Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 764 (2026)

Election contests and other matters.

✓ current as of May 2026

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§ 764. Election contests and other matters.

The Commonwealth Court shall have exclusive original jurisdiction of:

(1) Contested nominations and elections of the second class under the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code."

(2) All matters arising in the Office of the Secretary of the Commonwealth relating to Statewide office, except nomination and election contests within the jurisdiction of another tribunal.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

1978 Amendment. Act 53 added section 764.

Notes of Decisions

Cited in 17 cases (2 in the last 5 years), 1982–2023 · leading case: In Re Nomination Petition of Carroll, 896 A.2d 566 (Pa. 2006).

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In Re Nomination Petition of Carroll, 896 A.2d 566 (Pa. 2006). · cites it 2× “42 Pa.C.S. § 764(2). This Court's direct appeal jurisdiction over Carroll's appeal is pursuant to Section 723(a) of the Code.”

In Re Benninghoff, 852 A.2d 1182 (Pa. 2004). · cites it 2× “[2] We entered a per curiam Order, with Opinion to follow, dated April 7, 2004, reversing the Commonwealth Court's Order dated March 23, 2004.”

In Re Nomination Paper of Nader, 905 A.2d 450 (Pa. 2006). · cites it 2× “Pursuant to 42 Pa.C.S. § 764 *459 (Election contests and other matters), the Commonwealth Court has original exclusive jurisdiction of matters relating to statewide office, including the instant dispute challenging the qualification of Appellants to appear on the Pennsylvania…”

In Re Jones, 476 A.2d 1287 (Pa. 1984). · cites it 2× “Objections to Roxanne Jones's candidacy for State Senator from the Third Senatorial District, precisely set forth in terms of Section 977 of our Election Code, were properly before the Court in this matter entrusted to its original *72 jurisdiction by the General Assembly.”

In re Nomination Petition of Guzzardi, 99 A.3d 381 (Pa. 2014). “§ 2937; 42 Pa.C.S. § 764. Among other challenges, they invoked the statutory fatal-defect rule which, by its plain terms, required Mr.”

In Re Nomination Petition of Farnese, 17 A.3d 375 (Pa. 2011). · cites it 2× “[1] This case, which involved election for a state office, is before the Court on direct appeal from a single-judge order of the Commonwealth Court.”

Stein v. Cortés, 223 F. Supp. 3d 423 (E.D. Pa. 2016). “§§ 3291, 3351, 3456; 42 Pa. C.S. § 764. To initiate an election contest, one hundred or more voters must file a petition in the Pennsylvania Commonwealth Court within twenty days after Election Day and supplement that petition with at least five affidavits that the “election was…”

In Re the Nomination Petition of Benninghoff, 847 A.2d 144 (Pa. Commw. Ct. 2004). · cites it 8× “" Cases involving state representatives that arise under the Election Code do implicate our jurisdiction under 42 Pa.C.S. § 764. In re Vidmer, 65 Pa.Cmwlth.”

In re Nomination Petition of Vidmer, 442 A.2d 1203 (Pa. Commw. Ct. 1982). “By virtue of Section 764(2) of the Judicial Code, 42 Pa. C. S. §764(2) this Court was vested with exclusive jurisdiction of all matters arising in the Office of the Secretary of the Commonwealth “relating to Statewide office.”

In Re Nomination Petitions of Duncan, 516 A.2d 776 (Pa. Commw. Ct. 1982). “*103 Finally, as to the remaining preliminary objection, we hold that this court does have jurisdiction over contested nominations with respect to elections to Congress, because 42 Pa. C. S. §764(2) gives this court jurisdiction over election contests arising from the Office of…”

Stuski v. Lauer, 697 A.2d 235 (Pa. 1997). “The Commonwealth Court had exclusive original jurisdiction over the Petition to Set Aside pursuant to 42 Pa.C.S. § 764. 3 . Section 909 of the Election Code requires the circulator of each sheet of the nomination petition to sign an affidavit setting forth: (a) that he or she is…”

Otter v. Cortes, 969 A.2d 1276 (Pa. Commw. Ct. 2009). “42 Pa.C.S. § 764 provides that the Commonwealth Court shall have exclusive original jurisdiction over: (1) Contested nominations and elections of the second class under the act of June 3, 1937 (P.”

Show all 17 citing cases →

— 42 Pa. Cons. Stat. § 764(1) — 2 cases

In Re: Nom. Pets. of Major, R. (Pa. 2021).

In Re: Nom. Pet Michael Doyle Obj. of: Sloss (Pa. 2023).

— 42 Pa. Cons. Stat. § 764(2) — 7 cases

In Re Nomination Petition of Carroll, 896 A.2d 566 (Pa. 2006). “42 Pa.C.S. § 764(2). This Court's direct appeal jurisdiction over Carroll's appeal is pursuant to Section 723(a) of the Code.”

In Re Benninghoff, 852 A.2d 1182 (Pa. 2004). “[2] We entered a per curiam Order, with Opinion to follow, dated April 7, 2004, reversing the Commonwealth Court's Order dated March 23, 2004.”

In Re Jones, 476 A.2d 1287 (Pa. 1984). “Objections to Roxanne Jones's candidacy for State Senator from the Third Senatorial District, precisely set forth in terms of Section 977 of our Election Code, were properly before the Court in this matter entrusted to its original *72 jurisdiction by the General Assembly.”

In Re the Nomination Petition of Benninghoff, 847 A.2d 144 (Pa. Commw. Ct. 2004). “" Cases involving state representatives that arise under the Election Code do implicate our jurisdiction under 42 Pa.C.S. § 764. In re Vidmer, 65 Pa.Cmwlth.”

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