PRIOR PRINTER'S NOS. 2185, 2813 PRINTER'S NO. 2949
No. 1760 Session of 1997
Report of the Committee of Conference
To the Members of the House of Representatives and Senate:
We, the undersigned, Committee of Conference on the part of
the House of Representatives and Senate for the purpose of
considering House Bill No. 1760, entitled:
"An act Repealing the act of May 13, 1925 (P.L.663, No.355),
entitled "An act providing for the enumeration of registered
persons in the Commonwealth, and the publication of a tabulation
thereof by the Secretary of the Commonwealth; and imposing
certain duties upon registrars, assessors, registry assessors,
and county commissioners." AMENDING THE ACT OF JUNE 30, 1995
(P.L.170, NO.25), ENTITLED 'AN ACT PROVIDING FOR VOTER
REGISTRATION, FOR REGISTRATION COMMISSIONS, FOR REMEDIES AND FOR
ABSENTEE BALLOTS; IMPOSING PENALTIES; MAKING APPROPRIATIONS; AND
MAKING REPEALS,' FURTHER PROVIDING FOR REPORTS; AND MAKING
REPEALS,"
respectfully submit the following bill as our report:
PAUL I. CLYMER
RON RAYMOND
(Committee on the part of the House of Representatives.)
F. JOSEPH LOEPER
CHARLES D. LEMMOND, JR.
(Committee on the part of the Senate.)
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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 eligibility for absentee
12 ballots, for the powers and duties of county boards of
13 election and the Secretary of the Commonwealth, for court
14 establishment of new election districts, for polling place
15 layouts, for voting machines, for special elections for
16 members of the General Assembly, for affidavits of
17 candidates, for objections to nomination filings, for ballot
18 number and samples and for absentee ballots; removing certain
19 jurisdiction from the courts; further providing for late
20 contributions and independent expenditures, for unlawful
21 possession and counterfeiting of ballots, for forged and
22 destroyed ballots, for perjury, for tampering with voting
23 machines, for illegal or unlawful voting, for denial of
24 voting, for election officer fraud, for election
25 interference, for violence at polls, for improper party
26 voting, for repeat voting, for removal of ballots, for
27 election bribery, for duress and intimidation of voters and
28 for absentee violations; and making repeals.
29 The General Assembly of the Commonwealth of Pennsylvania
30 hereby enacts as follows:
31 Section 1. Section 102(w) of the act of June 3, 1937
32 (P.L.1333, No.320), known as the Pennsylvania Election Code,
33 amended or added August 13, 1963 (P.L.707, No.379), December 11,
34 1968 (P.L.1183, No.375), May 5, 1986 (P.L.150, No.47) and
35 December 7, 1990 (P.L.681, No.169), is amended and the section
36 is amended by adding a clause to read:
37 Section 102. Definitions.--The following words, when used in
38 this act, shall have the following meanings, unless otherwise
39 clearly apparent from the context:
40 * * *
41 (w) The words "qualified absentee elector" shall mean:
42 (1) Any qualified elector who is or who may be in the
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1 military service of the United States regardless of whether at
2 the time of voting he is present in the election district of his
3 residence or is within or without this Commonwealth and
4 regardless of whether he is registered or enrolled; or
5 (2) Any qualified elector who is a spouse or dependent
6 residing with or accompanying a person in the military service
7 of the United States if at the time of voting such spouse or
8 dependent is absent from the [State or county] municipality of
9 his residence: Provided, however, That the said elector has been
10 registered or enrolled according to law or is entitled, under
11 provisions of the Permanent Registration Law as now or
12 hereinafter enacted by the General Assembly, to absentee
13 registration prior to or concurrently with the time of voting;
14 or
15 (3) Any qualified elector who is or who may be in the
16 service of the Merchant Marine of the United States if at the
17 time of voting he is absent from the [State or county]
18 municipality of his residence: Provided, however, That the said
19 elector has been registered or enrolled according to law or is
20 entitled, under provisions of the Permanent Registration Law as
21 now or hereinafter enacted by the General Assembly, to absentee
22 registration prior to or concurrently with the time of voting;
23 or
24 (4) Any qualified elector who is a spouse or dependent
25 residing with or accompanying a person who is in the service of
26 the Merchant Marine of the United States if at the time of
27 voting such spouse or dependent is absent from the [State or
28 county] municipality of his residence: Provided, however, That
29 the said elector has been registered or enrolled according to
30 law or is entitled, under provisions of the Permanent
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1 Registration Law as now or hereinafter enacted by the General
2 Assembly, to absentee registration prior to or concurrently with
3 the time of voting; or
4 (5) Any qualified elector who is or who may be in a
5 religious or welfare group officially attached to and serving
6 with the armed forces if at the time of voting he is absent from
7 the [State or county] municipality of his residence: Provided,
8 however, That the said elector has been registered or enrolled
9 according to law or is entitled, under provisions of the
10 Permanent Registration Law as now or hereinafter enacted by the
11 General Assembly, to absentee registration prior to or
12 concurrently with the time of voting; or
13 (6) Any qualified elector who is a spouse or dependent
14 residing with or accompanying a person in a religious or welfare
15 group officially attached to and serving with the armed forces
16 if at the time of voting such spouse or dependent is absent from
17 the [State or county] municipality of his residence: Provided,
18 however, That the said elector has been registered or enrolled
19 according to law or is entitled, under provisions of the
20 Permanent Registration Law as now or hereinafter enacted by the
21 General Assembly, to absentee registration prior to or
22 concurrently with the time of voting; or
23 (7) Any qualified elector who expects to be or is outside
24 the territorial limits of the several States of the United
25 States and the District of Columbia because his duties,
26 occupation or business require him to be elsewhere during the
27 entire period the polls are open for voting on the day of any
28 primary or election or who is or who may be a civilian employee
29 of the United States outside the territorial limits of the
30 several States of the United States and the District of
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1 Columbia, whether or not such elector is subject to civil-
2 service laws and the Classification Act of 1949 and whether or
3 not paid from funds appropriated by the Congress, if at the time
4 of voting he is absent from the [State or county] municipality
5 of his residence: Provided, however, That said elector has been
6 registered or enrolled according to law or is entitled, under
7 provisions of the Permanent Registration Law as now or
8 hereinafter enacted by the General Assembly, to absentee
9 registration prior to or concurrently with the time of voting;
10 or
11 (8) Any qualified elector who is a spouse or dependent
12 residing with or accompanying a person who expects to be or is
13 outside the territorial limits of the several States of the
14 United States and the District of Columbia because his duties,
15 occupation or business require him to be elsewhere during the
16 entire period the polls are open for voting on the day of any
17 primary or election or who is a spouse or dependent residing
18 with or accompanying a person who is a civilian employee of the
19 United States outside the territorial limits of the several
20 States of the United States and the District of Columbia whether
21 or not such person is subject to civil-service laws and the
22 Classification Act of 1949 and whether or not paid from funds
23 appropriated by the Congress if at the time of voting such
24 spouse or dependent is absent from the [State or county]
25 municipality of his residence: Provided, however, That the said
26 elector has been registered or enrolled according to law or is
27 entitled, under provisions of the Permanent Registration Law as
28 now or hereinafter enacted by the General Assembly, to absentee
29 registration prior to or concurrently with the time of voting;
30 or
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1 (9) Any qualified war veteran elector who is bedridden or
2 hospitalized due to illness or physical disability if he is
3 absent from the [Commonwealth or county] municipality of his
4 residence and unable to attend his polling place because of such
5 illness or physical disability regardless of whether he is
6 registered and enrolled; or
7 (10) Any qualified, registered and enrolled elector who
8 expects to be or is absent from the [Commonwealth or county]
9 municipality of his residence because his duties, occupation or
10 business require him to be elsewhere during the entire period
11 the polls are open for voting on the day of any primary or
12 election; or
13 (11) Any qualified, registered and enrolled elector who is
14 unable to attend his polling place because of illness or
15 physical disability; or
16 (12) Any qualified, registered and enrolled elector who is a
17 spouse or dependent accompanying a person employed in the
18 service of this Commonwealth or in the service of the Federal
19 Government within the territorial limits of the several States
20 of the United States and the District of Columbia in the event
21 the duties, profession or occupation of such person require him
22 to be absent from the [Commonwealth or county] municipality of
23 his residence; or
24 (13) Any qualified elector who is a county employe who
25 cannot vote due to duties on election day relating to the
26 conduct of the election; or
27 (14) Any qualified elector who will not attend a polling
28 place because of the observance of a religious holiday:
29 Provided, however, That the words "qualified absentee
30 elector" shall in nowise be construed to include persons
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1 confined in a penal institution or a mental institution nor
2 shall it in anywise be construed to include a person not
3 otherwise qualified as a qualified elector in accordance with
4 the definition set forth in section 102(t) of this act.
5 * * *
6 (z.4) The word "municipality" shall mean a city, borough,
7 incorporated town, township or any similar general purpose unit
8 of government which may be created by the General Assembly.
9 Section 2. Section 302(m) of the act, amended October 13,
10 1965 (P.L.579, No.299), is amended to read:
11 Section 302. Powers and Duties of County Boards.--The county
12 boards of elections, within their respective counties, shall
13 exercise, in the manner provided by this act, all powers granted
14 to them by this act, and shall perform all the duties imposed
15 upon them by this act, which shall include the following:
16 * * *
17 (m) To prepare and submit, [not less than twenty days prior
18 to] within twenty days after the last day to register to vote in
19 each primary, municipal and general election, a report to the
20 Secretary of the Commonwealth in the form prescribed by him,
21 which shall contain a statement of the total number of electors
22 registered in each election district, together with a breakdown
23 [by party registration] of registration by each political party
24 or other designation. Copies of said statement shall be
25 furnished, upon request, to the county chairman of each
26 political party and political body. The Secretary of the
27 Commonwealth shall forthwith submit such information to the
28 Legislative Data Processing Center and shall publicly report the
29 total number of registered electors for each political party or
30 other designation in each county not later than five days prior
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1 to the primary, municipal or general election.
2 * * *
3 Section 3. Sections 502, 503 and 504 of the act, amended
4 February 19, 1986 (P.L.29, No.11), are amended to read:
5 Section 502. Court to Create New Election Districts.--
6 Subject to the provisions of section 501 of this act, the court
7 of common pleas of the county in which the same are located, may
8 form or create new election districts by dividing or redividing
9 any borough, township, ward or election district into two or
10 more election districts of compact and contiguous territory,
11 having boundaries with clearly visible physical features and
12 wholly contained within any larger district from which any
13 Federal, State, county, municipal or school district officers
14 are elected, or alter the bounds of any election district, or
15 form an election district out of two or more adjacent districts
16 or parts of districts, or consolidate adjoining election
17 districts or form an election district out of two or more
18 adjacent wards, so as to suit the convenience of the electors
19 and to promote the public interests. [Election] Except for good
20 cause shown, election districts so formed shall [contain between
21 six hundred (600) and eight hundred (800)] not contain more than
22 one thousand two hundred (1,200) registered electors [as nearly
23 as may be]. No election district shall be formed that shall
24 contain less than one hundred (100) registered electors. When a
25 school district crosses county lines, the regions of the school
26 district shall be composed of contiguous election districts.
27 Section 503. Petitions for New Election Districts; Reference
28 to County Board of Elections; Report.--Upon the petition of
29 twenty registered electors of any township, borough, ward or
30 election district, to the court of the proper county, praying
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1 for the division or redivision of such township, borough, ward
2 or election district into two or more election districts, or for
3 the alteration of the bounds of any election district, or for
4 the formation of one or more election districts out of two or
5 more existing election districts, or parts thereof, or for the
6 consolidation of adjoining election districts, the said court
7 shall refer the said petition to the county board of elections,
8 which shall make a full investigation of the facts, and shall
9 report to the court its findings and recommendations as to the
10 division, redivision, alteration, formation or consolidation of
11 election districts prayed for. If the county board shall find
12 that a division, redivision, alteration, formation or
13 consolidation of election districts will promote the convenience
14 of the electors and the public interests, it shall recommend a
15 proper division, redivision, alteration, formation or
16 consolidation of election districts, which must have clearly
17 visible physical boundaries, and shall accompany its report with
18 a map and a verbal description of the boundaries[.], as well as
19 a certification of the number of electors registered in each of
20 the resulting election districts for the immediately preceding
21 general or municipal election. Such petitions may specify the
22 boundaries desired by the petitioners, and may be accompanied by
23 a map setting forth such boundaries. When petitioners request
24 specific boundaries their petition shall include a certification
25 from the county board of elections of the electors registered in
26 each proposed election district for the immediately preceding
27 general or municipal election.
28 Section 504. Petitions by County Board; Action by Court on
29 Petition or Report.--The county board of elections may also
30 petition the court for the division or redivision of any
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1 township, borough, ward or election district into two or more
2 election districts, or for the alteration of the bounds of any
3 election district, or for the formation of one or more election
4 districts out of two or more existing election districts, or
5 parts thereof, or for the consolidation of adjoining election
6 districts, accompanying its petition with a map and a verbal
7 description of the boundaries of the proposed new election
8 districts which must have clearly visible physical features. The
9 petition must also include a certification of the number of
10 electors registered in each of the resulting election districts
11 for the immediately preceding general or municipal election.
12 Upon the presentation of any such petition by the county board,
13 or upon the filing by the board of its report and
14 recommendations as to any petition presented by qualified
15 electors under the provisions of section 503 of this act, the
16 court may make such order for the division, redivision,
17 alteration, formation or consolidation of election districts, as
18 will, in its opinion, promote the convenience of electors and
19 the public interests: Provided, however, That the court shall
20 not make any final order for the division, redivision,
21 alteration, formation or consolidation of election districts
22 until at least ten days after notice shall have been posted in
23 at least five public and conspicuous places in the district or
24 districts to be affected thereby, one of which notices shall be
25 posted on or in the immediate vicinity of the polling place in
26 each such district. Such notice shall state in brief form the
27 division, redivision, alteration, formation or consolidation of
28 election districts recommended by the county board, the number
29 of electors registered in each district at the immediately
30 preceding general or municipal election, and the date upon which
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1 the same will be considered by the court, and shall contain a
2 warning that any person objecting thereto must file his
3 objections with the clerk of the court prior to such date. Upon
4 the making of any such final order by the court, a copy thereof
5 shall be certified by the clerk to the county board of
6 elections.
7 Section 4. Section 530(b) of the act is amended to read:
8 Section 530. Equipment and Arrangement of Polling Places;
9 Guard Rail; Number of Voting Compartments or Voting Machines.--
10 * * *
11 (b) The number of voting compartments to be furnished to each
12 polling place shall not be less than one for every [100 voters]
13 two hundred (200) registered qualified electors, or fraction
14 thereof[, and in no case less than three] in the election
15 district. The number of voting machines to be furnished [in
16 districts] to polling places in which voting machines are used
17 shall be not more than one machine for each three hundred and
18 fifty (350) registered [voters] electors, or fraction thereof,
19 nor less than one machine for each six hundred (600) registered
20 [voters] electors, or fraction thereof, in such election
21 district; Provided, however, That the court of common pleas
22 having jurisdiction, upon petition presented by either the
23 county election board or by ten (10) or more registered
24 qualified electors of an election district, may order that
25 additional voting machines or voting compartments be provided
26 for any such election district, if the court shall be of the
27 opinion that such additional voting machines or voting
28 compartments shall be necessary in such district for the
29 convenience of the electors and the public interests. The county
30 shall provide equal distribution of voting machines or voting
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1 compartments in election districts containing a similar number
2 of electors.
3 * * *
4 Section 5. Section 628 of the act, amended August 13, 1963
5 (P.L.707, No.379), is amended to read:
6 Section 628. Special Elections for Senator and
7 Representative in the General Assembly.--Whenever a vacancy
8 shall occur in either house of the General Assembly whether or
9 not it then be in session, the presiding officer of such house
10 shall, within ten (10) days after the happening of the vacancy,
11 issue a writ of election to the proper county board or boards of
12 election and to the Secretary of the Commonwealth, for a special
13 election to fill said vacancy, which election shall be held [on
14 a date named in the writ, which shall be not less than sixty
15 (60) days after the issuance of said writ. The presiding officer
16 may fix, in such writ of election, the date of the next ensuing
17 primary, municipal or general election as the date for holding
18 any such special election] at the next ensuing primary,
19 municipal or general election scheduled at least sixty (60) days
20 after the issuance of the writ or such other earlier date which
21 is at least sixty (60) days following the issuance of the writ
22 as the presiding officer may deem appropriate: Provided,
23 however, That should the Governor after the issuance of the said
24 writ of election advise the presiding officer that the General
25 Assembly will be called into extraordinary session prior to the
26 date set for such special election, the presiding officer may
27 countermand the writ theretofore issued and shall issue a new
28 writ of election, fixing therein such earlier date therefor as
29 is deemed expedient, but which shall not be less than sixty (60)
30 days after the issuance of said writ[.]: Provided further, That
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1 if the vacancy shall occur less than seven (7) months prior to
2 the expiration of the term, a special election shall be held
3 only if, in the opinion of the presiding officer, the election
4 is in the public interest.
5 Section 6. Section 630.1 of the act, amended February 19,
6 1986 (P.L.29, No.11), is amended to read:
7 Section 630.1. Affidavits of Candidates.--Each candidate for
8 any State, county, city, borough, incorporated town, township,
9 school district or poor district office, or for the office of
10 United States Senator or Representative in Congress, selected as
11 provided in section 630 of this act, shall file with the
12 nomination certificate an affidavit stating--(a) his residence,
13 with street and number, if any, and his post-office address; (b)
14 his election district, giving city, borough, town or township;
15 (c) the name of the office for which he consents to be a
16 candidate; (d) that he is eligible for such office; (e) that he
17 will not knowingly violate any provision of this act, or of any
18 law regulating and limiting election expenses and prohibiting
19 corrupt practices in connection therewith; (f) unless he is a
20 candidate for judge of a court of common pleas, the Philadelphia
21 Municipal Court or the Traffic Court of Philadelphia, or for the
22 office of school board in a district where that office is
23 elective or for the office of justice of the peace, that he is
24 not a candidate for the same office of any party or political
25 body other than the one designated in such certificate; and (g)
26 that he is aware of the provisions of section 1626 of this act
27 requiring election and post-election reporting of campaign
28 contributions and expenditures. [In cases of certificates for
29 candidates for the General Assembly, the candidate's affidavit
30 shall state (1) that the candidate will satisfy the eligibility
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1 requirements contained in sections 5 and 7 of Article II of the
2 Constitution of Pennsylvania; (2) (i) that, in the case of a
3 candidate for the office of Senator in the General Assembly, the
4 candidate will be twenty-five (25) years of age on or before the
5 first day of the term for which the candidate seeks election or
6 (ii) that, in the case of a candidate for the office of
7 Representative in the General Assembly, the candidate will be
8 twenty-one (21) years of age on or before the first day of the
9 term for which the candidate seeks election; (3) that the
10 candidate shall have been a citizen and an inhabitant of
11 Pennsylvania four (4) years and an inhabitant of the respective
12 district one (1) year next before the election (unless absent on
13 the public business of the United States or of this State); and
14 (4) that the candidate has not been convicted of embezzlement of
15 public moneys, bribery, perjury or other infamous crime.]
16 Section 7. Section 632 of the act, amended April 18, 1985
17 (P.L.5, No.4), is amended to read:
18 Section 632. Objections to Certificates of Nomination and
19 Nomination Papers Filed for a Special Election; Hearing;
20 Determination.--All certificates of nomination and nomination
21 papers to fill a vacancy as herein provided, which have been
22 accepted and filed shall be deemed to be valid, unless
23 objections thereto are duly made in writing and filed in the
24 court and with the officer or board with whom said nomination
25 certificates or papers were filed, and within three (3) days
26 next succeeding the last day for filing such certificates or
27 papers. [For purposes of this section, a certificate shall
28 include all affidavits required to be filed with such
29 certificate under this act.] Any objections shall set forth
30 specifically the matters objected to. Upon the filing of the
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1 objections, the court shall make an order fixing a time for
2 hearing, which shall not be later than seven (7) days after the
3 last day for filing nomination certificates or papers, and
4 specifying the time and manner of notice that shall be given to
5 the candidate named in the nomination certificate or paper
6 objected to. On the day fixed for said hearing, the court shall
7 proceed without delay to hear said objections, and shall give
8 such hearing precedence over any other business before it, and
9 shall finally determine said matter not later than twelve (12)
10 days after the last day for filing said nomination certificates
11 or papers. In determining such matter, the court shall be
12 governed in its order or decree by the provisions of section 977
13 of this act.
14 Section 8. Section 910 of the act, amended February 19, 1986
15 (P.L.29, No.11), is amended to read:
16 Section 910. Affidavits of Candidates.--Each candidate for
17 any State, county, city, borough, incorporated town, township,
18 ward, school district, poor district, election district, party
19 office, party delegate or alternate, or for the office of United
20 States Senator or Representative in Congress, shall file with
21 his nomination petition his affidavit stating--(a) his
22 residence, with street and number, if any, and his post-office
23 address; (b) his election district, giving city, borough, town
24 or township; (c) the name of the office for which he consents to
25 be a candidate; (d) that he is eligible for such office; (e)
26 that he will not knowingly violate any provision of this act, or
27 of any law regulating and limiting nomination and election
28 expenses and prohibiting corrupt practices in connection
29 therewith; (f) unless he is a candidate for judge of a court of
30 common pleas, the Philadelphia Municipal Court or the Traffic
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1 Court of Philadelphia, or for the office of school director in a
2 district where that office is elective or for the office of
3 justice of the peace that he is not a candidate for nomination
4 for the same office of any party other than the one designated
5 in such petition; (g) if he is a candidate for a delegate, or
6 alternate delegate, member of State committee, National
7 committee or party officer, that he is a registered and enrolled
8 member of the designated party; (h) if he is a candidate for
9 delegate or alternate delegate the presidential candidate to
10 whom he is committed or the term "uncommitted"; and (i) that he
11 is aware of the provisions of section 1626 of this act requiring
12 pre-election and post-election reporting of campaign
13 contributions and expenditures. [In cases of petitions for
14 candidates for the General Assembly, the candidate's affidavit
15 shall state (1) that the candidate will satisfy the eligibility
16 requirements contained in sections 5 and 7 of Article II of the
17 Constitution of Pennsylvania; (2) (i) that in the case of a
18 candidate for the office of Senator in the General Assembly that
19 the candidate will be twenty-five (25) years of age on or before
20 the first day of the term for which the candidate seeks election
21 or (ii) that in the case of a candidate for the office of
22 Representative in the General Assembly that the candidate will
23 be twenty-one (21) years of age on or before the first day of
24 the term for which the candidate seeks election; (3) that the
25 candidate shall have been a citizen and inhabitant of
26 Pennsylvania four (4) years and an inhabitant of the respective
27 district one (1) year next before the election (unless absent on
28 the public business of the United States or of this State); and
29 (4) that the candidate has not been convicted of embezzlement of
30 public moneys, bribery, perjury or other infamous crime.] In
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1 cases of petitions for delegate and alternate delegate to
2 National conventions, the candidate's affidavit shall state that
3 his signature to the delegate's statement, as hereinafter set
4 forth, if such statement is signed by said candidate, was
5 affixed to the sheet or sheets of said petition prior to the
6 circulation of same. In the case of a candidate for nomination
7 as President of the United States, it shall not be necessary for
8 such candidate to file the affidavit required in this section to
9 be filed by candidates, but the post-office address of such
10 candidate shall be stated in such nomination petition.
11 Section 9. Sections 951(e) and 977 of the act, amended April
12 18, 1985 (P.L.5, No.4), are amended to read:
13 Section 951. Nominations by Political Bodies.--* * *
14 (e) There shall be appended to each nomination paper offered
15 for filing an affidavit of each candidate nominated therein,
16 stating--(1) the election district in which he resides; (2) the
17 name of the office for which he consents to be a candidate; (3)
18 that he is eligible for such office; (4) that he will not
19 knowingly violate any provision of this act, or of any law
20 regulating and limiting election expenses, and prohibiting
21 corrupt practices in connection therewith; (5) that his name has
22 not been presented as a candidate by nomination petitions for
23 any public office to be voted for at the ensuing primary
24 election, nor has he been nominated by any other nomination
25 papers filed for any such office; (6) that in the case where he
26 is a candidate for election at a general or municipal election,
27 he was not a registered and enrolled member of a party thirty
28 (30) days before the primary held prior to the general or
29 municipal election in that same year; (7) that, in the case
30 where he is a candidate for election at a special election, he
19970H1760B2949 - 18 -
1 is not a registered and enrolled member of a party. [In cases of
2 papers for candidates for the General Assembly, the candidate's
3 affidavit shall state (i) that the candidate will satisfy the
4 eligibility requirements contained in sections 5 and 7 of
5 Article II of the Constitution of Pennsylvania; (ii) (a) that in
6 the case of a candidate for the office of Senator in the General
7 Assembly that the candidate will be twenty-five (25) years of
8 age on or before the first day of the term for which the
9 candidate seeks election or (b) that in the case of a candidate
10 for the office of Representative in the General Assembly that
11 the candidate will be twenty-one (21) years of age on or before
12 the first day of the term for which the candidate seeks
13 election; (iii) that the candidate shall have been a citizen and
14 inhabitant of Pennsylvania four (4) years and an inhabitant of
15 the respective district one (1) year next before the election
16 (unless absent on the public business of the United States or of
17 this State); and (iv) that the candidate has not been convicted
18 of embezzlement of public moneys, bribery, perjury or other
19 infamous crime.]
20 Section 977. Objections to Nomination Petitions and
21 Papers.--All nomination petitions and papers received and filed
22 within the periods limited by this act shall be deemed to be
23 valid, unless, within seven days after the last day for filing
24 said nomination petition or paper, a petition is presented to
25 the court specifically setting forth the objections thereto, and
26 praying that the said petition or paper be set aside. A copy of
27 said petition shall, within said period, be served on the
28 officer or board with whom said nomination petition or paper was
29 filed. Upon the presentation of such a petition, the court shall
30 make an order fixing a time for hearing which shall not be later
19970H1760B2949 - 19 -
1 than ten days after the last day for filing said nomination
2 petition or paper, and specifying the time and manner of notice
3 that shall be given to the candidate or candidates named in the
4 nomination petition or paper sought to be set aside. On the day
5 fixed for said hearing, the court shall proceed without delay to
6 hear said objections, and shall give such hearing precedence
7 over other business before it, and shall finally determine said
8 matter not later than fifteen (15) days after the last day for
9 filing said nomination petitions or papers. If the court shall
10 find that said nomination petition or paper is defective under
11 the provisions of section 976, or does not contain a sufficient
12 number of genuine signatures of electors entitled to sign the
13 same under the provisions of this act, or was not filed by
14 persons entitled to file the same, [or if any accompanying or
15 appended affidavit contains a material defect or error,] it
16 shall be set aside. [For purposes of this section, a nomination
17 petition or paper shall include all affidavits required to be
18 filed with such nomination petition or paper under this act.] If
19 the objections relate to material errors or defects apparent on
20 the face of the nomination petition or paper, [or on the face of
21 the accompanying or appended affidavits,] the court, after
22 hearing, may, in its discretion, permit amendments within such
23 time and upon such terms as to payment of costs, as the said
24 court may specify. In case any such petition is dismissed, the
25 court shall make such order as to the payment of the costs of
26 the proceedings, including witness fees, as it shall deem just.
27 If a person shall sign any nomination petitions or papers for a
28 greater number of candidates than he is permitted under the
29 provisions of this act, if said signatures bear the same date,
30 they shall, upon objections filed thereto, not be counted on any
19970H1760B2949 - 20 -
1 petition or paper and if they bear different dates, they shall
2 be counted in the order of their priority of date, for only so
3 many persons as there are candidates to be nominated or elected.
4 The office of the Prothonotary of the Commonwealth Court and the
5 office of the Secretary of the Commonwealth and the various
6 offices of prothonotary of the court of common pleas shall be
7 open between the hours of eight-thirty o'clock A.M. and five
8 o'clock P.M. on the last day to withdraw after filing nomination
9 petitions and on the last day to file objections to nomination
10 petitions.
11 Section 10. Section 981.1 of the act, amended February 19,
12 1986 (P.L.29, No.11), is amended to read:
13 Section 981.1. Affidavits of Candidates.--Each candidate for
14 any State, county, city, borough, incorporated town, township,
15 ward, school district, poor district or election district
16 office, or for the office of United States Senator or
17 Representative in Congress, selected as provided in sections 979
18 and 980 of this act, shall file with the substituted nomination
19 certificate an affidavit stating--(a) his residence, with street
20 and number, if any, and his post-office address; (b) his
21 election district, giving city, borough, town or township; (c)
22 the name of the office for which he consents to be a candidate;
23 (d) that he is eligible for such office; (e) that he will not
24 knowingly violate any provision of this act, or of any law
25 regulating and limiting election expenses and prohibiting
26 corrupt practices in connection therewith; (f) unless he is a
27 candidate for judge of a court of common pleas, the Philadelphia
28 Municipal Court or the Traffic Court of Philadelphia, or for the
29 office of school board in a district where that office is
30 elective or for the office of justice of the peace, that he is
19970H1760B2949 - 21 -
1 not a candidate for the same office of any party or political
2 body other than the one designated in such certificate; and (g)
3 that he is aware of the provisions of section 1626 of this act
4 requiring election and post-election reporting of campaign
5 contributions and expenditures. [In cases of certificates for
6 candidates for the General Assembly, the candidate's affidavit
7 shall state (1) that the candidate will satisfy the eligibility
8 requirements contained in sections 5 and 7 of Article II of the
9 Constitution of Pennsylvania; (2) (i) that, in the case of a
10 candidate for the office of Senator in the General Assembly, the
11 candidate will be twenty-five (25) years of age on or before the
12 first day of the term for which the candidate seeks election or
13 (ii) that, in the case of a candidate for the office of
14 Representative in the General Assembly, the candidate will be
15 twenty-one (21) years of age on or before the first day of the
16 term for which the candidate seeks election; (3) that the
17 candidate shall have been a citizen and an inhabitant of
18 Pennsylvania four (4) years and an inhabitant of the respective
19 district one (1) year next before the election (unless absent on
20 the public business of the United States or of this State); and
21 (4) that the candidate has not been convicted of embezzlement of
22 public moneys, bribery, perjury or other infamous crime.]
23 Section 11. Section 982 of the act, amended April 18, 1985
24 (P.L.5, No.4), is amended to read:
25 Section 982. Objections to Substituted Nomination
26 Certificates.--All substituted nomination certificates may be
27 objected to, as provided in section 977 of this act, except
28 objections to substituted nomination certificates must, in any
29 case, be filed within three (3) days after the filing of the
30 substituted nomination certificate: Provided, however, That no
19970H1760B2949 - 22 -
1 objections as to form and conformity to law, shall be received
2 after the day on which the printing of ballots is started. [For
3 purposes of this section, a certificate shall include all
4 affidavits required to be filed with such certificate under this
5 act.]
6 Section 12. Section 1007 of the act, amended August 13, 1963
7 (P.L.707, No.379), is amended to read:
8 Section 1007. Number of Ballots to Be Printed; Specimen
9 Ballots.--The county board of each county shall provide for each
10 election district in which a primary is to be held, one book of
11 fifty official ballots of each party for every forty-five
12 registered and enrolled [voters] electors of such party and
13 fraction thereof, appearing upon the district register, and
14 shall provide for each election district in which an election is
15 to be held one book of fifty official ballots for every forty-
16 five registered electors and fraction thereof appearing upon the
17 district register. [They may also, in addition to the number of
18 ballots required to be printed for general distribution, have
19 printed for each election district in which a primary is to be
20 held not less than one book of fifty official ballots of each
21 party for the use of the absentee electors and for each election
22 district in which an election is to be held not less than one
23 book of official ballots for the use of the absentee electors.]
24 They shall also, in addition to the number of ballots required
25 to be printed for general distribution, [have printed ten (10)
26 per centum of such number, to be known as reserve official
27 ballots, and, on tinted paper, two (2) per centum of such number
28 to be known as reserve specimen ballots, which ballots shall be
29 kept] maintain a sufficient supply of such ballots at the office
30 of the county board for the use of absentee electors and for the
19970H1760B2949 - 23 -
1 use of any district, the ballots for which may be lost,
2 destroyed or stolen. They shall also cause to be printed on
3 tinted paper, and without the facsimile endorsements, permanent
4 binding or stubs, copies of the form of ballots provided for
5 each [voting] polling place at each primary or election therein,
6 which shall be called specimen ballots, and which shall be of
7 the same size and form as the official ballots, and at each
8 election they shall deliver to the election officers, in
9 addition to the official ballots to be used at such election, a
10 suitable supply of specimen ballots for the use of the electors
11 [equal in number to one-fifth of the number of official ballots
12 delivered to such election officers]. At each primary, a
13 suitable supply of specimen ballots of each party shall be
14 furnished[, equal in number to one-fifth of the number of
15 official ballots of such party furnished to the election
16 officers as above provided].
17 Section 13. Section 1104(a) of the act, amended July 21,
18 1979 (P.L.189, No.63), is amended to read:
19 Section 1104. Installation of Voting Machines.--(a) (1) If
20 a majority of the qualified electors voting on the question
21 shall vote in the affirmative, the county election board of the
22 said county shall purchase for each election district of such
23 county, city, borough or township, one or more voting machines,
24 of a kind or kinds approved by the Secretary of the
25 Commonwealth, as hereinafter provided, and of sufficient
26 capacity to accommodate the names of a reasonable number of
27 candidates for all public and party offices which, under the
28 provisions of existing laws and party rules, are likely to be
29 voted for at any future election, and shall notify the Secretary
30 of the Commonwealth, in writing, that they have done so. The
19970H1760B2949 - 24 -
1 county election board shall provide machines in good working
2 order, and shall preserve and keep them in repair. Voting
3 machines of different kinds may be used for different election
4 districts in the same county, city, borough or township. In each
5 election district in which voting machines are used, the county
6 election board [may provide one voting machine for each three
7 hundred and fifty registered voters, or fraction thereof,
8 therein, and shall provide one voting machine for each six
9 hundred registered voters, or fraction thereof, therein:
10 Provided, however, That the courts of quarter sessions, upon
11 petition presented by either the county election board or by ten
12 or more qualified electors of any such election district, may
13 order that one additional voting machine be provided for any
14 such election district, if the court shall be of the opinion
15 that such additional voting machine shall be necessary in such
16 district for the convenience of the voters and the public
17 interests] shall provide an adequate number of voting machines
18 for the electors of the election district in accordance with
19 section 530.
20 (2) [In any city of the first class, whenever] Whenever
21 there shall be a number of candidates in a primary election so
22 great as to require voting machines limited to the candidates of
23 one political party, there shall be two voting machines of the
24 same kind in any district for any party which has more than
25 three hundred and fifty (350) registered [voters] qualified
26 electors in that district.
27 * * *
28 Section 14. Section 1301 of the act, amended December 11,
29 1968 (P.L.1183, No.375) and December 7, 1990 (P.L.681, No.169),
30 is amended to read:
19970H1760B2949 - 25 -
1 Section 1301. Qualified Absentee Electors.--The following
2 persons shall be entitled to vote by an official absentee ballot
3 in any primary or election held in this Commonwealth in the
4 manner hereinafter provided:
5 (a) Any qualified elector who is or who may be in the
6 military service of the United States regardless of whether at
7 the time of voting he is present in the election district of his
8 residence or is within or without this Commonwealth and
9 regardless of whether he is registered or enrolled; or
10 (b) Any qualified elector who is a spouse or dependent
11 residing with or accompanying a person in the military service
12 of the United States if at the time of voting such spouse or
13 dependent is absent from the [State or county] municipality of
14 his residence: Provided, however, That the said elector has been
15 registered or enrolled according to law or is entitled, under
16 provisions of the Permanent Registration Law as now or
17 hereinafter enacted by the General Assembly, to absentee
18 registration prior to or concurrently with the time of voting;
19 or
20 (c) Any qualified elector who is or who may be in the
21 service of the Merchant Marine of the United States if at the
22 time of voting he is absent from the [State or county]
23 municipality of his residence: Provided, however, That the said
24 elector has been registered or enrolled according to law or is
25 entitled, under provisions of the Permanent Registration Law as
26 now or hereinafter enacted by the General Assembly, to absentee
27 registration prior to or concurrently with the time of voting;
28 or
29 (d) Any qualified elector who is a spouse or dependent
30 residing with or accompanying a person who is in the service of
19970H1760B2949 - 26 -
1 the Merchant Marine of the United States if at the time of
2 voting such spouse or dependent is absent from the [State or
3 county] municipality of his residence: Provided, however, That
4 the said elector has been registered or enrolled according to
5 law or is entitled, under provisions of the Permanent
6 Registration Law as now or hereinafter enacted by the General
7 Assembly, to absentee registration prior to or concurrently with
8 the time of voting; or
9 (e) Any qualified elector who is or who may be in a
10 religious or welfare group officially attached to and serving
11 with the armed forces if at the time of voting he is absent from
12 the [State or county] municipality of his residence: Provided,
13 however, That the said elector has been registered or enrolled
14 according to law or is entitled, under provisions of the
15 Permanent Registration Law as now or hereinafter enacted by the
16 General Assembly, to absentee registration prior to or
17 concurrently with the time of voting; or
18 (f) Any qualified elector who is a spouse or dependent
19 residing with or accompanying a person in a religious or welfare
20 group officially attached to and serving with the armed forces
21 if at the time of voting such spouse or dependent is absent from
22 the [State or county] municipality of his residence: Provided,
23 however, That the said elector has been registered or enrolled
24 according to law or is entitled, under provisions of the
25 Permanent Registration Law as now or hereinafter enacted by the
26 General Assembly, to absentee registration prior to or
27 concurrently with the time of voting; or
28 (g) Any qualified elector who expects to be or is outside
29 the territorial limits of the several States of the United
30 States and the District of Columbia because his duties,
19970H1760B2949 - 27 -
1 occupation or business require him to be elsewhere during the
2 entire period the polls are open for voting on the day of any
3 primary or election or who is or who may be a civilian employee
4 of the United States outside the territorial limits of the
5 several States of the United States and the District of
6 Columbia, whether or not such elector is subject to civil-
7 service laws and the Classification Act of 1949 and whether or
8 not paid from funds appropriated by the Congress, if at the time
9 of voting he is absent from the [State or county] municipality
10 of his residence: Provided, however, That said elector has been
11 registered or enrolled according to law or is entitled, under
12 provisions of the Permanent Registration Law as now or
13 hereinafter enacted by the General Assembly, to absentee
14 registration prior to or concurrently with the time of voting;
15 or
16 (h) Any qualified elector who is a spouse or dependent
17 residing with or accompanying a person who expects to be or is
18 outside the territorial limits of the several States of the
19 United States and the District of Columbia because his duties,
20 occupation or business require him to be elsewhere during the
21 entire period the polls are open for voting on the day of any
22 primary or election or who is a spouse or dependent residing
23 with or accompanying a person who is a civilian employee of the
24 United States outside the territorial limits of the several
25 States of the United States and the District of Columbia,
26 whether or not such person is subject to civil-service laws and
27 the Classification Act of 1949 and whether or not paid from
28 funds appropriated by the Congress, if at the time of voting
29 such spouse or dependent is absent from the [State or county]
30 municipality of his residence: Provided, however, That the said
19970H1760B2949 - 28 -
1 elector has been registered or enrolled according to law or is
2 entitled, under provisions of the Permanent Registration Law as
3 now or hereinafter enacted by the General Assembly, to absentee
4 registration prior to or concurrently with the time of voting;
5 or
6 (i) Any qualified war veteran elector who is bedridden or
7 hospitalized due to illness or physical disability if he is
8 absent from the [Commonwealth or county] municipality of his
9 residence and unable to attend his polling place because of such
10 illness or physical disability regardless of whether he is
11 registered and enrolled; or
12 (j) Any qualified registered and enrolled elector who
13 expects to be or is absent from the [Commonwealth or county]
14 municipality of his residence because his duties, occupation or
15 business require him to be elsewhere during the entire period
16 the polls are open for voting on the day of any primary or
17 election; or
18 (k) Any qualified registered and enrolled elector who
19 because of illness or physical disability is unable to attend
20 his polling place or operate a voting machine and secure
21 assistance by distinct and audible statement as required in
22 section 1218 of this act;
23 (l) Any qualified registered and enrolled elector who is a
24 spouse or dependent accompanying a person employed in the
25 service of this Commonwealth or in the service of the Federal
26 Government within the territorial limits of the several States
27 of the United States and the District of Columbia in the event
28 the duties, profession or occupation of such person require him
29 to be absent from the [Commonwealth or county] municipality of
30 his residence; or
19970H1760B2949 - 29 -
1 (m) Any qualified elector who is a county employe who cannot
2 vote due to duties on election day relating to the conduct of
3 the election; or
4 (n) Any qualified elector who will not attend a polling
5 place because of the observance of a religious holiday:
6 Provided, however, That the words "qualified absentee
7 elector" shall in nowise be construed to include persons
8 confined in a penal institution or a mental institution nor
9 shall it in anywise be construed to include a person not
10 otherwise qualified as a qualified elector in accordance with
11 the definition set forth in section 102(t) of this act.
12 Section 15. Section 1302 of the act, amended December 11,
13 1968 (P.L.1183, No.375), July 12, 1980 (P.L.649, No.134) and May
14 5, 1986 (P.L.150, No.47), is amended to read:
15 Section 1302. Applications for Official Absentee Ballots.--
16 (a) Any qualified elector defined in preceding section 1301,
17 subsections (a) to (h), inclusive, may apply at any time before
18 any primary or election for any official absentee ballot in
19 person, on any form supplied by the Federal Government, or on
20 any official county board of election form addressed to the
21 Secretary of the Commonwealth of Pennsylvania or the county
22 board of election of the county in which his voting residence is
23 located.
24 (b) The application shall contain the following information:
25 Home residence at the time of entrance into actual military
26 service or Federal employment, length of time a citizen, length
27 of residence in Pennsylvania, date of birth, length of time a
28 resident of voting district, voting district if known, party
29 choice in case of primary, name and, for a military elector, his
30 stateside military address, FPO or APO number and serial number.
19970H1760B2949 - 30 -
1 Any elector other than a military elector shall in addition
2 specify the nature of his employment, the address to which
3 ballot is to be sent, relationship where necessary, and such
4 other information as may be determined and prescribed by the
5 Secretary of the Commonwealth. When such application is received
6 by the Secretary of the Commonwealth it shall be forwarded to
7 the proper county board of election.
8 (c) The application of any qualified military elector, as
9 defined in preceding section 1301 subsection (a), for an
10 official absentee ballot in any primary or election may not be
11 made over the signature of any person, other than the qualified
12 elector or an adult member of his immediate family, as required
13 in the preceding subsection.
14 (d) The application of any qualified elector, as defined in
15 preceding section 1301, subsections (b) to (h), inclusive, for
16 an official absentee ballot in any primary or election shall be
17 signed by the applicant.
18 (e) Any qualified bedridden or hospitalized veteran absent
19 from the [State or county] municipality of his residence and
20 unable to attend his polling place because of such illness or
21 physical disability, regardless of whether he is registered or
22 enrolled, may apply at any time before any primary or election
23 for an official absentee ballot on any official county board of
24 election form addressed to the Secretary of the Commonwealth of
25 Pennsylvania or the county board of elections of the county in
26 which his voting residence is located.
27 The application shall contain the following information:
28 Residence at the time of becoming bedridden or hospitalized,
29 length of time a citizen, length of residence in Pennsylvania,
30 date of birth, length of time a resident in voting district,
19970H1760B2949 - 31 -
1 voting district if known, party choice in case of primary, name
2 and address of present residence or hospital at which
3 hospitalized. When such application is received by the Secretary
4 of the Commonwealth, it shall be forwarded to the proper county
5 board of elections.
6 The application for an official absentee ballot for any
7 primary or election shall be made on information supplied over
8 the signature of the bedridden or hospitalized veteran as
9 required in the preceding subsection. Any qualified registered
10 elector, including a spouse or dependent referred to in
11 subsection (l) of section 1301, who expects to be or is absent
12 from the [Commonwealth or county] municipality of his residence
13 because his duties, occupation or business require him to be
14 elsewhere on the day of any primary or election and any
15 qualified registered elector who is unable to attend his polling
16 place on the day of any primary or election because of illness
17 or physical disability and any qualified registered bedridden or
18 hospitalized veteran in the county of residence, or in the case
19 of a county employe who cannot vote due to duties on election
20 day relating to the conduct of the election, or in the case of a
21 person who will not attend a polling place because of the
22 observance of a religious holiday, may apply to the county board
23 of elections of the county in which his voting residence is
24 located for an Official Absentee Ballot. Such application shall
25 be made upon an official application form supplied by the county
26 board of elections. Such official application form shall be
27 determined and prescribed by the Secretary of the Commonwealth
28 of Pennsylvania.
29 (1) The application of any qualified registered elector,
30 including spouse or dependent referred to in subsection (l) of
19970H1760B2949 - 32 -
1 section 1301, who expects to be or is absent from the
2 [Commonwealth or county] municipality of his residence because
3 his duties, occupation or business require him to be elsewhere
4 on the day of any primary or election, or in the case of a
5 county employe who cannot vote due to duties on election day
6 relating to the conduct of the election, or in the case of a
7 person who will not attend a polling place because of the
8 observance of a religious holiday, shall be signed by the
9 applicant and shall include the surname and given name or names
10 of the applicant, his occupation, date of birth, length of time
11 a resident in voting district, voting district if known, place
12 of residence, post office address to which ballot is to be
13 mailed, the reason for his absence, and such other information
14 as shall make clear to the county board of elections the
15 applicant's right to an official absentee ballot.
16 (2) The application of any qualified registered elector who
17 is unable to attend his polling place on the day of any primary
18 or election because of illness or physical disability and the
19 application of any qualified registered bedridden or
20 hospitalized veteran in the county of residence shall be signed
21 by the applicant and shall include surname and given name or
22 names of the applicant, his occupation, date of birth, residence
23 at the time of becoming bedridden or hospitalized, length of
24 time a resident in voting district, voting district if known,
25 place of residence, post office address to which ballot is to be
26 mailed, and such other information as shall make clear to the
27 county board of elections the applicant's right to an official
28 ballot. In addition, the application of such electors shall
29 include a declaration stating the nature of their disability or
30 illness, and the name, office address and office telephone
19970H1760B2949 - 33 -
1 number of their attending physician: Provided, however, That in
2 the event any elector entitled to an absentee ballot under this
3 subsection be unable to sign his application because of illness
4 or physical disability, he shall be excused from signing upon
5 making a statement which shall be witnessed by one adult person
6 in substantially the following form: I hereby state that I am
7 unable to sign my application for an absentee ballot without
8 assistance because I am unable to write by reason of my illness
9 or physical disability. I have made or have received assistance
10 in making my mark in lieu of my signature.
11 ............................... ......................(Mark)
12 (Date)
13 ............................... ............................
14 (Complete Address of Witness) (Signature of Witness)
15 (e.1) Any qualified registered elector, including any
16 qualified bedridden or hospitalized veteran, who is unable
17 because of illness or physical disability to attend his polling
18 place on the day of any primary or election or operate a voting
19 machine and state distinctly and audibly that he is unable to do
20 so as required by section 1218 of this act may, with the
21 certification by his attending physician that he is permanently
22 disabled, and physically unable to attend the polls or operate a
23 voting machine and make the distinct and audible statement
24 required by section 1218 appended to the application
25 hereinbefore required, be placed on a permanently disabled
26 absentee ballot list file. An absentee ballot application shall
27 be mailed to every such person for each primary or election so
28 long as he does not lose his voting rights by failure to vote as
29 otherwise required by this act. Such person shall not be
30 required to file a physician's certificate of disability with
19970H1760B2949 - 34 -
1 each application as required in subsection (e) of this section
2 but such person must submit a written statement asserting
3 continuing disability every four years in order to maintain his
4 eligibility to vote under the provisions of this subsection.
5 Should any such person lose his disability he shall inform the
6 county board of elections of the county of his residence.
7 (e.2) Notwithstanding the other provisions of this act any
8 qualified elector who expects to be or is absent from the
9 [Commonwealth or county] municipality of his residence because
10 his duties, occupation or business require him to be elsewhere
11 on the day of any election or a county employe who cannot vote
12 due to duties on election day relating to the conduct of the
13 election or a person who will not attend a polling place because
14 of the observance of a religious holiday may make an application
15 for an absentee ballot by mail by sending a letter to the county
16 board of elections in the county in which his voting residence
17 is located. The letter shall be signed by the applicant and
18 contain his name and place of residence.
19 (f) The county chairman of each political party or the head
20 of each political body shall designate one representative from
21 his respective political party or body for each public
22 institution. The representatives so appointed shall, at the same
23 time on a date fixed by the county board of election visit every
24 public institution situate in the county for the purpose of
25 obtaining the names and addresses of public institution
26 residents who desire to receive applications for absentee
27 ballots and to act as an election board as provided in
28 subsection (g) of this section. The list of names and addresses
29 thus obtained shall then be submitted by said representatives to
30 the board which shall furnish applications individually to those
19970H1760B2949 - 35 -
1 appearing in the written request. If the chairman or head of a
2 political party or body fails to appoint a representative within
3 fifteen days from written notice from the county board of
4 election, the county board of election shall appoint a
5 representative from the political party or body.
6 (g) The county board of election shall appoint teams of
7 three members for each public institution that shall go to the
8 public institutions and hold the election on the first Friday
9 prior to election day. Each member of the board shall appoint
10 one member on every team. After the votes are cast, the teams
11 shall collect the ballots and return them to the county board of
12 election where they shall be placed unopened in a secure, safe
13 and sealed container in the custody of the board until they
14 shall be distributed to the respective absentee voters' election
15 district as provided in section 1308 of this act where they
16 shall be counted with the other absentee ballots, if any.
17 (h) The county board of election shall number, in
18 chronological order, the applications for an official absentee
19 ballot, which number shall likewise appear on the official
20 absentee ballot for the qualified elector. The numbers shall
21 appear legibly and in a conspicuous place but before the ballots
22 are distributed the number on the ballot shall be torn off by
23 the county board of election. This number information shall be
24 appropriately inserted and become a part of the Registered
25 Absentee Voters File and the Military, Veterans and Emergency
26 Civilian Absentee Voters File provided in section 1302.3 of this
27 act.
28 (i) Application for official absentee ballots shall be on
29 forms prescribed by the Secretary of the Commonwealth. The
30 application shall state that a voter who receives an absentee
19970H1760B2949 - 36 -
1 ballot pursuant to section 1301 and who, on election day, is
2 capable of voting at the appropriate polling place must void the
3 absentee ballot and vote in the normal manner at the appropriate
4 voting place. Such forms shall be made freely available to the
5 public at county board of elections, municipal buildings and at
6 such other locations designated by the secretary. No written
7 application or personal request shall be necessary to receive
8 the application forms. Copies of all completed applications for
9 official absentee ballots shall be retained by the county board
10 of elections.
11 Section 16. Sections 1302.1, 1306 and 1308(e) of the act,
12 amended December 11, 1968 (P.L.1183, No.375), are amended to
13 read:
14 Section 1302.1. Date of Application for Absentee Ballot.--
15 Applications for absentee ballots unless otherwise specified
16 shall be received in the office of the county board of elections
17 not earlier than fifty (50) days before the primary or election
18 and not later than five o'clock P.M. of the first Tuesday prior
19 to the day of any primary or election: Provided, however, That
20 in the event any elector otherwise qualified who is so
21 physically disabled or ill on or before the first Tuesday prior
22 to any primary or election that he is unable to file his
23 application or who becomes physically disabled or ill after the
24 first Tuesday prior to any primary or election and is unable to
25 appear at his polling place or any elector otherwise qualified
26 who because of the conduct of his business, duties or occupation
27 will necessarily be absent from the [State or county]
28 municipality of his residence on the day of the primary or
29 election, which fact was not and could not reasonably be known
30 to said elector on or before the first Tuesday prior to any
19970H1760B2949 - 37 -
1 primary or election, shall be entitled to an absentee ballot at
2 any time prior to five o'clock P.M. on the first Friday
3 preceding any primary or election upon execution of an Emergency
4 Application in such form prescribed by the Secretary of the
5 Commonwealth.
6 In the case of an elector who is physically disabled or ill
7 on or before the first Tuesday prior to a primary or election or
8 becomes physically disabled or ill after the first Tuesday prior
9 to a primary or election, such Emergency Application shall
10 contain a supporting affidavit from his attending physician
11 stating that due to physical disability or illness said elector
12 was unable to apply for an absentee ballot on or before the
13 first Tuesday prior to the primary or election or became
14 physically disabled or ill after that period.
15 In the case of an elector who is necessarily absent because
16 of the conduct of his business, duties or occupation under the
17 unforeseen circumstances specified in this subsection, such
18 Emergency Application shall contain a supporting affidavit from
19 such elector stating that because of the conduct of his
20 business, duties or occupation said elector will necessarily be
21 absent from the [State or county] municipality of his residence
22 on the day of the primary or election which fact was not and
23 could not reasonably be known to said elector on or before the
24 first Tuesday prior to the primary or election.
25 Section 1306. Voting by Absentee Electors.--(a) At any time
26 after receiving an official absentee ballot, but on or before
27 five o'clock P. M. on the Friday prior to the primary or
28 election, the elector shall, in secret, proceed to mark the
29 ballot only in black lead pencil, indelible pencil or blue,
30 black or blue-black ink, in fountain pen or ball point pen, and
19970H1760B2949 - 38 -
1 then fold the ballot, enclose and securely seal the same in the
2 envelope on which is printed, stamped or endorsed "Official
3 Absentee Ballot." This envelope shall then be placed in the
4 second one, on which is printed the form of declaration of the
5 elector, and the address of the elector's county board of
6 election and the local election district of the elector. The
7 elector shall then fill out, date and sign the declaration
8 printed on such envelope. Such envelope shall then be securely
9 sealed and the elector shall send same by mail, postage prepaid,
10 except where franked, or deliver it in person to said county
11 board of election:
12 Provided, however, That any elector, spouse of the elector or
13 dependent of the elector, qualified in accordance with the
14 provisions of section 1301, subsections (e), (f), (g) and (h) to
15 vote by absentee ballot as herein provided, shall be required to
16 include on the form of declaration a supporting declaration in
17 form prescribed by the Secretary of the Commonwealth, to be
18 signed by the head of the department or chief of division or
19 bureau in which the elector is employed, setting forth the
20 identity of the elector, spouse of the elector or dependent of
21 the elector:
22 Provided further, That any elector who has filed his
23 application in accordance with section 1302 subsection (e) (2),
24 and is unable to sign his declaration because of illness or
25 physical disability, shall be excused from signing upon making a
26 declaration which shall be witnessed by one adult person in
27 substantially the following form: I hereby declare that I am
28 unable to sign my declaration for voting my absentee ballot
29 without assistance because I am unable to write by reason of my
30 illness or physical disability. I have made or received
19970H1760B2949 - 39 -
1 assistance in making my mark in lieu of my signature.
2 .....................(Mark)
3 ...................................
4 (Date)
5 ...............................
6 (Signature of Witness)
7 ...................................
8 (Complete Address of Witness)
9 (b) In the event that any such elector, excepting an elector
10 in military service or any elector unable to go to his polling
11 place because of illness or physical disability, entitled to
12 vote an official absentee ballot shall be in the [county]
13 municipality of his residence on the day for holding the primary
14 or election for which the ballot was issued, or in the event any
15 such elector shall have recovered from his illness or physical
16 disability sufficiently to permit him to present himself at the
17 proper polling place for the purpose of casting his ballot, such
18 absentee ballot cast by such elector shall, be declared void.
19 Any such elector referred to in this subsection, who is
20 within the [county] municipality of his residence must present
21 himself at his polling place and, shall be permitted to vote
22 upon presenting himself at his regular polling place in the same
23 manner as he could have voted had he not received an absentee
24 ballot: Provided, That such elector has first presented himself
25 to the judge of elections in his local election district and
26 shall have signed the affidavit on the absentee voter's
27 temporary registration card, which affidavit shall be in
28 substantially the following form:
29 I hereby swear that I am a qualified registered elector who
30 has obtained an absentee ballot, however, I am present in the
19970H1760B2949 - 40 -
1 [county] municipality of my residence and physically able to
2 present myself at my polling place and therefore request that my
3 absentee ballot be voided.
4 ..............................
5 (Date) (Signature of Elector)
6 .........................................
7 (Local Judge of Elections)
8 An elector who has received an absentee ballot under the
9 emergency application provisions of section 1302.1, and for
10 whom, therefore, no temporary absentee voter's registration card
11 is in the district register, shall sign the aforementioned
12 affidavit in any case, which the local judge of elections shall
13 then cause to be inserted in the district register with the
14 elector's permanent registration card.
15 Section 1308. Canvassing of Official Absentee Ballots.--
16 * * *
17 (e) At such time the local election board shall then further
18 examine the declaration on each envelope not so set aside and
19 shall compare the information thereon with that contained in the
20 "Registered Absentee Voters File," the absentee voters' list and
21 the "Military Veterans and Emergency Civilians Absentee Voters
22 File." If the local election board is satisfied that the
23 declaration is sufficient and the information contained in the
24 "Registered Absentee Voters File," the absentee voters' list and
25 the "Military Veterans and Emergency Civilians Absentee Voters
26 File" verifies his right to vote, the local election board shall
27 announce the name of the elector and shall give any watcher
28 present an opportunity to challenge any absentee elector upon
29 the ground or grounds (1) that the absentee elector is not a
30 qualified elector; or (2) that the absentee elector was within
19970H1760B2949 - 41 -
1 the [county] municipality of his residence on the day of the
2 primary or election during the period the polls were open,
3 except where he was in military service or except in the case
4 where his ballot was obtained for the reason that he was unable
5 to appear personally at the polling place because of illness or
6 physical disability; or (3) that the absentee elector was able
7 to appear personally at the polling place on the day of the
8 primary or election during the period the polls were open in the
9 case his ballot was obtained for the reason that he was unable
10 to appear personally at the polling place because of illness or
11 physical disability. Upon challenge of any absentee elector, as
12 set forth herein the local election board shall mark
13 "challenged" on the envelope together with the reason or reasons
14 therefor, and the same shall be set aside for return to the
15 county board unopened pending decision by the county board and
16 shall not be counted. All absentee ballots not challenged for
17 any of the reasons provided herein shall be counted and included
18 with the general return of paper ballots or voting machines, as
19 the case may be as follows. Thereupon, the local election board
20 shall open the envelope of every unchallenged absentee elector
21 in such manner as not to destroy the declaration executed
22 thereon. All of such envelopes on which are printed, stamped or
23 endorsed the words "Official Absentee Ballot" shall be placed in
24 one or more depositories at one time and said depository or
25 depositories well shaken and the envelopes mixed before any
26 envelope is taken therefrom. If any of these envelopes shall
27 contain any extraneous marks or identifying symbols other than
28 the words "Official Absentee Ballot," the envelopes and the
29 ballots contained therein shall be set aside and declared void.
30 The local election board shall then break the seals of such
19970H1760B2949 - 42 -
1 envelopes, remove the ballots and record the votes in the same
2 manner as district election officers are required to record
3 votes. With respect to the challenged ballots, they shall be
4 returned to the county board with the returns of the local
5 election district where they shall be placed unopened in a
6 secure, safe and sealed container in the custody of the county
7 board until it shall fix a time and place for a formal hearing
8 of all such challenges and notice shall be given where possible
9 to all absentee electors thus challenged and to every attorney,
10 watcher or candidate who made such challenge. The time for the
11 hearing shall not be later than seven (7) days after the date of
12 said challenge. On the day fixed for said hearing, the county
13 board shall proceed without delay to hear said challenges and,
14 in hearing the testimony, the county board shall not be bound by
15 technical rules of evidence. The testimony presented shall be
16 stenographically recorded and made part of the record of the
17 hearing. The decision of the county board in upholding or
18 dismissing any challenge may be reviewed by the court of common
19 pleas of the county upon a petition filed by any person
20 aggrieved by the decision of the county board. Such appeal shall
21 be taken, within two (2) days after such decision shall have
22 been made, whether reduced to writing or not, to the court of
23 common pleas setting forth the objections to the county board's
24 decision and praying for an order reversing same. Pending the
25 final determination of all appeals, the county board shall
26 suspend any action in canvassing and computing all challenged
27 ballots irrespective of whether or not appeal was taken from the
28 county board's decision. Upon completion of the computation of
29 the returns of the county, the votes cast upon the challenged
30 official absentee ballots shall be added to the other votes cast
19970H1760B2949 - 43 -
1 within the county.
2 * * *
3 Section 17. Section 1628 of the act, amended July 11, 1980
4 (P.L.600, No.128), is amended to read:
5 Section 1628. Late Contributions and Independent
6 Expenditures.--
7 Any candidate or political committee, authorized by a
8 candidate and created solely for the purpose of influencing an
9 election on behalf of that candidate, which receives any
10 contribution or pledge of five hundred dollars ($500) or more,
11 and any person making an independent expenditure, as defined by
12 this act, of five hundred dollars ($500) or more after the final
13 pre-election report has been deemed completed shall report such
14 contribution, pledge or expenditure to the appropriate
15 supervisor [by telegram or mailgram]. Such [telegram or
16 mailgram] report shall be sent by the candidate, chairman or
17 treasurer of the political committee within twenty-four (24)
18 hours of receipt of the contribution. It shall be the duty of
19 the supervisor to confirm the substance of such [telegram or
20 mailgram.] report. The report shall be made by telegram,
21 mailgram, overnight mail or facsimile transmission. Any
22 candidate in his own behalf, or chairman, treasurer or candidate
23 in behalf of the political committee may also comply with this
24 section by appearing personally before such supervisor and
25 reporting such late contributions or pledges.
26 Section 18. Sections 1802, 1816, 1817, 1818, 1823, 1824,
27 1825, 1827, 1828, 1829, 1833 and 1834 of the act are amended to
28 read:
29 Section 1802. Perjury.--Any wilful false statement made
30 under oath or affirmation or in writing, stating that it is so
19970H1760B2949 - 44 -
1 made, although such oath or affirmation may not have actually
2 been made, by any person regarding any material matter or thing
3 relating to any subject being investigated, heard, determined or
4 acted upon by any county board of elections, or member thereof,
5 or by any court or judge thereof, judge of election, inspector
6 of election, or overseer, in accordance with the terms of this
7 act, shall be perjury, a misdemeanor of the first degree, and
8 any person upon conviction thereof, shall be sentenced to pay a
9 fine not exceeding [five hundred ($500) dollars] ten thousand
10 ($10,000) dollars, or to undergo an imprisonment of not [less
11 than three (3) months nor more than two (2) years] more than
12 five (5) years, or both, in the discretion of the court.
13 Section 1816. Unlawful Possession of Ballots; Counterfeiting
14 Ballots.--Any person other than an officer charged by law with
15 the care of ballots, or a person entrusted by any such officer
16 with the care of the same for a purpose required by law, who
17 shall have in his possession outside the polling place any
18 official ballot, or any person who shall make or have in his
19 possession any counterfeit of an official ballot, shall be
20 guilty of a misdemeanor of the second degree, and, upon
21 conviction thereof, shall be sentenced to pay a fine not
22 exceeding [one thousand ($1,000)] five thousand ($5,000)
23 dollars, or to undergo an imprisonment of not [less than three
24 (3) months nor] more than [one (1) year] two (2) years, or both,
25 in the discretion of the court.
26 Section 1817. Forging and Destroying Ballots.--Any person
27 who shall forge or falsely make the official endorsement on any
28 ballot or wilfully destroy or deface any ballot or wilfully
29 delay the delivery of any ballots, shall be guilty of a
30 misdemeanor of the second degree, and, upon conviction thereof,
19970H1760B2949 - 45 -
1 shall be sentenced to pay a fine not exceeding [one thousand
2 ($1,000)] five thousand ($5,000) dollars, or to undergo an
3 imprisonment of not [less than three (3) months nor] more than
4 two (2) years, or both, in the discretion of the court.
5 Section 1818. Tampering with Voting Machines.--Any election
6 officer or other person who shall unlawfully open or who shall
7 tamper with or injure or attempt to injure any voting machine to
8 be used or being used at any primary or election, or who shall
9 prevent or attempt to prevent the correct operation of such
10 machine, or any unauthorized person who shall make or have in
11 his possession a key to a voting machine to be used or being
12 used in any primary or election, shall be guilty of a
13 misdemeanor of the second degree, and, upon conviction thereof,
14 shall be sentenced to pay a fine not exceeding [one thousand
15 ($1,000)] five thousand ($5,000) dollars, or to undergo an
16 imprisonment of not [less than six (6) months nor] more than
17 [one year] two (2) years, or both, in the discretion of the
18 court.
19 Section 1823. Election Officers Permitting Unregistered
20 Electors to Vote; Challenges; Refusing to Permit Qualified
21 Electors to Vote.--Any judge or inspector of election who
22 permits any person to vote at any primary or election who is not
23 registered in accordance with law, except a person in actual
24 military service or a person as to whom a court of competent
25 jurisdiction has ordered that he shall be permitted to vote, or
26 who permits any registered elector to vote knowing that such
27 registered elector is not qualified to vote, whether or not such
28 person has been challenged, or who permits any person who has
29 been lawfully challenged to vote at any primary or election
30 without requiring the proof of the right of such person to vote
19970H1760B2949 - 46 -
1 which is required by law, or who refuses to permit any duly
2 registered and qualified elector to vote at any primary or
3 election, with the knowledge that such elector is entitled to
4 vote, shall be guilty of a [misdemeanor] felony of the third
5 degree, and, upon conviction thereof, shall be sentenced to pay
6 a fine not exceeding [one thousand ($1,000)] fifteen thousand
7 ($15,000) dollars, and to undergo an imprisonment of not [less
8 than three (3) months nor] more than [five (5)] seven (7) years,
9 or both.
10 Section 1824. Election Officers Refusing to Permit Elector
11 to Vote in Proper Party at Primaries.--Any judge, inspector or
12 clerk of election who refuses to permit an elector at any
13 primary at which ballots are used to receive the ballot of the
14 party with which he is enrolled, or who gives to any such
15 elector the ballot of any party in which he is not enrolled, or
16 any judge, or inspector of election, or machine inspector who,
17 at any primary at which voting machines are used, adjusts any
18 voting machine about to be used by an elector so as not to
19 permit him to vote for the candidates of the party in which he
20 is enrolled, or so as to permit him to vote for the candidates
21 of any party in which he is not enrolled, shall be guilty of a
22 misdemeanor of the first degree, and, upon conviction thereof,
23 shall be sentenced to pay a fine not exceeding [one thousand
24 ($1,000)] ten thousand ($10,000) dollars, or to undergo an
25 imprisonment of not [less than one (1) month nor] more than [two
26 (2)] five (5) years, or both, in the discretion of the court.
27 Section 1825. Frauds by Election Officers.--Any judge,
28 inspector or clerk of election or machine inspector who shall be
29 guilty of any wilful fraud in the conduct of his duties at a
30 primary or election, and any person who shall make a false
19970H1760B2949 - 47 -
1 return of the votes cast at any primary or election, or who
2 shall deposit fraudulent ballots in the ballot box or certify as
3 correct a return of ballots in the ballot box which he knows to
4 be fraudulent, or who shall register fraudulent votes upon any
5 voting machine or certify as correct a return of votes cast upon
6 any voting machine which he knows to be fraudulently registered
7 thereon, or who shall make any false entries in the district
8 register, or who shall fail to insert in the voting check list
9 the voter's certificate of any elector actually voting at any
10 primary or election, or who shall fail to record voting
11 information as required herein, or who shall fail to insert in
12 the numbered lists of voters the name of any person actually
13 voting, or who shall wilfully destroy or alter any ballot,
14 voter's certificate, or registration card contained in any
15 district register, or who shall wilfully tamper with any voting
16 machine, or who shall prepare or insert in the voting check list
17 any false voter's certificates not prepared by or for an elector
18 actually voting at such primary or election, for the purpose of
19 concealing the destruction or removal of any voter's
20 certificate, or for the purpose of concealing the deposit of
21 fraudulent ballots in the ballot box, or the registering of
22 fraudulent votes upon any voting machine or of aiding in the
23 perpetration of any such fraud, or who shall fail to return to
24 the county board of election following any primary or election
25 any keys of a voting machine, ballot box, general or duplicate
26 return sheet, tally paper, oaths of election officers,
27 affidavits of electors and others, record of assisted voters,
28 numbered list of voters, district register, voting check list,
29 unused, spoiled and cancelled ballots, ballots deposited,
30 written or affixed in or upon a voting machine, or any
19970H1760B2949 - 48 -
1 certificate, or any other paper or record required to be
2 returned under the provisions of this act; or who shall conspire
3 with others to commit any of the offenses herein mentioned, or
4 in any manner to prevent a free and fair primary or election,
5 shall be guilty of a [misdemeanor] felony of the third degree,
6 and, upon conviction thereof, shall be sentenced to pay a fine
7 not exceeding [one thousand ($1,000)] fifteen thousand ($15,000)
8 dollars, or to undergo an imprisonment of not [less than six (6)
9 months nor] more than [five (5)] seven (7) years, or both, in
10 the discretion of the court.
11 Section 1827. Interference with Primaries and Elections;
12 Frauds; Conspiracy.--If any person shall prevent or attempt to
13 prevent any election officers from holding any primary or
14 election, under the provisions of this act, or shall use or
15 threaten any violence to any such officer; or shall interrupt or
16 improperly interfere with him in the execution of his duty; or
17 shall block up or attempt to block up the avenue to the door of
18 any polling place; or shall use or practice any intimidation,
19 threats, force or violence with design to influence unduly or
20 overawe any elector, or to prevent him from voting or restrain
21 his freedom of choice; or shall prepare or present to any
22 election officer a fraudulent voter's certificate not signed in
23 the polling place by the elector whose certificate it purports
24 to be; or shall deposit fraudulent ballots in the ballot box; or
25 shall register fraudulent votes upon any voting machine; or
26 shall tamper with any district register, voting check list,
27 numbered lists of voters, ballot box or voting machine; or shall
28 conspire with others to commit any of the offenses herein
29 mentioned, or in any manner to prevent a free and fair primary
30 or election, he shall be guilty of a [misdemeanor] felony of the
19970H1760B2949 - 49 -
1 third degree, and, upon conviction thereof, shall be sentenced
2 to pay a fine not exceeding [one thousand ($1,000)] fifteen
3 thousand ($15,000) dollars, or to undergo an imprisonment of not
4 [less than six (6) months nor] more than [five (5)] seven (7)
5 years, or both, in the discretion of the court.
6 Section 1828. Persons Interfering in Other Districts.--Any
7 person who shall on the day of any primary or election visit any
8 polling place at which he is not entitled to vote and at which
9 he is not entitled to be present under any provision of this
10 act, and shall use any intimidation or violence for the purpose
11 of preventing any election officer from performing the duties
12 required of him by this act, or for the purpose of preventing
13 any qualified elector from exercising his right to vote or from
14 exercising his right to challenge any person offering to vote,
15 or for the purpose of influencing the vote of any elector, he
16 shall be guilty of a [misdemeanor] felony of the third degree,
17 and, upon conviction thereof, shall be sentenced to pay a fine
18 not exceeding [one thousand ($1,000)] fifteen thousand ($15,000)
19 dollars, or to undergo an imprisonment of not more than [five
20 (5)] seven (7) years, or both, in the discretion of the court.
21 Section 1829. Assault and Battery at Polls.--Any person who
22 shall unlawfully strike, wound or commit an assault and battery
23 upon the person of any elector at or near the polling place
24 during the time of any primary or election, shall be guilty of a
25 misdemeanor of the first degree, and, upon conviction thereof,
26 shall be sentenced to pay a fine not exceeding [one thousand
27 ($1,000)] ten thousand ($10,000) dollars, or to undergo an
28 imprisonment of not [less than three (3) months nor] more than
29 [two (2)] five (5) years, or both, in the discretion of the
30 court.
19970H1760B2949 - 50 -
1 Section 1833. Unlawful Voting.--Any person who votes or
2 attempts to vote at any primary or election, knowing that he
3 does not possess all the qualifications of an elector at such
4 primary or election, as set forth in this act, shall be guilty
5 of a misdemeanor of the first degree, and, upon conviction
6 thereof, shall be sentenced to pay a fine not exceeding [one
7 thousand ($1,000)] ten thousand ($10,000) dollars, or to undergo
8 an imprisonment of not more than [one (1) year] five (5) years,
9 or both, in the discretion of the court.
10 Section 1834. Elector Voting Ballot of Wrong Party at
11 Primary.--Any elector who shall wilfully vote at any primary the
12 ballot of a party in which he is not enrolled, in violation of
13 the provisions of this act, shall be guilty of a misdemeanor of
14 the second degree, and, upon conviction thereof, shall be
15 sentenced to pay a fine not exceeding [one thousand ($1,000)]
16 five thousand ($5,000) dollars, or to undergo an imprisonment of
17 not more than [one (1) year] two (2) years, or both, in the
18 discretion of the court.
19 Section 19. Section 1835 of the act, reenacted September 9,
20 1959 (P.L.851, No.339), is amended to read:
21 Section 1835. Repeat Voting at Elections.--If any person
22 shall vote in more than one election district, or otherwise
23 fraudulently vote more than once at the same primary or
24 election, or shall vote a ballot other than the ballot issued to
25 him by the election officers, or shall advise or procure another
26 so to do, he shall be guilty of a [misdemeanor] felony of the
27 third degree, and, upon conviction thereof, shall be sentenced
28 to pay a fine not exceeding [one thousand ($1000)] fifteen
29 thousand ($15,000) dollars, or to undergo an imprisonment of not
30 [less than three (3) months nor] more than [five (5)] seven (7)
19970H1760B2949 - 51 -
1 years, or both, in the discretion of the court.
2 Section 20. Sections 1836, 1839 and 1847 of the act are
3 amended to read:
4 Section 1836. Removing Ballots.--Any person removing any
5 ballot from any book of official ballots, except in the manner
6 provided by this act, shall be guilty of a misdemeanor of the
7 second degree, and, upon conviction thereof, shall be sentenced
8 to pay a fine not exceeding [one thousand ($1,000)] five
9 thousand ($5,000) dollars, or to undergo an imprisonment of not
10 more than [one (1) year] two (2) years, or both, in the
11 discretion of the court.
12 Section 1839. Bribery at Elections.--Any person who shall,
13 directly or indirectly, give or promise or offer to give any
14 gift or reward in money, goods or other valuable thing to any
15 person, with intent to induce him to vote or refrain from voting
16 for any particular candidate or candidates or for or against any
17 constitutional amendment or other question at any primary or
18 election; or who shall, directly or indirectly, procure for or
19 offer or promise to procure for such person any such gift or
20 reward with the intent aforesaid; or, who with the intent to
21 influence or intimidate such person to give his vote or to
22 refrain from giving his vote for any particular candidate or
23 candidates or for or against any constitutional amendment or
24 other question at any primary or election, shall give to or
25 obtain for or assist in obtaining for or offer or promise to
26 give to or obtain for or assist in obtaining for such person any
27 office, place, appointment or employment, public or private, or
28 threaten such person with dismissal or discharge from any
29 office, place, appointment or employment, public or private,
30 then held by him, shall be guilty of a [misdemeanor] felony of
19970H1760B2949 - 52 -
1 the third degree, and, upon conviction thereof, shall be
2 sentenced to pay a fine not exceeding [five hundred ($500)]
3 fifteen thousand ($15,000) dollars, or to undergo an
4 imprisonment of not more than [three (3)] seven (7) years, or
5 both, in the discretion of the court.
6 Section 1847. Prohibiting Duress and Intimidation of Voters
7 and Interference with the Free Exercise of the Elective
8 Franchise.--Any person or corporation who, directly or
9 indirectly--(a) uses or threatens to use any force, violence or
10 restraint, or inflicts or threatens to inflict any injury,
11 damage, harm or loss, or in any other manner practices
12 intimidation or coercion upon or against any person, in order to
13 induce or compel such person to vote or refrain from voting at
14 any election, or to vote or refrain from voting for or against
15 any particular person, or for or against any question submitted
16 to voters at such election, or to place or cause to be placed or
17 refrain from placing or causing to be placed his name upon a
18 register of voters, or on account of such person having voted or
19 refrained from voting at such election, or having voted or
20 refrained from voting for or against any particular person or
21 persons or for or against any question submitted to voters at
22 such election, or having registered or refrained from
23 registering as a voter; or (b) by abduction, duress or coercion,
24 or any forcible or fraudulent device or contrivance, whatever,
25 impedes, prevents, or otherwise interferes with the free
26 exercise of the elective franchise by any voter, or compels,
27 induces, or prevails upon any voter to give or refrain from
28 giving his vote for or against any particular person at any
29 election; or (c) being an employer, pays his employes the salary
30 or wages due in "pay envelopes" upon which or in which there is
19970H1760B2949 - 53 -
1 written or printed any political motto, device, statement or
2 argument containing threats, express or implied, intended or
3 calculated to influence the political opinions or actions of
4 such employes, or within ninety days of any election or primary
5 puts or otherwise exhibits in the establishment or place where
6 his employes are engaged in labor, any handbill or placard
7 containing any threat, notice, or information that if any
8 particular ticket or candidate is elected or defeated work in
9 his place or establishment will cease, in whole or in part, his
10 establishment be closed up, or the wages of his employes
11 reduced, or other threats, express or implied, intended or
12 calculated to influence the political opinions or actions of his
13 employes, shall be guilty of a misdemeanor of the second degree.
14 Any person or corporation, convicted of a violation of any of
15 the provisions of this section, shall be sentenced to pay a fine
16 not exceeding [one thousand ($1,000)] five thousand ($5,000)
17 dollars, or such person or the officers, directors or agents of
18 such corporation responsible for the violation of this section,
19 shall be sentenced to undergo an imprisonment of not more than
20 [one (1) year] two (2) years, or both, in the discretion of the
21 court.
22 Section 21. Section 1853 of the act, amended August 13, 1963
23 (P.L.707, No.379), is amended to read:
24 Section 1853. Violations of Provisions Relating to Absentee
25 Electors Ballots.--If any person shall sign an application for
26 absentee ballot or declaration of elector on the forms
27 prescribed knowing any matter declared therein to be false, or
28 shall vote any ballot other than one properly issued to him, or
29 vote or attempt to vote more than once in any election for which
30 an absentee ballot shall have been issued to him, or shall
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1 violate any other provisions of Article XIII of this act, he
2 shall be guilty of a misdemeanor of the first degree, and, upon
3 conviction, shall be sentenced to pay a fine not exceeding [one
4 thousand dollars ($1000)] ten thousand dollars ($10,000), or be
5 imprisoned for a term not exceeding [one year] five (5) years,
6 or both, at the discretion of the court.
7 If any chief clerk or member of a board of elections, member
8 of a return board or member of a board of registration
9 commissioners, shall neglect or refuse to perform any of the
10 duties prescribed by Article XIII of this act, or shall reveal
11 or divulge any of the details of any ballot cast in accordance
12 with the provisions of Article XIII of this act, or shall count
13 an absentee ballot knowing the same to be contrary to Article
14 XIII, or shall reject an absentee ballot without reason to
15 believe that the same is contrary to Article XIII, or shall
16 permit an elector to cast his ballot at a polling place knowing
17 that there has been issued to the elector an absentee ballot, he
18 shall be guilty of a [misdemeanor] felony of the third degree,
19 and, upon conviction, shall be punished by a fine not exceeding
20 [one thousand dollars ($1000)] fifteen thousand dollars
21 ($15,000), or be imprisoned for a term [of one year] not
22 exceeding seven (7) years, or both, at the discretion of the
23 court.
24 Section 22. Article XVIII-A of the act is repealed.
25 Section 23. The following acts and parts of acts are
26 repealed:
27 Act of May 13, 1925 (P.L.663, No.355), entitled "An act
28 providing for the enumeration of registered persons in the
29 Commonwealth, and the publication of a tabulation thereof by the
30 Secretary of the Commonwealth; and imposing certain duties upon
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1 registrars, assessors, registry assessors, and county
2 commissioners."
3 Section 6(b) of the act of December 22, 1989 (P.L.732,
4 No.101), known as the Election District Alteration and Data
5 Reporting Act.
6 Section 24. This act shall take effect immediately.
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