Tuesday, February 25, 2014

Nomination Petitions - Circulator Residency
Based on advice received by the Attorney General, the Secretary has agreed to no longer enforce the part of section 909 of the Election Code that requires the circulator of a nomination petition to be a resident of the political district identified on the front of the nomination petition.  25 P.S. § 2869.  A copy of the Attorney General’s letter is availibe. 
It is important that all candidates understand that even though the Secretary of the Commonwealth has changed the form of the circulator’s affidavit and instructions to indicate that a circulator need not reside in the political district specified in the nomination petition, it remains possible that individual qualified electors may file objections to nomination petitions in court on the basis that a circulator does not reside in the district as required by section 909 of the Election Code.  
In the event that objections to a nomination petition were filed by a qualified elector, the court would determine on its own authority whether to enforce the residency requirement imposed by section 909.
 
PLEASE NOTE:
• This change does not affect the requirement that a circulator of a nomination petition must be a qualified registered elector of the Commonwealth and enrolled through their registration as a member of the party referred to in the nomination petition.
• This change does not affect the residency requirement for signers of a nomination petition.  Individuals who sign a nomination petition for a district office must still be residents of the political district.


Modified Date: 02/10/2014 08:42 AM

No comments:

Post a Comment