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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BOSCOLA, COSTA, WILLIAMS, TARTAGLIONE, KASUNIC, WAUGH, DINNIMAN, FONTANA, EARLL, WOZNIAK, EICHELBERGER, SOLOBAY, BREWSTER, FARNESE, FERLO, STACK AND LEACH, FEBRUARY 25, 2011 |
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| REFERRED TO STATE GOVERNMENT, FEBRUARY 25, 2011 |
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| AN ACT |
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1 | Amending the act of June 3, 1937 (P.L.1333, No.320), entitled |
2 | "An act concerning elections, including general, municipal, |
3 | special and primary elections, the nomination of candidates, |
4 | primary and election expenses and election contests; creating |
5 | and defining membership of county boards of elections; |
6 | imposing duties upon the Secretary of the Commonwealth, |
7 | courts, county boards of elections, county commissioners; |
8 | imposing penalties for violation of the act, and codifying, |
9 | revising and consolidating the laws relating thereto; and |
10 | repealing certain acts and parts of acts relating to |
11 | elections," further providing for special elections for |
12 | Senator and Representative in the General Assembly. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Section 628 of the act of June 3, 1937 (P.L.1333, |
16 | No.320), known as the Pennsylvania Election Code, amended |
17 | February 13, 1998 (P.L.72, No.18), is amended to read: |
18 | Section 628. Special Elections for Senator and |
19 | Representative in the General Assembly.--Whenever a vacancy |
20 | shall occur in either house of the General Assembly whether or |
21 | not it then be in session, the presiding officer of such house |
22 | shall, within ten (10) days after the happening of the vacancy, |
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1 | issue a writ of election to the proper county board or boards of |
2 | election and to the Secretary of the Commonwealth, for a special |
3 | election to fill said vacancy, which election shall be held at |
4 | the next ensuing primary, municipal or general election |
5 | scheduled at least sixty (60) days after the issuance of the |
6 | writ [or such other earlier date which is at least sixty (60) |
7 | days following the issuance of the writ as the presiding officer |
8 | may deem appropriate: Provided, however, That should the |
9 | Governor after the issuance of the said writ of election advise |
10 | the presiding officer that the General Assembly will be called |
11 | into extraordinary session prior to the date set for such |
12 | special election, the presiding officer may countermand the writ |
13 | theretofore issued and shall issue a new writ of election, |
14 | fixing therein such earlier date therefor as is deemed |
15 | expedient, but which shall not be less than sixty (60) days |
16 | after the issuance of said writ: Provided further,]: Provided, |
17 | however, That if the vacancy shall occur less than seven (7) |
18 | months prior to the expiration of the term, a special election |
19 | shall be held only if in the opinion of the presiding officer |
20 | the election is in the public interest. |
21 | Section 2. This act shall take effect in 60 days. |
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