PRINTER'S NO. 2578
No. 2074 Session of 1995
INTRODUCED BY STETLER, PLATTS, DeLUCA, MELIO AND PISTELLA,
OCTOBER 4, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 4, 1995
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," further providing for county boards of elections.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 301 of the act of June 3, 1937 (P.L.1333,
15 No.320), known as the Pennsylvania Election Code, amended July
16 21, 1979, (P.L.189, No.63), is amended to read:
17 Section 301. County Boards of Elections; Membership.--
18 (a) There shall be a county board of elections in and for
19 each county of this Commonwealth, which shall have jurisdiction
20 over the conduct of primaries and elections in such county, in
21 accordance with the provisions of this act.
22 [(b) In each county of the Commonwealth, the county board of
1 elections shall consist of the county commissioners of such
2 county ex officio, or any officials or board who are performing
3 or may perform the duties of the county commissioners, who shall
4 serve without additional compensation as such. Except in
5 counties of the first class, in counties which have adopted home
6 rule charters or optional plans the board of elections shall
7 consist of the members of the county body which performs
8 legislative functions unless the county charter or optional plan
9 provides for the appointment of the board of elections. In
10 either case, there shall be minority representation on the
11 board. The county body which performs legislative functions
12 shall in the case where the board does not contain minority
13 representation appoint such representation from a list submitted
14 by the county chairman of the minority party.
15 (c) Whenever a member of the board of county commissioners
16 is a candidate for nomination or election to any public office,
17 the President Judge of the Court of Common Pleas shall appoint a
18 judge or an elector of the county to serve in his stead.
19 Whenever there appears on the ballot a question relating to the
20 adoption of a Home Rule Charter for the county or amendments to
21 an existing county Home Rule Charter, the President Judge of the
22 Court of Common Pleas shall appoint judges or electors of the
23 county to serve in the stead of the county commissioners.
24 Appointees who are not currently elected office holders shall
25 receive compensation for such service as determined by the
26 salary board plus mileage as specified by the county for
27 expenses incurred when performing election board business.]
28 (d) In each county of the Commonwealth, the county board of
29 elections shall consist of five members all of whom shall be
30 appointed by the President Judge of the Court of Common Pleas.
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1 Two of the members appointed must be registered with the
2 Democratic Party, two of the members must be registered with the
3 Republican Party, while the fifth must be registered independent
4 or nonpartisan. The terms of office will be four years, except
5 for one Democratic and one Republican member, each of whom will
6 be initially appointed to a two-year term after which the terms
7 of office for those two positions will also become four years.
8 No member of a county board of elections shall hold any publicly
9 elected or appointed office or any office in any political party
10 or be a paid employee of the Federal or State government or any
11 political subdivision of this Commonwealth. Members of county
12 boards of elections shall serve without pay, but will receive
13 reimbursement for expenses or mileage accrued in completing any
14 and all tasks associated with their service. Counties of the
15 first class or counties that have adopted home rule charters or
16 optional plans providing for the appointment of the board of
17 elections will follow their charters or optional plans for
18 membership or other requirements of such board of elections.
19 (e) Whenever a member of the county board of elections
20 becomes a candidate for nomination or election to any public
21 office or accepts any governmental or party office, that member
22 must immediately resign from the board of elections and the
23 President Judge of the Court of Common Pleas shall appoint a
24 replacement to fulfill the term of office. The president judge
25 also will make appointments to fill any vacancies that arise in
26 the board of elections.
27 (f) Not later than ninety days before a primary election, a
28 member of a county board of elections must sign an oath
29 declaring that he will not be a candidate that year for public
30 office. If a member of a county board of elections plans to run
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1 for public office at any time during a calendar year, he must
2 sign a statement ninety days before a primary election and
3 immediately direct it to the President Judge of the Court of
4 Common Pleas declaring his intention to run for public office
5 that year. At that time of signing the statement declaring
6 intent to run for office, the member is then considered a
7 candidate for nomination or election to any public office. A
8 member of a county board of elections cannot become a candidate
9 if he does not sign and direct a statement to the president
10 judge ninety days before a primary election.
11 (g) A member of a county board of elections shall be
12 required to recuse himself or be removed by the President Judge
13 of the Court of Common Pleas and replaced by an appointment by
14 the president judge:
15 (1) from a matter in which the member has a personal bias or
16 prejudice;
17 (2) where the member has personal knowledge of disputed
18 evidentiary facts concerning a proceeding;
19 (3) from a matter which involves a person with whom the
20 member has a direct involvement, personally or financially;
21 (4) from a matter which involves a person with whom the
22 member is involved in a court case; or
23 (5) if any circumstances exist which would create an
24 appearance of impropriety.
25 (h) A member of a county board of elections shall be deemed
26 to have a direct personal involvement with his or her spouse or
27 a person with the third degree of relationship to either of them
28 or the spouse of such a person.
29 (i) A member of a county board of elections has a direct
30 financial involvement with a person who owns a part of, or is
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1 employed by, a business with which the member has been
2 associated within two years immediately preceding the time a
3 matter comes before the county board of elections if the
4 financial involvement was of more than a de minimis nature.
5 (j) (1) Members or employes of a county board of elections
6 may not actively participate in or contribute to a political
7 campaign or a political action committee supporting candidates
8 for elections which are under supervision of the county board of
9 elections by whom they are employed or hold an office or
10 actively participate in a political party to further a
11 candidacy.
12 (2) For purposes of this subsection, "active participation
13 in a campaign or a political party" includes attempting to
14 assist a candidate or nominee to obtain public office beyond the
15 normal office functions, soliciting support or information,
16 distributing campaign materials or advertisements, fundraising,
17 publicly supporting a candidate, participating in an organized
18 effort for the purpose of helping a candidate or nominee or
19 attending a fundraiser or dinner on behalf of a candidate. For
20 purposes of this subsection, "holding office in a political
21 party" includes serving as chair, vice chair, secretary,
22 treasurer or as a committee chair in any political party or a
23 member of any county party's executive committee; serving as a
24 member of a party's national, State or local committee.
25 (3) All complaints or other information that members or
26 staff of a county board of elections are actively participating
27 in or contributing to a political campaign, a political action
28 committee or are holding an office or actively participating in
29 a political party to further a candidacy must be directed to the
30 President Judge of the Court of Common Pleas. The president
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1 judge must have all complaints investigated. The president judge
2 must remove any member of a board of elections found to have
3 violated this section and must publicly recommend specific
4 action to be taken against any employes of a county board of
5 elections found to have violated this section.
6 (4) This subsection shall not be construed to abridge the
7 right of an employe or a member of a county board of elections
8 to vote or attend a debate, speech or similar event that is held
9 primarily for the purpose of communicating a candidate's
10 platform or position on issues of public concern.
11 Section 2. Section 303 of the act is amended to read:
12 Section 303. Decisions by Majority Vote; Employes.--
13 (a) All actions of a county board shall be decided by a
14 majority vote of all the members, except as may be otherwise
15 provided herein.
16 (b) Each county board may appoint a chief clerk, who shall
17 have authority to administer oaths and to sign vouchers, and
18 such other employes and assistants as, from time to time, the
19 board may deem necessary to carry out the provisions of this
20 act. [The county board may appoint the chief clerk and other
21 employes of the county commissioners to act as such for the
22 county board of elections without any additional compensation as
23 such.]
24 Section 3. The addition of section 301(d) and (e) of the act
25 shall apply at the start of the election cycle next beginning
26 after the effective date of this act.
27 Section 4. This act shall take effect as follows:
28 (1) Section 301(f), (g), (h), (i) and (j) of the act
29 shall take effect in 60 days.
30 (2) The remainder of this act shall take effect
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1 immediately.
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