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
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