PRINTER'S NO. 3517
No. 2532 Session of 2000
INTRODUCED BY BOYES, MAY 9, 2000
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 9, 2000
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," providing for open primary elections by
12 permitting registered independent electors to vote for the
13 party of their choice.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Sections 702 and 802 of the act of June 3, 1937
17 (P.L.1333, No.320), known as the Pennsylvania Election Code, are
18 amended to read:
19 Section 702. Qualifications of Electors at Primaries.--The
20 qualifications of electors entitled to vote at primaries shall
21 be the same as the qualifications of electors entitled to vote
22 at elections within the election district where the primary is
23 held, [provided that no elector who is not registered and
1 enrolled as a member of a political party, in accordance with
2 the provisions of this act, shall be permitted to vote the
3 ballot of such party or any other party ballot at any primary.]
4 and any elector entitled to vote in an election shall be
5 entitled to vote only in the primary of the party in which he is
6 enrolled. If the elector is not enrolled with a political party,
7 the elector may vote in the primary election for the party of
8 his choice, which choice shall be made at the time and place of
9 the primary election.
10 Section 802. Only Enrolled Electors to [Vote at Primaries
11 or] Hold Party Offices.--No person who is not registered and
12 enrolled as a member of a political party shall be entitled to
13 vote [at any primary of such party] for or to be elected or
14 serve as a party officer, or a member or officer of any party
15 committee, or delegate or alternate delegate to any party
16 convention.
17 Section 2. Section 922 of the act, amended May 6, 1943
18 (P.L.196, No.100), is amended to read:
19 Section 922. Which Candidates Nominated.--Candidates of the
20 various political parties for nomination, except for the office
21 of President of the United States, who receive a plurality of
22 votes of their [party] electors in the State, or in the
23 political district, as the case may be, at the primary election,
24 together with the candidates for the office of presidential
25 elector nominated as herein provided, shall be candidates of
26 their respective parties, and it shall be the duty of the proper
27 county boards to print their names upon the official ballots and
28 ballot labels at the succeeding election: Provided, That when a
29 candidate for nomination shall have died before or on the day of
30 the primary election and shall nevertheless receive a plurality
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1 of votes of his party electors cast for the office for which he
2 sought nomination, then no candidate shall have been nominated
3 for the office at such primary and a substituted nomination may
4 be made in the manner hereinafter provided.
5 Section 3. Section 1002 of the act is amended by adding a
6 subsection to read:
7 Section 1002. Form of Official Primary Ballot.--* * *
8 (e) At primaries, separate official ballots shall be
9 prepared for unaffiliated voters who choose to vote in either
10 the Democratic or Republican primary. The ballots shall be in
11 substantially the following form:
12 Official.................................. Primary Ballot.
13 Unaffiliated Voter
14 (Name of Party)
15 ........District,........Ward, City of.......................,
16 County of............................, State of Pennsylvania
17 ........Primary election held on the.....day of........., 19...
18 Make a cross (X) or check ( ) in the square to the right of
19 each candidate for whom you wish to vote. If you desire to vote
20 for a person whose name is not on the ballot, write, print or
21 paste his name in the blank space provided for that purpose.
22 Mark ballot only in black lead pencil, indelible pencil or blue,
23 black or blue-black ink in fountain pen or ball point pen. Use
24 the same pencil or pen for all markings you place on the ballot.
25 President of the United States.
26 (Vote for one)
27 John Doe
28 Richard Roe
29 John Stiles
30 United States Senator.
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1 (Vote for one)
2 John Doe
3 Richard Roe
4 John Stiles
5 Governor.
6 (Vote for one)
7 John Doe
8 Richard Roe
9 John Stiles
10 Representative in Congress....District.
11 John Doe
12 Richard Roe
13 John Stiles
14 Senator in the General Assembly.....District.
15 John Doe
16 Richard Roe
17 John Stiles
18 Section 4. Section 1007 of the act, amended February 13,
19 1998 (P.L.72, No.18), is amended to read:
20 Section 1007. Number of Ballots to Be Printed; Specimen
21 Ballots.--The county board of each county shall provide for each
22 election district in which a primary is to be held, one book of
23 fifty official ballots of each party for every forty-five
24 registered and enrolled electors of such party and fraction
25 thereof, and one book of fifty official ballots of each party
26 for forty-five registered and enrolled unaffiliated voters and
27 fraction thereof, appearing upon the district register, and
28 shall provide for each election district in which an election is
29 to be held one book of fifty official ballots for every forty-
30 five registered electors and fraction thereof appearing upon the
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1 district register. They shall also, in addition to the number of
2 ballots required to be printed for general distribution,
3 maintain a sufficient supply of such ballots at the office of
4 the county board for the use of absentee electors and for the
5 use of any district, the ballots for which may be lost,
6 destroyed or stolen. They shall also cause to be printed on
7 tinted paper, and without the facsimile endorsements, permanent
8 binding or stubs, copies of the form of ballots provided for
9 each polling place at each primary or election therein, which
10 shall be called specimen ballots, and which shall be of the same
11 size and form as the official ballots, and at each election they
12 shall deliver to the election officers, in addition to the
13 official ballots to be used at such election, a suitable supply
14 of specimen ballots for the use of the electors. At each
15 primary, a suitable supply of specimen ballots of each party
16 shall be furnished.
17 Section 5. Section 1222(a) of the act, amended July 14, 1961
18 (P.L.644, No.332), is amended to read:
19 Section 1222. Count and Return of Votes in Districts in
20 Which Ballots are Used.--
21 (a) As soon as all the ballots have been properly accounted
22 for, and those outside the ballot box, as well as the "Voting
23 Check List," numbered lists of voters and district register
24 sealed, the election officers shall forthwith open the ballot
25 box, and take therefrom all ballots therein, and at primaries,
26 separate the same according to the party [to which they belong]
27 for whom they voted. The ballots shall then be counted one by
28 one, and a record made of the total number, and at primaries of
29 the total number cast for each party. Then the judge, under the
30 scrutiny of the minority inspector, or the minority inspector,
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1 under the scrutiny of the judge, in the presence of the other
2 officers, clerks, and of the overseers, if any, and within the
3 hearing and sight of the watchers outside the enclosed space,
4 shall read aloud the names of the candidates marked or inserted
5 upon each ballot (at primaries the ballots of each party being
6 read in sequence), together with the office for which the person
7 named is a candidate, and the answers contained on the ballots
8 to the questions submitted, if any, and the majority inspector
9 and clerks shall carefully enter each vote as read, and keep
10 account of the same in ink in triplicate tally papers
11 (triplicate tally papers for each party at primaries) to be
12 provided by the county board of elections for that purpose, all
13 three of which shall be made at the same time: Provided, That at
14 all general, municipal and special elections, in entering each
15 vote received by candidates at such election, it shall not be
16 necessary to enter separate tally marks for each vote received
17 by such candidates upon the ballots containing the same votes
18 for the same names, commonly known, and in this act designated
19 as "Straight Party Tickets" for such purpose straight party
20 ticket votes shall be entered carefully as each straight party
21 ticket vote is read on the triplicate tally sheets under the
22 heading "Number of votes received upon the
23 ........................ straight party tickets." Upon
24 completing the number of votes received by each straight party
25 ticket, the number so tallied for each party shall be entered
26 numerically on the extreme right hand margin of each such tally
27 paper. All ballots, after being removed from the box, shall be
28 kept within the unobstructed view of all persons in the voting
29 room until replaced in the box. No person while handling the
30 ballots shall have in his hand any pencil, pen, stamp or other
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1 means of marking or spoiling any ballot. The election officers
2 shall forthwith proceed to canvass and compute the votes cast,
3 and shall not adjourn or postpone the canvass or computation
4 until it shall have been fully completed.
5 * * *
6 Section 6. Section 1302(b) and (e) of the act, amended
7 February 13, 1998 (P.L.72, No.18), are amended to read:
8 Section 1302. Applications for Official Absentee Ballots.--*
9 * *
10 (b) The application shall contain the following information:
11 Home residence at the time of entrance into actual military
12 service or Federal employment, length of time a citizen, length
13 of residence in Pennsylvania, date of birth, length of time a
14 resident of voting district, voting district if known, party
15 choice, or if unaffiliated, primary in which they choose to
16 vote, in case of primary, name and, for a military elector, his
17 stateside military address, FPO or APO number and serial number.
18 Any elector other than a military elector shall in addition
19 specify the nature of his employment, the address to which
20 ballot is to be sent, relationship where necessary, and such
21 other information as may be determined and prescribed by the
22 Secretary of the Commonwealth. When such application is received
23 by the Secretary of the Commonwealth it shall be forwarded to
24 the proper county board of election.
25 * * *
26 (e) Any qualified bedridden or hospitalized veteran absent
27 from the municipality of his residence and unable to attend his
28 polling place because of such illness or physical disability,
29 regardless of whether he is registered or enrolled, may apply at
30 any time before any primary or election for an official absentee
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1 ballot on any official county board of election form addressed
2 to the Secretary of the Commonwealth of Pennsylvania or the
3 county board of elections of the county in which his voting
4 residence is located.
5 The application shall contain the following information:
6 Residence at the time of becoming bedridden or hospitalized,
7 length of time a citizen, length of residence in Pennsylvania,
8 date of birth, length of time a resident in voting district,
9 voting district if known, party choice, or if unaffiliated,
10 primary in which they choose to vote, in case of primary, name
11 and address of present residence or hospital at which
12 hospitalized. When such application is received by the Secretary
13 of the Commonwealth, it shall be forwarded to the proper county
14 board of elections.
15 The application for an official absentee ballot for any
16 primary or election shall be made on information supplied over
17 the signature of the bedridden or hospitalized veteran as
18 required in the preceding subsection. Any qualified registered
19 elector, including a spouse or dependent referred to in
20 subsection (l) of section 1301, who expects to be or is absent
21 from the municipality of his residence because his duties,
22 occupation or business require him to be elsewhere on the day of
23 any primary or election and any qualified registered elector who
24 is unable to attend his polling place on the day of any primary
25 or election because of illness or physical disability and any
26 qualified registered bedridden or hospitalized veteran in the
27 county of residence, or in the case of a county employe who
28 cannot vote due to duties on election day relating to the
29 conduct of the election, or in the case of a person who will not
30 attend a polling place because of the observance of a religious
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1 holiday, may apply to the county board of elections of the
2 county in which his voting residence is located for an Official
3 Absentee Ballot. Such application shall be made upon an official
4 application form supplied by the county board of elections. Such
5 official application form shall be determined and prescribed by
6 the Secretary of the Commonwealth of Pennsylvania.
7 (1) The application of any qualified registered elector,
8 including spouse or dependent referred to in subsection (l) of
9 section 1301, who expects to be or is absent from the
10 municipality of his residence because his duties, occupation or
11 business require him to be elsewhere on the day of any primary
12 or election, or in the case of a county employe who cannot vote
13 due to duties on election day relating to the conduct of the
14 election, or in the case of a person who will not attend a
15 polling place because of the observance of a religious holiday,
16 shall be signed by the applicant and shall include the surname
17 and given name or names of the applicant, his occupation, date
18 of birth, length of time a resident in voting district, voting
19 district if known, place of residence, post office address to
20 which ballot is to be mailed, the reason for his absence, and
21 such other information as shall make clear to the county board
22 of elections the applicant's right to an official absentee
23 ballot.
24 (2) The application of any qualified registered elector who
25 is unable to attend his polling place on the day of any primary
26 or election because of illness or physical disability and the
27 application of any qualified registered bedridden or
28 hospitalized veteran in the county of residence shall be signed
29 by the applicant and shall include surname and given name or
30 names of the applicant, his occupation, date of birth, residence
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1 at the time of becoming bedridden or hospitalized, length of
2 time a resident in voting district, voting district if known,
3 place of residence, post office address to which ballot is to be
4 mailed, and such other information as shall make clear to the
5 county board of elections the applicant's right to an official
6 ballot. In addition, the application of such electors shall
7 include a declaration stating the nature of their disability or
8 illness, and the name, office address and office telephone
9 number of their attending physician: Provided, however, That in
10 the event any elector entitled to an absentee ballot under this
11 subsection be unable to sign his application because of illness
12 or physical disability, he shall be excused from signing upon
13 making a statement which shall be witnessed by one adult person
14 in substantially the following form: I hereby state that I am
15 unable to sign my application for an absentee ballot without
16 assistance because I am unable to write by reason of my illness
17 or physical disability. I have made or have received assistance
18 in making my mark in lieu of my signature.
19 ............................... ......................(Mark)
20 (Date)
21 ............................... ............................
22 (Complete Address of Witness) (Signature of Witness)
23 * * *
24 Section 7. Section 1404(b) of the act is amended to read:
25 Section 1404. Computation of Returns by County Board;
26 Certification; Issuance of Certificates of Election.--
27 * * *
28 (b) It shall be the duty of each board of registration
29 commissioners in each county, before the time fixed for the
30 county board to convene for purpose of computing and canvassing
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1 returns of any primary or election, to certify to said county
2 board the total registration of each election district within
3 its jurisdiction, and the enrollment of each district by
4 political parties at primaries. The county board, before
5 computing the votes cast in any election district, shall compare
6 said registration and enrollment figures with the certificates
7 returned by the election officers showing the number of persons
8 who voted in each district or the number of ballots cast. If,
9 upon consideration by said return board of the returns before it
10 from any election district and the certificates aforesaid, it
11 shall appear that the total vote returned for any candidate or
12 candidates for the same office or nomination or on any question
13 exceeds the number of registered or enrolled electors in said
14 election district or exceeds the total number of persons who
15 voted in said election district or the total number of ballots
16 cast therein, or, if it shall appear that the total number of
17 partisan votes returned for any candidate or candidates for the
18 same office or nomination at any primary exceeds the number of
19 electors registered or enrolled in said district as members of
20 that political party, or exceeds the total number of persons
21 belonging to that party who voted in said district or the total
22 number of ballots of that party cast therein, in any such case,
23 such excess shall be deemed a discrepancy and palpable error,
24 and shall be investigated by the return board, and no votes
25 shall be recorded from such district until such investigation
26 shall be had, and such excess shall authorize--(a) the summoning
27 of the election officers, overseers, machine inspectors, and
28 clerks to appear forthwith with any election papers in their
29 possession; (b) the production of the ballot box before the
30 return board, and the examination and scrutiny of all of its
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1 contents, and all of the registration and election documents
2 whatever, relating to said district, in the presence of
3 representatives of each party and candidate interested who are
4 attending the canvass of such votes; and the recount of the
5 ballots contained in said ballot box, either generally or
6 respecting the particular office, nomination, or question as to
7 which the excess exists, in the discretion of the return board;
8 (c) the correction of the returns in accordance with the result
9 of said recount; (d) in the discretion of the return board, the
10 exclusion of the poll of that district, either as to all
11 offices, candidates, questions, and parties, or as to any
12 particular offices, candidates, questions, or parties as to
13 which said excess exists, if the ballot box be found to contain
14 more ballots than there are electors registered or enrolled in
15 said election district, [or more ballots of one party than there
16 are electors registered or enrolled in said district as members
17 of that party,] or more ballots than the number of voters who
18 voted at said election[, or more ballots of one party than the
19 number of voters of that party who voted at said election]; (e)
20 a report of the facts of the case to the district attorney where
21 such action appears to be warranted.
22 * * *
23 Section 8. Sections 1824 and 1834 of the act, amended
24 February 13, 1998 (P.L.72, No.18), are amended to read:
25 Section 1824. Election Officers Refusing to Permit Elector
26 to Vote in [Proper Party at] Primaries.--Any judge, inspector or
27 clerk of election who refuses to permit an elector at any
28 primary at which ballots are used to receive the ballot of the
29 party with which he is enrolled, or if unaffiliated, the ballot
30 of the party in which he chooses to vote, or who gives to any
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1 such elector enrolled in a party the ballot of any party in
2 which he is not enrolled, or any judge, or inspector of
3 election, or machine inspector who, at any primary at which
4 voting machines are used, adjusts any voting machine about to be
5 used by an elector so as not to permit him to vote for the
6 candidates of the party in which he is enrolled, or so as to
7 permit him to vote for the candidates of any party in which he
8 is not enrolled, shall be guilty of a misdemeanor, and, upon
9 conviction thereof, shall be sentenced to pay a fine not
10 exceeding one thousand ($1,000) dollars, or to undergo an
11 imprisonment of not less than one (1) month nor more than two
12 (2) years, or both, in the discretion of the court.
13 Section 1834. Elector Voting Ballot of Wrong Party at
14 Primary.--[Any] Except as specifically authorized in this act,
15 any elector who shall wilfully vote at any primary the ballot of
16 a party in which he is not enrolled, in violation of the
17 provisions of this act, shall be guilty of a misdemeanor, and,
18 upon conviction thereof, shall be sentenced to pay a fine not
19 exceeding one thousand ($1,000) dollars, or to undergo an
20 imprisonment of not more than one (1) year, or both, in the
21 discretion of the court.
22 Section 9. All acts and parts of acts are repealed insofar
23 as they are inconsistent with this act.
24 Section 10. This act shall take effect immediately.
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