PRINTER'S NO. 112
No. 99 Session of 1977
INTRODUCED BY MESSRS. GOEBEL, POTT, HASKELL, BURD, ZORD,
HALVERSON, NOYE, WAGNER, HOPKINS, BRANDT, POLITE AND MRS.
TAYLOR, FEBRUARY 8, 1977
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 8, 1977
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 additional restrictions on the manner
12 in which a write-in vote may be cast by an individual.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Subsections (a) and (b) of section 1002, act of
16 June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania
17 Election Code," subsection (a) amended December 22, 1971
18 (P.L.613, No.165) and subsection (b) amended December 2, 1976
19 (No.269), are amended to read:
20 Section 1002. Form of Official Primary Ballot.--(a) At
21 primaries separate official ballots shall be prepared for each
22 party which shall be in substantially the following form:
1 Official.................................. Primary Ballot.
2 (Name of Party)
3 ........District,........Ward, City of.......................,
4 County of............................, State of Pennsylvania
5 ........Primary election held on the.....day of........., 19...
6 Make a cross (X) or check ( ) in the square to the right of
7 each candidate for whom you wish to vote. If you desire to vote
8 for a person whose name is not on the ballot, write, [print or
9 paste his] the individual's name in the blank space provided for
10 that purpose. Mark ballot only in black lead pencil, indelible
11 pencil or blue, black or blue-black ink in fountain pen or ball
12 point pen. Use the same pencil or pen for all markings you place
13 on the ballot.
14 President of the United States.
15 (Vote for one)
16 John Doe
17 Richard Roe
18 John Stiles
19 United States Senator.
20 (Vote for one)
21 John Doe
22 Richard Roe
23 John Stiles
24 Governor.
25 (Vote for one)
26 John Doe
27 Richard Roe
28 John Stiles
29 Representative in Congress....District.
30 (Vote for one)
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1 John Doe
2 Richard Roe
3 John Stiles
4 Delegates at Large to National Convention.
5 (Vote for.....)
6 John Doe
7 (Committed to Jeremiah Smith)
8 John Stiles
9 (Uncommitted)
10 Delegate to National Convention.....District.
11 (Vote for.....)
12 John Doe
13 (Committed to Jeremiah Smith)
14 John Stiles
15 (Uncommitted)
16 Senator in the General Assembly.....District.
17 (Vote for one)
18 John Doe
19 Richard Roe
20 John Stiles
21 Member of State Committee.
22 (Vote for one)
23 John Doe
24 Richard Roe
25 John Stiles
26 Party Committeemen.
27 (Vote for.....)
28 John Doe
29 Richard Roe
30 John Stiles
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1 (b) On the back of each ballot shall be printed in prominent
2 type the words "OFFICIAL PRIMARY BALLOT OF ........PARTY FOR"
3 followed by the designation of the election district for which
4 it is prepared, the date of the primary and the facsimile
5 signatures of the members of the county board of elections. The
6 names of candidates shall in all cases be arranged under the
7 title of the office for which they are candidates, and be
8 printed thereunder in the order determined by the casting of
9 lots as provided by this act. Under the title of such offices
10 where more than one candidate is to be voted for, shall be
11 printed "vote for not more than......" (the blank space to
12 indicate the number of candidates to be voted for the particular
13 office.) At the right of the name of each candidate there shall
14 be a square of sufficient size for the convenient insertion of a
15 cross (X) or check ( ) mark. There shall be left at the end of
16 the list of candidates for each office (or under the title of
17 the office itself in case there be no candidates who have filed
18 nomination petitions therefor) as many blank spaces as there are
19 persons to be voted for, for such office, in which space the
20 elector may insert by writing or printing in the name of any
21 person whose name is not printed on the ballot as a candidate
22 for such office. Opposite or under the name of each candidate,
23 except candidates for the office of President of the United
24 States and candidates for delegate or alternate delegate to a
25 National Party Convention, who is to be voted for by the
26 electors of more than one county, shall be printed the name of
27 the county in which such candidate resides; and opposite or
28 under the name of each candidate except candidates for delegate
29 or alternate delegate to a National Party Convention who is to
30 be voted for by the electors of an entire county or any
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1 congressional, senatorial or representative district within the
2 county, shall be printed the name of the city, borough, township
3 or ward, as the case may be, in which such candidate resides.
4 * * *
5 Section 2. Subsections (a) and (e) of section 1003 of the
6 act , subsection (a) amended December 10, 1974 (P.L.835,
7 No.280), are amended to read:
8 Section 1003. Form of Official Election Ballot.--
9 (a) The official ballots for general, municipal and special
10 elections shall be in substantially the following form:
11 OFFICIAL BALLOT
12 ........... District, ........... Ward, City of ...............,
13 County of ................., State of Pennsylvania ............
14 Election held on the ..... day of .........., 19..
15 A cross (X) or check ( ) mark in the square opposite the name of
16 any candidate indicates a vote for that candidate.
17 To vote a straight party ticket, mark a cross (X) or check
18 ( ) in the square, in the Party Column, opposite the name of the
19 party of your choice. To vote for an individual candidate of
20 another party after making a mark in the party square, mark a
21 cross (X) or check ( ) opposite his name. For an office where
22 more than one candidate is to be voted for, the voter, after
23 marking in the party square, may divide his vote by marking a
24 cross (X) or check ( ) to the right of each candidate for whom
25 he or she desires to vote. For such office votes shall not be
26 counted for candidates not individually marked.
27 To vote for a person whose name is not on the ballot, write,
28 or print [or paste] his name in the blank space provided for
29 that purpose. A cross (X) or check ( ) mark in the square
30 opposite the names of the candidates of any party for President
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1 and Vice-President of the United States indicates a vote for all
2 the candidates of that party for presidential elector. To vote
3 for individual candidates for presidential elector, write, or
4 print [or paste] their names in the blank spaces provided for
5 that purpose under the title "Presidential Electors." Mark
6 ballot only in black lead pencil, indelible pencil or blue,
7 black or blue-black ink, in fountain pen or ball point pen; use
8 the same pencil or pen for all markings you place on the ballot.
9 Before leaving the voting compartment, fold this ballot,
10 without displaying the markings thereon, in the same way it was
11 folded when received, then leave the compartment and exhibit the
12 ballot to one of the election officers who shall ascertain by an
13 inspection of the number appearing upon the right hand corner of
14 the back of the ballot whether the ballot so exhibited to him is
15 the same ballot which the elector received before entering the
16 voting compartment. If it is the same, the election officer
17 shall direct the elector, without unfolding the ballot, to
18 remove the perforated corner containing the number, and the
19 elector shall immediately deposit the ballot in the ballot box.
20 Any ballot deposited in a ballot box at any primary or election
21 without having the said number torn off shall be void and shall
22 not be counted.
23 Party Column Presidential Electors
24 To Vote a Straight Party Ticket (Vote for the candidates of
25 Mark a Cross (X) or Check ( ) in one party for President and
26 this Column. Vice-President, or insert by
27 writing or printing the
28 names of candidates.)
29 For
30 Democratic John Stiles
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1 and
2 Richard Doe,
3 Democratic ..................
4 For
5 Republican John Doe
6 and
7 Richard Roe,
8 Republican ..................
9 For
10 Socialist John Smith
11 and
12 William Jones,
13 Socialist ...................
14 Citizens
15 United States Senator.
16 (Vote for one)
17 Richard Roe ...................................... Democratic
18 John Doe ......................................... Republican
19 Richard Stiles ................................... Socialist
20 Governor.
21 (Vote for one)
22 Richard Roe ...................................... Democratic
23 John Doe ......................................... Republican
24 Richard Stiles ................................... Socialist
25 Representatives in Congress,
26 ....... District.
27 (Vote for one)
28 Richard Roe ...................................... Democratic
29 John Doe ......................................... Republican
30 Richard Stiles ................................... Socialist
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1 Senator in the General Assembly,
2 ....... District.
3 (Vote for one)
4 John Doe ........................................ Democratic
5 Richard Roe ..................................... Republican
6 * * *
7 (e) There shall be left at the end of the group of candidates
8 for President and Vice-President of the United States under the
9 title "Presidential Electors," as many blank spaces as there are
10 presidential electors to be elected, in which spaces the elector
11 may insert the names of any individual candidates for
12 presidential electors for whom he desires to vote. There shall
13 also be left at the end of each group of candidates for each
14 other office (or under the title of the office itself in case no
15 candidates have been nominated therefor), as many blank spaces
16 as there are persons to be voted for for such office, in which
17 space the elector may insert by writing or printing the name of
18 any person or persons whose name is not printed on the ballot as
19 a candidate for such office.
20 * * *
21 Section 3. Subsection (g) of section 1107 of the act is
22 amended to read: Section 1107. Requirements of Voting
23 Machines.--No voting machine shall, upon any examination or
24 reexamination, be approved by the Secretary of the Commonwealth,
25 or by any examiner appointed by him, unless it shall, at the
26 time, satisfy the following requirements:
27 * * *
28 (g) It shall permit each voter to [deposit,] write in or
29 print [or affix] upon receptacles or devices provided for the
30 purpose, ballots containing the names of persons for whom he
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1 desires to vote, whose names do not appear upon the machine.
2 * * *
3 Section 4. Subsections (b) and (c) of section 1215 of the
4 act, amended January 8, 1960 (1959 P.L.2142, No.790) are amended
5 to read:
6 Section 1215. Method of Marking Ballots and Depositing Same
7 in Districts in Which Ballots are Used.--* * *
8 (b) At primaries, the elector shall prepare his ballot in the
9 following manner: He shall vote for the candidates of his choice
10 for nomination or election, according to the number of persons
11 to be voted for by him, for each office, by making a cross (X)
12 or check ( ) mark in the square opposite the name of the
13 candidate, or he may insert by writing [, stamping or sticker]
14 or printing, in the blank space provided therefor, any name not
15 already printed on the ballot, and such insertion shall count as
16 a vote without the making of a cross (X) or check ( ) mark.
17 (c) At elections, the elector shall prepare his ballot in the
18 following manner: He may vote for the candidates of his choice
19 for each office to be filled according to the number of persons
20 to be voted for by him for each office, by making a cross (X) or
21 check ( ) mark in the square opposite the name of the candidate,
22 or he may insert by writing [, stamping or sticker] or printing,
23 in the blank spaces provided therefor, any name not already
24 printed on the ballot, and such insertion shall count as a vote
25 without the making of a cross (X) or check ( ) mark. If he
26 desires to vote for every candidate of a political party or
27 political body, except its candidates for offices as to which he
28 votes for individual candidates in the manner hereinafter
29 provided, he may make a cross (X) or check ( ) mark in the
30 square opposite the name of the party or political body of his
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1 choice in the party column on the left of the ballot, and every
2 such cross (X) or check ( ) mark shall be equivalent to and be
3 counted as a vote for every candidate of a party or political
4 body so marked, including its candidates for presidential
5 electors, except for those offices as to which he has indicated
6 a choice for individual candidates of the same or another party
7 or political body, by making a cross (X) or check ( ) mark
8 opposite their names in the manner hereinabove provided, as to
9 which offices his ballot shall be counted only for the
10 candidates which he has thus individually marked,
11 notwithstanding the fact that he made a mark in the party
12 column, and even though in the case of an office for which more
13 than one candidate is to be voted for, he has not individually
14 marked for such office the full number of candidates for which
15 he is entitled to vote. If he desires to vote for the entire
16 group of presidential electors nominated by any party or
17 political body, he may make a cross (X) or check ( ) mark in the
18 appropriate square at the right of the names of the candidates
19 for President and Vice-President of such party or body. If he
20 desires to vote a ticket for presidential electors made up of
21 the names of persons nominated by different parties or political
22 bodies, or partially of names of persons so in nomination and
23 partially of names of persons not in nomination by any party or
24 political body, or wholly of names of persons not in nomination
25 by any party or political body, he shall insert by writing or
26 printing the names of the candidates for presidential electors
27 for whom he desires to vote in the blank spaces provided
28 therefor under the title of the office "Presidential Electors."
29 In case of a question submitted to the vote of the electors, he
30 may make a cross (X) or check ( ) mark in the appropriate square
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1 opposite the answer which he desires to give.
2 * * *
3 Section 5. Subsections (e) of section 1216, of the act is
4 amended to read:
5 Section 1216. Instructions of Voters and Manner of Voting in
6 Districts in Which Voting Machines are Used.--
7 * * *
8 (e) A voter may, at any primary or election, vote for any
9 person for any office, for which office his name does not appear
10 upon the voting machine as a candidate, by an irregular ballot
11 containing the name of such person [deposited,] written or
12 [affixed] printed in or upon the appropriate receptacle or
13 device provided in or on the machine for that purpose, and in no
14 other manner. Where two or more persons are to be elected to the
15 same office, and the name of each candidate is placed upon or
16 adjacent to a separate key, handle, pointer or knob, and the
17 voting machine requires that all irregular ballots voted for
18 that office be [deposited,] written or [affixed] printed in or
19 upon a single receptacle or device, an elector may vote in or by
20 such receptacle or device for one or more persons whose names do
21 not appear upon the machine, with or without the names of one or
22 more persons whose names do so appear. With these exceptions, no
23 irregular ballot shall be cast on a voting machine for any
24 person for any office, whose name appears on the machine as a
25 candidate for that office, and any ballot so cast shall be void
26 and not counted.
27 * * *
28 Section 6. Subsection (c) of section 1222 of the act,
29 amended July 14, 1961 (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 * * *
3 (c) In returning any votes cast for any person whose name is
4 not printed on the ballot, the election officers shall record
5 any such names exactly as they were written [, stamped or
6 applied to] or printed on the ballot [by sticker].
7 Section 7. Subsection (a) of section 1223 of the act,
8 amended August 13, 1963 (P.L.707, No.379) is amended to read:
9 Section 1223. What Ballots Shall Be Counted; Manner of
10 Counting; Defective Ballots.--(a) No ballot which is so marked
11 as to be capable of identification shall be counted. Any ballot
12 that is marked in blue, black or blue-black ink, in fountain pen
13 or ball point pen, or black lead pencil or indelible pencil,
14 shall be valid and counted: Provided, That all markings on the
15 ballot are made by the same pen or pencil. Any ballot marked by
16 any other mark than an (X) or check ( ) in the spaces provided
17 for that purpose shall be void and not counted: Provided,
18 however, That no vote recorded thereon shall be declared void
19 because a cross (X) or check ( ) mark thereon is irregular in
20 form. Any erasure, mutilation or defective marking of the
21 straight party column at November elections shall render the
22 entire ballot void, unless the voter has properly indicated his
23 choice for candidates in any office block, in which case the
24 vote or votes for such candidates only shall be counted. Any
25 erasure or mutilation in the vote in any office block shall
26 render void the vote for any candidates in said block, but shall
27 not invalidate the votes cast on the remainder of the ballot, if
28 otherwise properly marked. Any ballot indicating a vote for any
29 person whose name is not printed on the ballot, by writing
30 [,stamping or sticker] or printing shall be counted as a vote
19770H0099B0112 - 12 -
1 for such person, if placed in the proper space or spaces
2 provided for that purpose, whether or not an (X) or check ( ) is
3 placed after the name of such person: Provided, however, That if
4 such writing[, stamping or sticker] or printing is placed over
5 the name of a candidate printed on the ballot, it shall render
6 the entire vote in said office block void. If an elector shall
7 mark his ballot for more persons for any office than there are
8 candidates to be voted for for such office, or if, for any
9 reason, it may be impossible to determine his choice for any
10 office, his ballot shall not be counted for such office, but the
11 ballot shall be counted for all offices for which it is properly
12 marked. Ballots not marked, or improperly or defectively marked,
13 so that the whole ballot is void, shall be set aside and shall
14 be preserved with the other ballots.
15 * * *
16 Section 8. Subsection (c) of section 1227 of the act is
17 amended to read:
18 Section 1227. Canvass and Return of Votes in Districts in
19 Which Voting Machines are Used.--* * *
20 (c) The proclamation of the result of the votes cast shall be
21 announced distinctly and audibly by the judge of election, who
22 shall read the name of each candidate, the designation or
23 designating numbers and letters of his counters, and the vote
24 registered on each counter, also the vote cast for and against
25 each question submitted. During such proclamation, ample
26 opportunity shall be given to any person lawfully present to
27 compare the results so announced with the counter dials of the
28 machine or with the paper proof sheets, as the case may be, and
29 any necessary corrections shall then and there be made by the
30 election officers, after which the doors or other cover of the
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1 voting machine shall be closed and locked. Any ballots written,
2 deposited [, or affixed] or printed, in or upon the voting
3 machine, shall be inclosed in properly sealed packages, and
4 properly indorsed, and shall be delivered by the judge of
5 election as hereinafter provided. The judge of election shall
6 promptly deliver to the county board, or their duly authorized
7 representative, the keys of the voting machine, inclosed in a
8 sealed envelope, if the construction of the voting machine shall
9 permit their separate return. Said envelope shall have indorsed
10 thereon a certificate of the election officers, stating the
11 number of the machine, the election district where it has been
12 used, the number on the seal, and the number on the protective
13 counter or device at the close of the polls.
14 * * *
15 Section 9. Section 1405 of the act, amended December 22,
16 1971 (P.L.613, No.165) is amended to read:
17 Section 1405. Manner of Computing Irregular Ballots.--The
18 county board, in computing the votes cast at any primary or
19 election, shall compute and certify votes cast on irregular
20 ballots exactly as such names were written [, stamped, affixed
21 to] or printed on the ballot [by sticker,] or deposited in the
22 case of presidential elections, or [affixed] written or printed
23 in or on receptacles for that purpose, and as they have been so
24 returned by the election officers. In the primary the Secretary
25 of the Commonwealth shall not certify the votes cast on
26 irregular ballots for any person for a National office including
27 that of the President of the United States, United States
28 Senator and Representative in Congress; or for any State office
29 including that of Governor and Lieutenant Governor, Auditor
30 General, State Treasurer, Senator and Representative in the
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1 General Assembly, justices and judges of courts of record or for
2 any party office including that of delegate or alternate
3 delegate to National conventions and member of State committee
4 unless the total number of votes cast for said person is equal
5 to or greater than the number of signatures required on a
6 nomination petition for the particular office. In the primary
7 the county board shall not certify the votes cast on irregular
8 ballots for any person for a justice of the peace, constable,
9 National, State, county, city, borough, town, township, ward,
10 school district, election or local party office unless the total
11 number of votes cast for said person is equal to or greater than
12 the number of signatures required on a nomination petition for
13 the particular office. In no election shall any irregular ballot
14 which is stamped upon or fixed upon a ballot by sticker, be
15 counted as a valid vote.
16 Section 10. This act shall take effect immediately and apply
17 to the municipal election conducted in November of 1977.
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