| General Information About Running for Public Office |
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DECIDING TO RUN FOR OFFICE
(Methods for Gaining Access to the Ballot and Qualification Requirements)
Deciding to Run for Office
A
prospective candidate for public office should determine if he or she
can afford the commitment of time, money and energy necessary to run for
public office. A prospective candidate must also make sure that he or she is qualified to hold the office being sought.
The Two Methods for Gaining Access to the November Ballot
There
are two methods by which a candidate may gain access to the November
ballot: 1) gaining access to a political party’s primary ballot and
winning that party’s nomination; and 2) gaining direct access to the
November ballot by means of nomination papers, which are filed by minor
political parties and political bodies.
What is a Political Party?
Statewide:
A statewide political party
is any party or political body, one of whose candidates at the general
election preceding the primary polled at least 2% of the largest entire
vote cast for any elected candidate in each of at least tn counties, and
polled a total statewide vote of at least 2% of the largest entire vote
cast in the State for any elected candidate.
Countywide:
A countywide political party
is any party or political body, one of whose candidates at either the
general or municipal election preceding the primary polled at least 5%
of the largest entire vote cast for any elected candidate in the county.
What is a Political Body?
A political body is any party or body that does not qualify as a political party, as defined in the preceding section.
Breakdown of Parties (Political Parties and Minor Political Parties)
Political Party: A
qualified political party whose statewide registration is equal to at
least 15% of the combined statewide registration for all statewide
political parties as of the close of registration for the most recent
November election.
Minor Political Party: A
qualified political party whose statewide registration is less than 15%
of the combined statewide registration for all statewide political
parties as of the close of registration for the most recent November
election.
Breakdown of State-level Public Offices
Candidates
are nominated and elected for the following state-level offices in the
General Election years (even-numbered years) appropriate to the office
they seek:
OFFICE ELECTION YEARS
President of the United States 2008, 2012, 2016, 2020
United State Senator 2010, 2012, 2016, 2018
Governor 2010, 2014, 2018, 2022
Lieutenant Governor 2010, 2014, 2018, 2022
Attorney General 2008, 2012, 2016, 2020
Auditor General 2008, 2012, 2016, 2020
State Treasurer 2008, 2012, 2016, 2020
Representative in Congress 2008, 2010, 2012, 2014
Senator in the General Assembly
(Even-numbered Districts) 2010, 2014, 2018, 2022
(Odd-numbered Districts) 2008, 2012, 2016, 2020
Representative in the General Assembly 2008, 2010, 2012, 2014
Candidates
are nominated and elected to the following state-level judicial offices
in Municipal Election years (odd-numbered years):
Justice of the Supreme Court
Judge of the Superior Court
Judge of the Commonwealth Court
Judge of a court of common pleas
Judge of the Philadelphia Municipal Court
Vacancies in judicial offices are ascertained prior to the start of the nomination petition circulation and filing period.
Qualifications a Candidate Must Meet to Hold a Public Office
The qualifications to hold public office vary depending on the office a candidate is seeking.
NOTE: For
information regarding the qualifications a candidate must meet to hold a
local public office, a prospective candidate should contact the
appropriate county board of elections. General information
about local elective office is also contained in the Department of
Community and Economic Development’s publication entitled Elective Office in Local Government. A copy of the publication can be viewed online at www.newpa.com.
Ineligibility by Criminal Convictions
Article
II, Section 7 of the Constitution of the Commonwealth of Pennsylvania
provides that any person convicted of embezzlement of public moneys,
bribery, perjury, or other infamous crime is ineligible to hold any
office of trust or profit in the Commonwealth.
What First-time Candidates Should Know
A
prospective candidate who has not run for public office previously
should pay close attention to the instructions provided with the various
forms necessary to gain ballot access. In addition, a
first-time candidate should become familiar with the Campaign Finance
Reporting Law, which is posted on the Department of State’s website at www.dos.state.pa.us/campaignfinance.
A
prospective candidate should also understand the commitment of time and
energy necessary to run a successful campaign for public office.
GETTING ON THE BALLOT…(What a Candidate Must File to Access the Ballot)
Filing Fees and Signature Requirements for Nomination Petitions
Signature requirements vary depending on the office for which the nomination petition is being circulated.
The Candidates Affidavit
Each
candidate must file with his or her nomination petition or nomination
paper an affidavit setting forth information about the candidate,
including the candidate’s residence, election district and the name of
the office the candidate is seeking.
The Statement of Financial Interests
The
Statement of Financial Interests is a form that must be filed with the
State Ethics Commission, which requires the filer to set forth
information regarding the filer’s sources of income. A
copy of the completed Statement of Financial Interests must also
accompany the nomination petition of a candidate for state, county or
local public office.
Nomination Petitions and Nomination Papers; Filing Deadlines
A nomination petition is filed by a candidate seeking access to a primary ballot. Nomination papers are filed by candidates of minor political parties and political bodies for the purpose of gaining access to the ballot in a November election. Nomination petitions must be circulated and filed between the 13th Tuesday and the 10th Tuesday preceding the primary.
Nomination papers must be circulated and filed between the 10th Wednesday preceding the primary and August 1st of each year.
The Nomination Petition
Each
page of a nomination petition contains three basic components: 1) the
Preamble; 2) the Signatures of Electors; and 3) the Affidavit of
Circulator.
The Preamble:
The preamble is the portion of the nomination petition page where information about the candidate is inserted. The
preamble includes the office for which the candidate seeks nomination,
the name of the candidate, the candidate’s occupation, the candidate’s
residence and the party affiliation of the signers.
Signatures of Electors:
Each person who signs a nomination petition must insert the following information about himself or herself: 1. Signature;2. Printed name;3. Address of residence, including street and number, if any; and4. The date on which he or she signed the nomination petition
The Affidavit of Circulator:
Each
nomination petition page must include the duly executed affidavit of
the person who circulated the nomination petition (the circulator). The
circulator of the nomination petition page must swear or affirm the
following:
- 1. That the circulator is a qualified elector of the Commonwealth or of the district, as the case may be.
- 2. That the circulator is a duly registered and enrolled member of the political party designated in the nomination petition;
- 3. That the circulator’s address of residence is as set forth in items 4 and 5 of the affidavit;
- 4. That the signers of the nomination petition page signed with the full knowledge of the contents of the nomination petition;
- 5. That the signers’ residences are correctly stated on the nomination petition page;
- 6. That each signer signed on the date that the signer inserted next to his or her signature, name and address of residence; and
- 7. That,
to the best of the circulator’s knowledge and belief the signers are
qualified electors, who are duly registered and enrolled in the
political party designated in the petitions and are residents in the
County set forth in item 1 of the affidavit.
The Nomination Paper
Each page of a nomination paper contains four basic components: 1) the Preamble; 2) Candidate Information; 3) the Signatures of Electors; and 4) the Affidavit of Qualified Elector. Each page of a nomination paper submitted by a political body must also contain a fifth component – the names and addresses of the political body’s Committee to Fill Vacancies. The Committee to Fill Vacancies must be composed of at least three and no more than five persons. The members of the committee are empowered to fill a vacancy in the nomination should one occur for any reason.
The Preamble:
The
Preamble in a nomination paper page contains the name of the minor
political party or political body and the county of signers.
Candidate Information:
This
portion of the nomination paper page contains the names, addresses and
occupations of the candidates being nominated in the nomination paper. A
single nomination paper page can contain the names of more than once
candidate, provided that the signers of the nomination paper page are
qualified to vote for all of the candidates named in the nomination
paper page. For example, a nomination paper page could
contain the name of a candidate for United States Senator, Governor, Lt.
Governor, Representative in Congress and Representative in the General
Assembly, so long as the signers of the nomination paper page are
qualified to vote for each of the candidates named.
Signatures of Electors:
Each person who signs a nomination paper must insert the following information about himself or herself:
1. Signature;
2. Printed name;
3. Address of residence, including street and number, if any; and
4. The date on which he or she signed the nomination petition
Affidavit of Qualified Elector:
Each
nomination paper page must include the duly executed affidavid of a
qualified elector, who circulated the nomination paper (the qualified
elector). The qualified elector must swear or affirm the following:
1. That he or she is a qualified elector of the Commonwealth;
2. That the qualified elector’s address of residence is as set forth in items 4 and 5 of the affidavit;
3. That the signers of the nomination paper page signed with full knowledge of the contents of the nomination paper;
4. That the signer’s residences are correctly stated on the nomination paper page;
5. That the signers all reside in the county specified in item 1 of the affidavit:
6. That each signer signed on the date that the signer inserted next to his or her signature, name and address of residence; and
7. That
to the best of the qualified elector’s knowledge and belief the signers
are qualified electors of the electoral districts designated in the
nomination paper page.
Filing Fees and Signature Requirements for Nomination Papers
The
filing fees for minor political party and political body candidates who
file nomination papers are the same as those for candidates who file
nomination petitions.
Candidates
filing nomination papers (minor political party and political body
candidates) must obtain signatures from qualified registered electors of
the district in an amount equal to at least 2% of the largest entire
vote cast for an elected candidate at the last election within the
district. The number of signatures required may not be
less than the number of signatures required for party candidates for the
same office.
For
example, a candidate for statewide office must obtain signatures equal
to 2% of the largest vote cast for an elected candidate at the last
statewide election, while a candidate for a countywide office must
obtain signatures equal to 2% of the largest vote cast for an elected
candidate at the last countywide election.
NOTE: Specific
signature requirements for nomination papers will be provided at the
time a candidate receives an official packet of nomination paper forms
and instructions.
Challenges to Nomination Petitions and Nomination Papers
Typically,
an individual can challenge the validity of a nomination petition or
nomination paper within seven days of the filing deadline for nomination
petitions or nomination papers.
Most challenges focus on the validity of individual signatures on a nomination petition or nomination paper. Typically,
signatures are challenged on the basis that the signer was not
qualified to sign the candidate’s nomination petition or nomination
paper, or the information provided by the signer is illegible. On
some occasions, the validity of a signature is challenged on the basis
that the signer’s handwriting or signature does not match that contained
in the signer’s registration record. Most other
challenges are based on the accuracy of the information provided by the
candidate on the Candidate’s Affidavit or Statement of Financial
Interests.
Casting Lots to Determine Ballot Position for the Primary
After
the last day for filing nomination petition, the Secretary of the
Commonwealth must fix a day for the casting of lots for the purpose of
determining the position of names on the primary ballots. The casting of lots is traditionally conducted at the Bureau of Elections.
Each candidate is given the opportunity to draw a number to determine his or her position on the primary ballot. The candidate who draws the lower number receives the higher position on the primary ballot.
If
a candidate will no be present at the ballot position lottery, the
candidate may authorize a proxy to draw the candidate’s lot(s) on his or
her behalf. A neutral observer will draw the candidate’s lot if neither the candidate nor the candidate’s duly authorized proxy is present.
The Candidate List
After
the last day for candidates who have filed nomination petitions to
withdraw and after the candidates have cast lots for position on the
primary ballot, the Secretary of the Commonwealth must forward a list of
statewide candidates of each party to the various county boards of
elections.
A
candidate of a minor political party or political body will have his or
her name placed on the November ballot upon acceptance of his or her
nomination paper by the Department of State or the County Board of
Elections, as the case may be, unless the nomination paper is judicially
set aside as a result of a successful challenge to the candidate’s
nomination paper.
Ballot Access for Candidates Seeking a Party Office
In
addition to selecting nominees for public offices, registered and
enrolled members of political parties elect their respective party
officers at primaries, in accordance with party rules.
Candidates
for State-level party offices (Delegate to the National Convention,
Alternate Delegate to the National Convention, and Member of State
Committee) must also file nomination petitions in the office of the
Secretary of the Commonwealth in order to gain ballot access.
Delegate and Alternate Delegate to the National Convention:
Both
the Democratic Party and the Republican Party currently apportion
delegates and alternate delegates to their respective conventions by
Congressional District.
Depending
upon the rules of a political party, candidates for the offices of
Delegate and Alternate Delegate to the National Convention may be
required to commit themselves to support a particular candidate seeking
the party’s nomination for the office of President of the United States.
The
respective presidential candidates to whom they are committed must
authorize committed delegate candidates and committed alternate delegate
candidates. Committed delegate candidates and committed
alternate delegate candidates must also complete the Delegate or
Alternate Delegate Statement appearing on the front of the Committed
Delegate nomination petition form.
Note: In
the most recent presidential election, the Democratic Party rules
provided for committed delegates and committed alternate delegates.
If
the rules of a political party do not require delegate and alternate
delegate candidates to commit themselves to a particular candidate for
the office of President of the United States, the authorization and
Delegate Statement are not required.
NOTE: In the most recent presidential election, the Republican Party rules did not provide for committed delegates.
Member of State Committee:
The
rules of both the Democratic Party and the Republican Party currently
provide for the apportionment of State Committee members by county, and
in some counties, by district.
State Committee members are typically elected in General Election years (even-numbered years). The
Democratic Party rules currently provide for the election of State
Committee members in those years when candidates for the office of
Governor are to be nominated. The Republican Party rules currently provide for the election of State Committee members in each General Election year.
Additional Requirements of Candidates for President of the United States
Candidates
for the office of President of the United States access the ballot in
the same manner as candidates for other public offices – through
nomination petitions or nomination papers.
In
addition to filing nomination petitions or nomination papers,
candidates for the office of President of the United States may be
required to submit additional documentation.
If
the rules of a political party require delegates and alternate
delegates to the National Convention to commit themselves to a
particular candidate for the office of President of the United States, a
candidate seeking that party’s nomination for the office of President
may be required to submit to the Secretary of the Commonwealth a
Declaration of Candidacy and a Certification of Authorized Committed
Delegates. Such a candidate must also either sign the
nomination petitions submitted by delegates or alternate delegates
committed to their candidacy or submit a certified list of such
authorized delegates and alternate delegates.
Note: Nomination
petition forms for committed delegates and alternate delegates may only
be obtained from the candidate to whom the delegates and alternate
delegates are committed or from the candidate’s duly authorized
representative.
If
a candidate for President of the United States receives his or her
party’s nomination at the National Convention, the candidate must
certify to the Secretary of the Commonwealth within 30 days of being
nominated, the names, residences and post office addresses of the
party’s nominees for the office of Presidential Elector. The
nominee for the office of President of the United States fills any
vacancies in the office of Presidential Elector in the same manner as
the original nominations were made.
Candidates
of minor political parties and political bodies for the office of
President of the United States must be nominated by nomination papers
filed on their behalf in the office of the Secretary of the
Commonwealth. Each page of the nomination papers must
contain the names and addresses of the minor party’s or political body’s
nominees for the office of Presidential Elector.
CAMPAIGN FINANCE REPORTING
Who Must File Campaign Finance Reports/Statements?
Campaign
finance reports/statements must be filed by candidates for public
office setting forth information regarding contributions received and
expenditures made for the purpose of influencing the outcome of an
election. A candidate may also authorize a committee to accept contributions and make expenditures on the candidate’s behalf. The committee must have a chairperson and a treasurer, who may not be the same person. Each
candidate and each authorized political committee must file reports of
receipts and expenditures, if the amount received or expended or
liabilities incurred exceeds $250. Otherwise, the candidate or the treasurer of the authorized political committee may file the statement in lieu of the reports. Candidates
are required to file a campaign finance report/statement that is
separate from the report/statement filed by their authorized political
committee.
Information
regarding campaign finance reporting, including a copy of the Campaign
Finance Reporting Law, reporting forms and reporting deadlines is
available on the Department of State’s website at www.dos.state.pa.us/campaignfinance.
Where are Campaign Finance Reports Filed?
Campaign
finance reports/statements for candidates and their authorized
committees must be filed in the office where the candidate must file his
or her nomination petition, nomination paper or nomination certificate.
Important Notice: All
candidates and their authorized committees, who must file campaign
finance reports/statements with the Department of State, must also file
copies of their campaign finance reports/statements with the county in
which the candidate resides.
Candidates seeking federal office do not have to file campaign finance reports/statement with the Department of State. These candidates must file their reports/statements with the Federal Election Commission. For
more information regarding campaign finance reporting by candidates for
federal office, you can log onto the Federal Election Commission’s
(FEC) website at www.fec.gov, or contact the FEC’s information office toll free at 1-800-424-9530.
Organizing a Campaign Committee
What officers should a candidate include on a campaign committee? What do they do?
A political committee must have a chairperson and a treasurer, who may not be the same person. No contributions can be received and no expenditures can be made when there is a vacancy in either of these two offices.
The treasurer of a committee is responsible for receiving and disbursing funds on behalf of the candidate(s). The
treasurer of a committee may delegate authority, in writing, to
assistant treasurers to receive and disburse funds collected on behalf
of the candidate(s). The treasurer of a committee is responsible for filing campaign finance reports/statements and keeping records.
The chairperson of a committee is primarily responsible for managing the day-to-day activities of the committee.
Campaign Committee Finances The legalities of finances and contributions (Definition, acceptance of and prohibited contributions)
A
“contribution” is defined as any payment, gift, subscription,
assessment, contract, payment for services, dues, loan, forbearance,
advance or deposit of money or any valuable think, to a candidate or
political committee for the purpose of influencing an election or for
paying debts incurred by or for a candidate or committee.
It
is unlawful for a bank, corporation or unincorporated association,
except those corporations formed primarily for political purposes or as a
political committee, to make a contribution or expenditure to or for a
candidate or for any political purpose, except in connection with a
question to be voted on by the electors of the Commonwealth. It is also unlawful for any candidate or committee to knowingly accept or receive such a contribution.
ELECTION DAY
Electioneering
No person, including a candidate, may electioneer or solicit votes when inside a polling place. All
persons, except those persons authorized or be inside the polling place
(election officers, clerks, machine inspectors, overseers, watchers,
persons in the course of voting, persons lawfully giving assistance to
voters, and peace and police officers), must remain at least ten (10)
feet from the polling place during the progress of voting.
Watchers
Each
candidate may appoint two watchers for each election district (polling
place) in which the candidate’s name appears on the ballot. However, only one watcher for each candidate may be present in the polling place at any one time.
Candidates
interested in appointing watchers should contact the appropriate county
board of elections for information about submitting the names of
watchers and obtaining certificates for those watchers.
Qualifications of watchers:
Each
watcher appointed to serve in an election district must be a registered
voter of the county in which the election district is located.
In
order to serve as a watcher, a person must receive from the appropriate
county board of elections a Watcher’s Certificate, which the watcher
must present when requested to do so.
Rights of Watchers:
When
a watcher is not serving in the election district for which the watcher
was appointed, the watcher may serve in any other election district in
the county in which the watcher is registered to vote.
Watchers
may be present in the polling place from the time the election officers
meet prior to the opening of the polls until the time that voting is
complete and the district register and voting check list is locked and
sealed, provided that they remain outside the “enclosed space” (the area
in which the voting compartments are located).
A
watcher is permitted to keep a list of voters and is entitled to
challenge the qualifications of a voter in the manner provided by Law. Watchers should take care to issue challenges in good faith. The Pennsylvania Election Code does not authorize wholesale or frivolous challenges, which are intended to intimidate voters
. AFTER THE PRIMARY OR ELECTION
Unofficial Election Night Returns
Unofficial
election returns received on Election Night from the various county
boards of elections are available on the county’s website on the night
of any primary or election. A candidate also has the
option of placing watchers in the various precincts within the
candidate’s district to collect returns immediately after the close of
polls.
Computation and Canvass of Election Returns
The
various county boards of elections begin the official computation and
canvass of election returns at 9:00 AM on the third day following each
primary and election.
Each
candidate is entitled to be present in person or by attorney in fact at
any proceeding before the county board of elections when matters
affecting the candidate are being heard, including any computation or
canvass of returns affecting the candidate.
The
candidate or the candidate’s attorney is entitled to examine ballots,
subject to reasonable safeguards, and to raise objections regarding such
ballots. All questions regarding the counting of ballots
will be decided by the county board of elections, subject to appeal
filed with the appropriate court of common pleas.
NOTE: Appeals
from decisions of a county board of elections regarding the computation
or canvassing of returns must be made within two (2) days after the
board’s decision is made.
Post-election Campaign Finance Reporting Obligations
Please note that candidates must file both pre-election and post-election campaign finance reports. A
candidate is not deemed to be elected to a public office until the
candidate or the candidate’s authorized committee(s) has filed all of
the reports and statements of contributions and expenditures required to
be filed, which are due before the candidate may take office.
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