§ 978.1Vacancy in Party Nomination by Failure to Pay Filing Fee or for Failure to File Loyalty Oath

Every
person nominated at any primary election as the candidate of
any political party for any office, other than a borough, town,
township, school district or poor district office, or the office
of justice of the peace, or constable, who has not paid the
filing fee required by section nine hundred thirteen of this
act, as amended, for the filing of a nomination petition for
such office, or who has not filed the loyalty oath required by
section 14, act of December 22, 1951 (P.L.1726), known as the
"Pennsylvania Loyalty Act," as last amended June 19, 1961
(P.L.446), shall pay the amount of such fee to and file such
oath with the Secretary of the Commonwealth, or the county board
of elections, as the case may be, at least eighty-five (85)
days previous to the day of the general or municipal election
at which such candidate's name would appear on the ballot.
Failure to pay such fee or file such oath within the time herein
prescribed shall result in a vacancy in such party nomination.
Such vacancy shall be filled in the manner hereinafter provided
for the filling of such vacancies happening by reason of the
death or withdrawal of any candidate.
   (978.1 amended Aug. 13, 1963, P.L.707, No.379 and repealed
in part Apr. 28, 1978, P.L.202, No.53)
  Compiler's Note: Section 28 of Act 207 of 2004 provided
      that any and all references in any other law to a
      "district justice" or "justice of the peace" shall be
      deemed to be references to a magisterial district judge.