PRINTER'S NO. 4068
No. 2919 Session of 1996
INTRODUCED BY HABAY, MASLAND, MERRY AND TRELLO, OCTOBER 1, 1996
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 1, 1996
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 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 August 13,
19 1963 (P.L.707, No.379), 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 voters 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 may also, in addition to the number of
2 ballots required to be printed for general distribution, have
3 printed for each election district in which a primary is to be
4 held not less than one book of fifty official ballots of each
5 party for the use of the absentee electors and for each election
6 district in which an election is to be held not less than one
7 book of official ballots for the use of the absentee electors.
8 They shall also, in addition to the number of ballots required
9 to be printed for general distribution, have printed ten (10)
10 per centum of such number, to be known as reserve official
11 ballots, and, on tinted paper, two (2) per centum of such number
12 to be known as reserve specimen ballots, which ballots shall be
13 kept at the office of the county board for the use of any
14 district, the ballots for which may be lost, destroyed or
15 stolen. They shall also cause to be printed on tinted paper, and
16 without the facsimile endorsements, permanent binding or stubs,
17 copies of the form of ballots provided for each voting place at
18 each primary or election therein, which shall be called specimen
19 ballots, and which shall be of the same size and form as the
20 official ballots, and at each election they shall deliver to the
21 election officers, in addition to the official ballots to be
22 used at such election, specimen ballots for the use of the
23 electors equal in number to one-fifth of the number of official
24 ballots delivered to such election officers. At each primary,
25 specimen ballots of each party shall be furnished, equal in
26 number to one-fifth of the number of official ballots of such
27 party furnished to the election officers as above provided.
28 Section 5. Section 1222(a) of the act, amended July 14, 1961
29 (P.L.644, No.332), is amended to read:
30 Section 1222. Count and Return of Votes in Districts in
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1 Which Ballots are Used.--
2 (a) As soon as all the ballots have been properly accounted
3 for, and those outside the ballot box, as well as the "Voting
4 Check List," numbered lists of voters and district register
5 sealed, the election officers shall forthwith open the ballot
6 box, and take therefrom all ballots therein, and at primaries,
7 separate the same according to the party [to which they belong]
8 for whom they voted. The ballots shall then be counted one by
9 one, and a record made of the total number, and at primaries of
10 the total number cast for each party. Then the judge, under the
11 scrutiny of the minority inspector, or the minority inspector,
12 under the scrutiny of the judge, in the presence of the other
13 officers, clerks, and of the overseers, if any, and within the
14 hearing and sight of the watchers outside the enclosed space,
15 shall read aloud the names of the candidates marked or inserted
16 upon each ballot (at primaries the ballots of each party being
17 read in sequence), together with the office for which the person
18 named is a candidate, and the answers contained on the ballots
19 to the questions submitted, if any, and the majority inspector
20 and clerks shall carefully enter each vote as read, and keep
21 account of the same in ink in triplicate tally papers
22 (triplicate tally papers for each party at primaries) to be
23 provided by the county board of elections for that purpose, all
24 three of which shall be made at the same time: Provided, That at
25 all general, municipal and special elections, in entering each
26 vote received by candidates at such election, it shall not be
27 necessary to enter separate tally marks for each vote received
28 by such candidates upon the ballots containing the same votes
29 for the same names, commonly known, and in this act designated
30 as "Straight Party Tickets" for such purpose straight party
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1 ticket votes shall be entered carefully as each straight party
2 ticket vote is read on the triplicate tally sheets under the
3 heading "Number of votes received upon the
4 ........................ straight party tickets." Upon
5 completing the number of votes received by each straight party
6 ticket, the number so tallied for each party shall be entered
7 numerically on the extreme right hand margin of each such tally
8 paper. All ballots, after being removed from the box, shall be
9 kept within the unobstructed view of all persons in the voting
10 room until replaced in the box. No person while handling the
11 ballots shall have in his hand any pencil, pen, stamp or other
12 means of marking or spoiling any ballot. The election officers
13 shall forthwith proceed to canvass and compute the votes cast,
14 and shall not adjourn or postpone the canvass or computation
15 until it shall have been fully completed.
16 * * *
17 Section 6. Section 1302(b) and (e) of the act, amended
18 December 11, 1968 (P.L.1183, No.375) and May 5, 1986 (P.L.150,
19 No.47), are amended to read:
20 Section 1302. Applications for Official Absentee Ballots.--*
21 * *
22 (b) The application shall contain the following information:
23 Home residence at the time of entrance into actual military
24 service or Federal employment, length of time a citizen, length
25 of residence in Pennsylvania, date of birth, length of time a
26 resident of voting district, voting district if known, party
27 choice, or if unaffiliated, primary in which they choose to
28 vote, in case of primary, name and, for a military elector, his
29 stateside military address, FPO or APO number and serial number.
30 Any elector other than a military elector shall in addition
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1 specify the nature of his employment, the address to which
2 ballot is to be sent, relationship where necessary, and such
3 other information as may be determined and prescribed by the
4 Secretary of the Commonwealth. When such application is received
5 by the Secretary of the Commonwealth it shall be forwarded to
6 the proper county board of election.
7 * * *
8 (e) Any qualified bedridden or hospitalized veteran absent
9 from the State or county of his residence and unable to attend
10 his polling place because of such illness or physical
11 disability, regardless of whether he is registered or enrolled,
12 may apply at any time before any primary or election for an
13 official absentee ballot on any official county board of
14 election form addressed to the Secretary of the Commonwealth of
15 Pennsylvania or the county board of elections of the county in
16 which his voting residence is located.
17 The application shall contain the following information:
18 Residence at the time of becoming bedridden or hospitalized,
19 length of time a citizen, length of residence in Pennsylvania,
20 date of birth, length of time a resident in voting district,
21 voting district if known, party choice, or if unaffiliated,
22 primary in which they choose to vote, in case of primary, name
23 and address of present residence or hospital at which
24 hospitalized. When such application is received by the Secretary
25 of the Commonwealth, it shall be forwarded to the proper county
26 board of elections.
27 The application for an official absentee ballot for any
28 primary or election shall be made on information supplied over
29 the signature of the bedridden or hospitalized veteran as
30 required in the preceding subsection. Any qualified registered
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1 elector, including a spouse or dependent referred to in
2 subsection (l) of section 1301, who expects to be or is absent
3 from the Commonwealth or county of his residence because his
4 duties, occupation or business require him to be elsewhere on
5 the day of any primary or election and any qualified registered
6 elector who is unable to attend his polling place on the day of
7 any primary or election because of illness or physical
8 disability and any qualified registered bedridden or
9 hospitalized veteran in the county of residence, or in the case
10 of a county employe who cannot vote due to duties on election
11 day relating to the conduct of the election, or in the case of a
12 person who will not attend a polling place because of the
13 observance of a religious holiday, may apply to the county board
14 of elections of the county in which his voting residence is
15 located for an Official Absentee Ballot. Such application shall
16 be made upon an official application form supplied by the county
17 board of elections. Such official application form shall be
18 determined and prescribed by the Secretary of the Commonwealth
19 of Pennsylvania.
20 (1) The application of any qualified registered elector,
21 including spouse or dependent referred to in subsection (l) of
22 section 1301, who expects to be or is absent from the
23 Commonwealth or county of his residence because his duties,
24 occupation or business require him to be elsewhere on the day of
25 any primary or election, or in the case of a county employe who
26 cannot vote due to duties on election day relating to the
27 conduct of the election, or in the case of a person who will not
28 attend a polling place because of the observance of a religious
29 holiday, shall be signed by the applicant and shall include the
30 surname and given name or names of the applicant, his
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1 occupation, date of birth, length of time a resident in voting
2 district, voting district if known, place of residence, post
3 office address to which ballot is to be mailed, the reason for
4 his absence, and such other information as shall make clear to
5 the county board of elections the applicant's right to an
6 official absentee ballot.
7 (2) The application of any qualified registered elector who
8 is unable to attend his polling place on the day of any primary
9 or election because of illness or physical disability and the
10 application of any qualified registered bedridden or
11 hospitalized veteran in the county of residence shall be signed
12 by the applicant and shall include surname and given name or
13 names of the applicant, his occupation, date of birth, residence
14 at the time of becoming bedridden or hospitalized, length of
15 time a resident in voting district, voting district if known,
16 place of residence, post office address to which ballot is to be
17 mailed, and such other information as shall make clear to the
18 county board of elections the applicant's right to an official
19 ballot. In addition, the application of such electors shall
20 include a declaration stating the nature of their disability or
21 illness, and the name, office address and office telephone
22 number of their attending physician: Provided, however, That in
23 the event any elector entitled to an absentee ballot under this
24 subsection be unable to sign his application because of illness
25 or physical disability, he shall be excused from signing upon
26 making a statement which shall be witnessed by one adult person
27 in substantially the following form: I hereby state that I am
28 unable to sign my application for an absentee ballot without
29 assistance because I am unable to write by reason of my illness
30 or physical disability. I have made or have received assistance
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1 in making my mark in lieu of my signature.
2 ............................... ......................(Mark)
3 (Date)
4 ............................... ............................
5 (Complete Address of Witness) (Signature of Witness)
6 * * *
7 Section 7. Section 1404(b) of the act is amended to read:
8 Section 1404. Computation of Returns by County Board;
9 Certification; Issuance of Certificates of Election.--
10 * * *
11 (b) It shall be the duty of each board of registration
12 commissioners in each county, before the time fixed for the
13 county board to convene for purpose of computing and canvassing
14 returns of any primary or election, to certify to said county
15 board the total registration of each election district within
16 its jurisdiction, and the enrollment of each district by
17 political parties at primaries. The county board, before
18 computing the votes cast in any election district, shall compare
19 said registration and enrollment figures with the certificates
20 returned by the election officers showing the number of persons
21 who voted in each district or the number of ballots cast. If,
22 upon consideration by said return board of the returns before it
23 from any election district and the certificates aforesaid, it
24 shall appear that the total vote returned for any candidate or
25 candidates for the same office or nomination or on any question
26 exceeds the number of registered or enrolled electors in said
27 election district or exceeds the total number of persons who
28 voted in said election district or the total number of ballots
29 cast therein, or, if it shall appear that the total number of
30 partisan votes returned for any candidate or candidates for the
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1 same office or nomination at any primary exceeds the number of
2 electors registered or enrolled in said district as members of
3 that political party, or exceeds the total number of persons
4 belonging to that party who voted in said district or the total
5 number of ballots of that party cast therein, in any such case,
6 such excess shall be deemed a discrepancy and palpable error,
7 and shall be investigated by the return board, and no votes
8 shall be recorded from such district until such investigation
9 shall be had, and such excess shall authorize--(a) the summoning
10 of the election officers, overseers, machine inspectors, and
11 clerks to appear forthwith with any election papers in their
12 possession; (b) the production of the ballot box before the
13 return board, and the examination and scrutiny of all of its
14 contents, and all of the registration and election documents
15 whatever, relating to said district, in the presence of
16 representatives of each party and candidate interested who are
17 attending the canvass of such votes; and the recount of the
18 ballots contained in said ballot box, either generally or
19 respecting the particular office, nomination, or question as to
20 which the excess exists, in the discretion of the return board;
21 (c) the correction of the returns in accordance with the result
22 of said recount; (d) in the discretion of the return board, the
23 exclusion of the poll of that district, either as to all
24 offices, candidates, questions, and parties, or as to any
25 particular offices, candidates, questions, or parties as to
26 which said excess exists, if the ballot box be found to contain
27 more ballots than there are electors registered or enrolled in
28 said election district, [or more ballots of one party than there
29 are electors registered or enrolled in said district as members
30 of that party,] or more ballots than the number of voters who
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1 voted at said election[, or more ballots of one party than the
2 number of voters of that party who voted at said election]; (e)
3 a report of the facts of the case to the district attorney where
4 such action appears to be warranted.
5 * * *
6 Section 8. Sections 1824 and 1834 of the act are amended to
7 read:
8 Section 1824. Election Officers Refusing to Permit Elector
9 to Vote in [Proper Party at] Primaries.--Any judge, inspector or
10 clerk of election who refuses to permit an elector at any
11 primary at which ballots are used to receive the ballot of the
12 party with which he is enrolled, or if unaffiliated, the ballot
13 of the party in which he chooses to vote, or who gives to any
14 such elector enrolled in a party the ballot of any party in
15 which he is not enrolled, or any judge, or inspector of
16 election, or machine inspector who, at any primary at which
17 voting machines are used, adjusts any voting machine about to be
18 used by an elector so as not to permit him to vote for the
19 candidates of the party in which he is enrolled, or so as to
20 permit him to vote for the candidates of any party in which he
21 is not enrolled, shall be guilty of a misdemeanor, and, upon
22 conviction thereof, shall be sentenced to pay a fine not
23 exceeding one thousand ($1,000) dollars, or to undergo an
24 imprisonment of not less than one (1) month nor more than two
25 (2) years, or both, in the discretion of the court.
26 [Section 1834. Elector Voting Ballot of Wrong Party at
27 Primary.--Any elector who shall wilfully vote at any primary the
28 ballot of a party in which he is not enrolled, in violation of
29 the provisions of this act, shall be guilty of a misdemeanor,
30 and, upon conviction thereof, shall be sentenced to pay a fine
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1 not exceeding one thousand ($1,000) dollars, or to undergo an
2 imprisonment of not more than one (1) year, or both, in the
3 discretion of the court.]
4 Section 9. All acts and parts of acts are repealed insofar
5 as they are inconsistent with this act.
6 Section 10. This act shall take effect immediately.
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