AN ACT

 

1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2"An act concerning elections, including general, municipal,
3special and primary elections, the nomination of candidates,
4primary and election expenses and election contests; creating
5and defining membership of county boards of elections;
6imposing duties upon the Secretary of the Commonwealth,
7courts, county boards of elections, county commissioners;
8imposing penalties for violation of the act, and codifying,
9revising and consolidating the laws relating thereto; and
10repealing certain acts and parts of acts relating to
11elections," further providing for qualifications of electors
12at primaries, for only enrolled electors to vote at primaries
13or hold party offices, for candidates to be nominated and
14party officers to be elected at primaries and for persons
15entitled to vote and challenges.

16The General Assembly of the Commonwealth of Pennsylvania
17hereby enacts as follows:

18Section 1. Sections 702 and 802 of the act of June 3, 1937 
19(P.L.1333, No.320), known as the Pennsylvania Election Code, are
20amended to read:

21Section 702. Qualifications of Electors at Primaries.--The
22qualifications of electors entitled to vote at primaries shall
23be the same as the qualifications of electors entitled to vote
24at elections within the election district where the primary is

1held, provided that no elector who is not registered [and
2enrolled as a member of a political party], in accordance with
3the provisions of this act, shall be permitted to vote the
4ballot of [such party or] any [other] party [ballot] at any
5primary.

6Section 802. Only Enrolled Electors to Vote at Primaries or
7Hold Party Offices.--No person who is not registered and
8enrolled as a member of a political party shall be entitled to
9[vote at any primary of such party or to] be elected or serve as
10a party officer, or a member or officer of any party committee,
11or delegate or alternate delegate to any party convention.

12Section 2. Section 902 of the act, amended May 23, 1949 
13(P.L.1656, No.504), is amended to read:

14Section 902. Candidates to Be Nominated and Party Officers
15to Be Elected at Primaries.--All candidates of political
16parties, as defined in section 801 of this act, for the offices
17of United States Senator, Representative in Congress and for all
18other elective public offices within this State, except that of
19presidential electors, shall be nominated, and party delegates
20and alternate delegates, committeemen and officers who, under
21the provisions of Article VIII of this act or under the party
22rules, are required to be elected by the party electors, shall
23be elected at primaries held in accordance with the provisions
24of this act, except as otherwise provided in this act. In the
25years when candidates for the office of President of the United
26States are to be nominated, every registered [and enrolled
27member of a political party] elector shall have the opportunity
28at the Spring primary in such years to vote [his] a preference
29for one person to be the candidate of [his] a political party
30for President.

1Section 3. Section 1210(d) of the act, amended October 8, 
22004 (P.L.807, No.97), is amended to read:

3Section 1210. Manner of Applying to Vote; Persons Entitled
4to Vote; Voter's Certificates; Entries to Be Made in District
5Register; Numbered Lists of Voters; Challenges.--* * *

6(d) No person, except a qualified elector who is in actual
7military or naval service under a requisition of the President
8of the United States or by the authority of this Commonwealth,
9and who votes under the provisions of Article XIII of this act,
10shall be entitled or permitted to vote at any primary or
11election at any polling place outside the election district in
12which [he] the person resides, nor shall [he] the person be
13permitted to vote in the election district in which [he] the 
14person resides, unless [he] the person has been personally
15registered as an elector and [his] the person's registration
16card appears in the district register of such election district,
17except by order of the court of common pleas as provided in this
18act, and any person, although personally registered as an
19elector, may be challenged by any qualified elector, election
20officer, overseer, or watcher at any primary or election as to
21[his] the person's identity, as to [his] the person's continued
22residence in the election district or as to any alleged
23violation of the provisions of section 1210 of this act, and if
24challenged as to identity or residence, [he] the person shall
25produce at least one qualified elector of the election district
26as a witness, who shall make affidavit of [his] the person's
27identity or continued residence in the election district:
28Provided, however, That no person shall be entitled to vote as a
29member of a party at any primary, unless [he] the person is:

30(1) registered and enrolled as a member of such party upon

1the district register, which enrollment shall be conclusive as
2to [his] party membership and shall not be subject to challenge
3on the day of the primary[.]; or

4(2) registered as an independent or nonparty voter upon the
5district register and requests to vote as a member of a party at
6the primary. The person shall sign and file the following
7affidavit of provisional registration with the election district
8no later than thirty days before the primary:

9I do solemnly swear or affirm that my name is , that
10my date of birth is , and at the time that I
11registered I resided at in
12the municipality of in County
13of the Commonwealth of Pennsylvania, and that in this primary
14election only I am filing provisional registration to vote as
15a member of the party in the year ,
16which shall not be subject to challenge on the day of the
17primary.

18Signature of Voter/Elector

19Current Address

20Section 4. This act shall take effect in 90 days.