Cross-Filing

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Cross-filing is a process permitted under Pennsylvania law that allows candidates for certain specific offices to seek the nomination of both the Democratic and Republican parties simultaneously in the primary election. This means a candidate can appear on both major party primary ballots.

Which Offices Can Cross-File?

In Pennsylvania, cross-filing is specifically allowed only for candidates running for:

• Judge of the Court of Common Pleas
• Magisterial District Judge
• School Board Director

These offices are often viewed as less partisan than legislative or executive positions, which is the rationale for allowing cross-filing.

How Does it Work for School Board Candidates?

1. Filing Separate Petitions: A candidate wishing to cross-file must circulate and file two separate nomination petitions – one for the Democratic nomination and one for the Republican nomination.
2. Signatures: Each petition must contain the required number of valid signatures (typically 10 for school board, but can vary in certain districts) from registered voters of that specific party residing within the school district (or relevant school district region, if applicable).
3. Circulation Rule (Crucial Distinction): 
   • A candidate can personally circulate the nomination petition only for the party they are registered with.
   • To obtain signatures for the other party's nomination petition, the candidate must have a petition circulator who is a registered voter of that other party. For example, a registered Republican candidate needs a registered Democrat to circulate their Democratic nomination petition, and vice versa.
   • This differs from candidates for judicial office, who are permitted to circulate both their Democratic and Republican petitions themselves, regardless of their own party registration. This requirement for school board candidates stems from Section 909 of the Pennsylvania Election Code (25 P.S. § 2869), which mandates circulators be members of the party named on the petition, but provides exceptions for judicial offices that do not explicitly include school board directors.

1. Required Documents: For each petition filed (both Democratic and Republican), the candidate must submit a complete package, which includes: 
   • The nomination petition sheet(s) with valid signatures and completed circulator affidavits.
   • A Candidate's Affidavit (notarized or with an unsworn declaration).
   • A copy of the candidate's Statement of Financial Interest for the preceding calendar year (filed under the Ethics Act, 65 Pa.C.S.A. § 1101 et seq.). Filing this with both petitions is critical; failure to do so can be a fatal defect.
   • Potentially other forms, like a Waiver of Expense Reporting Affidavit if the candidate doesn't expect to raise or spend over $250 in a reporting period (25 P.S. § 3246.1).

1. Filing Fees: Generally, there is no filing fee required specifically for School Board Director nomination petitions in Pennsylvania. (Fees are required for other offices like Magisterial District Judge).
2. Primary Election Outcome: Voters in the primary election vote within their registered party. 
   • If the cross-filed candidate wins the nomination of both the Democratic and Republican parties, their name appears on the general election ballot listed under both party labels.
   • If the candidate wins the nomination of only one party, their name appears on the general election ballot only under that party's label.

Relevant Law:

• The specific provision in the Pennsylvania Election Code that permits candidates for School Board Director (and judges) to cross-file is Section 910(f) of the Act of June 3, 1937 (P.L. 1333, No. 320), known as the Pennsylvania Election Code, codified at 25 P.S. § 2870(f). This section outlines the requirements for the candidate's affidavit and includes the clause allowing candidates for these specific offices to have their names printed on the primary ballot of a party other than the one they are registered with, provided they file the appropriate petitions.
• The requirements for petition circulation, including the rule that the circulator must generally be registered with the party designated on the petition (with exceptions noted above), are found in Section 909 of the Election Code (25 P.S. § 2869).
• Requirements regarding the Statement of Financial Interest fall under the Public Official and Employee Ethics Act (65 Pa.C.S.A. § 1101 et seq.).

In summary, cross-filing allows school board candidates to appeal to voters across party lines starting in the primary, but they must navigate specific rules regarding petition circulation and ensure all necessary paperwork, including duplicate financial statements, is filed correctly for both parties.