county boards.--Each county board 20250HB0115PN0093 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 shall certify to any other appropriate county board a list of the names, addresses and occupations of the candidates that have complied with section 3 for each party, together with the order in which their names are to appear upon the primary ballots or ballot labels. Each other appropriate county board shall prepare the primary ballots or ballot labels to be used in the portion of the city, borough, incorporated town, township, ward or school district located in the county for which the other appropriate county board has jurisdiction. Section 10. Rules or guidance. The department shall develop any rules or guidance necessary to implement, administer or enforce the provisions of this act. Section 11. Effective date. This act shall take effect in 60 days. 20250HB0115PN0093 - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14