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," providing for campaign finance reporting by 
12write-in candidates; and further providing for filing fees 
13and certificates of filing.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

16Section 1. Section 1112-A(b) of the act of June 3, 1937
17(P.L.1333, No.320), known as the Pennsylvania Election Code,
18added July 11, 1980 (P.L.600, No.128), is amended to read:

19Section 1112-A. Election Day Procedures and the Process of
20Voting.--* * *

21(b) In an election district which uses an electronic voting
22system which utilizes paper ballots or ballot cards to register
23the votes, the following procedures will be applicable for the

1conduct of the election at the election district:

2(1) The voter, after receiving his ballot from the district
3election officials, shall retire to one of the voting booths in
4which the voting devices are located.

5(2) At primary elections, the voter shall vote for the
6candidates of his choice for nomination, according to the number
7of persons to be voted for by him, for each office by making a
8cross (X) or check ( ) mark or by making a punch or mark sense
9mark in the square opposite the name of the candidate, or he may
10so mark the write-in position provided on the ballot for the
11particular office and, in the space provided therefor on the
12ballot and/or ballot envelope, write the identification of the
13office in question and the name of any person not already
14printed on the ballot for that office, and such mark and written
15insertion shall count as a vote for that person for such office.
16If a write-in candidate garners the most votes, the candidate 
17shall become subject to the campaign finance reporting 
18requirements of this act as though a nomination petition had 
19been filed.

20(3) At all other elections, the voter shall vote for the
21candidates of his choice for each office to be filled, according
22to the number of persons to be voted for by him for each office,
23by making a cross (X) or check ( ) mark or by making a punch or
24mark sense mark in the square opposite the name of the
25candidate, or he may so mark the write-in position provided on
26the ballot for the particular office and, in the space provided
27therefor on the ballot and/or ballot envelope, write the
28identification of the office in question and the name of any
29person not already printed on the ballot for that office, and
30such mark and written insertion shall count as a vote for that

1person for such office. If a write-in candidate garners the most 
2votes, the candidate shall become subject to the campaign 
3finance reporting requirements of this act as though a 
4nomination petition had been filed.

5(4) If the voter desires to vote for every candidate of a
6political party or political body, except its candidates for
7offices as to which he votes for individual candidates in the
8manner hereinafter provided, he may make a cross (X) or check
9( ) or punch or mark sense mark in the square opposite the name
10of the party or political body so marked, including its
11candidates for presidential electors, except for those offices
12as to which he has indicated a choice for individual candidates
13of the same or another party or political body, by making a
14cross (X) or check ( ) or punch or mark sense mark opposite
15their names in the manner hereinabove provided, as to which
16offices his ballot shall be counted only for the candidates
17which he has thus individually marked, notwithstanding the fact
18that he made a mark in the party column, and even though in the
19case of an office for which more than one candidate is to be
20voted for, he has not individually marked for such office the
21full number of candidates for which he is entitled to vote. If
22he desires to vote for the entire group of presidential electors
23nominated by any party or political body, he may make a cross
24(X) or check ( ) or punch or mark sense mark in the appropriate
25space opposite the names of the candidates for President and
26Vice-President of such party or body. If he desires to vote a
27ticket for presidential electors made up of the names of persons
28nominated by different parties or political bodies, or partially
29of names of persons so in nomination and partially of names of
30persons not in nomination by any party or political body, or

1wholly of names of persons not in nomination by any party or
2political body, he shall insert the names of the candidates for
3presidential electors for whom he desires to vote in the blank
4spaces provided therefor on the write-in ballot under the title
5of the office "Presidential Electors". In case of a question
6submitted to the vote of the electors, he may make a cross (X)
7or check ( ) or punch or mark sense mark in the appropriate
8square opposite the answer which he desires to give.

9(5) Any voter who spoils his ballot may return it and secure
10another. The word "spoiled" shall be written across the face of
11the ballot, and it shall be placed in the envelope marked
12"Spoiled Ballots".

13(6) Following the completion of his vote, the voter shall
14leave the voting booth and return the ballot to the election
15officer by a means designed to insure its secrecy; upon removal
16of the stub of the ballot by the election officer, the voter
17shall insert the ballot into the district automatic tabulating
18equipment or, in the event district tabulation is not provided
19for by the voting system or such district tabulation equipment
20is inoperative for any reason, into a secure ballot box. No
21ballot card from which the stub has been detached shall be
22accepted by the election officer in charge of such equipment or
23ballot box, but it shall be marked "spoiled" and shall be placed
24in the envelope marked "Spoiled Ballots."

25Section 2. Section 1632(b) of the act, added October 4, 1978
26(P.L.893, No.171), is amended to read:

27Section 1632. Late Filing Fee; Certificate of Filing.--

28* * *

29(b) (1) No person may be a candidate for a public office 
30until all reports and statements of contributions and 

1expenditures required to be filed by such person if the person 
2was previously a candidate for public office and any treasurer 
3of any committee authorized by such person for the previous 
4candidacy have been filed and all fines paid.

5(2) No person shall be deemed elected to a public office
6under the laws of this Commonwealth or enter upon the duties
7thereof, or receive any salary or emoluments therefrom until all
8of the reports and statements of contributions and expenditures
9required to be filed by any candidate and treasurers of
10committees authorized by such candidate and due before the
11person may take office, have been filed.

12(3) No candidate may be sworn in until the appropriate
13supervisor certifies that all required reports have been filed,
14and no official of the Commonwealth or any of its political
15subdivisions may issue a commission or administer an oath of
16office until that official has received this certification.

17(4) No certification shall be issued until the supervisor
18has received post election reports of any candidate and
19treasurer of committees authorized by such candidate.

20* * *

21Section 3. This act shall take effect immediately.