Pennsylvania Statutes Title 25 P.S. Elections & Electoral Districts § 2938.1. Vacancy 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,  1 or constable, who has not paid the filing fee required by section nine hundred thirteen of this act, as amended,  2 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),  3 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.