PRIOR PRINTER'S NOS. 331, 2053 PRINTER'S NO. 2263
No. 289 Session of 2007
INTRODUCED BY READSHAW, BARRAR, CALTAGIRONE, CASORIO, FREEMAN,
GEORGE, GERGELY, GRUCELA, HANNA, HARHAI, JAMES, KORTZ,
LEVDANSKY, MELIO, PALLONE, PETRARCA, SABATINA, SAINATO,
SCAVELLO, SOLOBAY, STABACK, STURLA, TANGRETTI, THOMAS, WALKO,
WATSON, WHEATLEY, WOJNAROSKI, GIBBONS, FRANKEL, DALEY, PEIFER
AND JOSEPHS, FEBRUARY 7, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 7, 2007
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 EXPENSES OF COUNTY BOARDS <--
12 AND OF PRIMARIES AND ELECTIONS TO BE PAID BY COUNTIES, FOR
13 the date of the general primary AND FOR ABSENTEE ELECTORS <--
14 FILES AND LISTS.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 603(a) of the act of June 3, 1937 <--
18 (P.L.1333, No.320), known as the Pennsylvania Election Code,
19 amended November 24, 1999 (P.L.543, No.51), is amended and the
20 section is amended by adding a subsection to read:
21 SECTION 1. SECTION 305(A) OF THE ACT OF JUNE 3, 1937 <--
1 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, IS
2 AMENDED BY ADDING A PARAGRAPH TO READ:
3 SECTION 305. EXPENSES OF COUNTY BOARDS AND OF PRIMARIES AND
4 ELECTIONS TO BE PAID BY COUNTY; EXPENSES OF SPECIAL ELECTIONS;
5 BOARDS TO BE PROVIDED WITH OFFICES.--
6 (A) THE COUNTY COMMISSIONERS OR OTHER APPROPRIATING
7 AUTHORITIES OF THE COUNTY SHALL APPROPRIATE ANNUALLY, AND FROM
8 TIME TO TIME, TO THE COUNTY BOARD OF ELECTIONS OF SUCH COUNTY,
9 THE FUNDS THAT SHALL BE NECESSARY FOR THE MAINTENANCE AND
10 OPERATION OF THE BOARD AND FOR THE CONDUCT OF PRIMARIES AND
11 ELECTIONS IN SUCH COUNTY, INCLUDING THE PAYMENT OF THE
12 COMPENSATION OF THE EMPLOYES OF THE BOARD, CUSTODIANS, ELECTION
13 OFFICERS, AND OTHER ASSISTANTS AND EMPLOYES HEREIN PROVIDED FOR,
14 AND THE FEES OF WITNESSES AS HEREIN PROVIDED; FOR THE PURCHASE
15 OR PRINTING, UNDER CONTRACTS MADE BY THE BOARD, OF ALL BALLOTS
16 AND OTHER PRIMARY AND ELECTION SUPPLIES REQUIRED BY THIS ACT, OR
17 WHICH THE BOARD SHALL CONSIDER NECESSARY TO CARRY OUT THE
18 PROVISIONS OF THIS ACT; FOR THE PURCHASE, UNDER CONTRACTS MADE
19 BY THE BOARD, AND MAINTENANCE, OF VOTING MACHINES, WHEN ADOPTED
20 AS HEREIN PROVIDED, AND OF ALL OTHER PRIMARY AND ELECTION
21 EQUIPMENT REQUIRED BY THIS ACT, OR WHICH THE BOARD SHALL
22 CONSIDER NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT; FOR
23 THE PUBLICATION OF NOTICES AUTHORIZED BY THIS ACT, UNDER
24 CONTRACTS MADE BY THE BOARD, AND FOR ALL OTHER NECESSARY
25 EXPENSES HEREUNDER: PROVIDED, HOWEVER, THAT BONDS OR OTHER
26 EVIDENCES OF INDEBTEDNESS, PAYABLE NOT LATER THAN THIRTY YEARS
27 FROM THEIR DATES OF ISSUANCE, MAY BE ISSUED BY THE COUNTY
28 COMMISSIONERS OR OTHER APPROPRIATING AUTHORITIES OF THE COUNTY
29 IN ACCORDANCE WITH THE PROVISIONS OF LAW RELATING TO THE
30 INCREASE OF INDEBTEDNESS OF SUCH COUNTY, TO MEET ALL OR ANY PART
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1 OF THE COST OF VOTING MACHINES.
2 * * *
3 5. THE DEPARTMENT OF STATE SHALL REIMBURSE COUNTY BOARDS OF
4 ELECTION FOR THE COSTS INCURRED BY THE COUNTY FOR ADMINISTERING
5 A GENERAL PRIMARY PURSUANT TO SECTION 603(C). THE GOVERNOR MAY,
6 FROM TIME TO TIME, ALLOCATE TO THE DEPARTMENT OF STATE AS MUCH
7 MONEY FROM THE GENERAL FUND AS HE DEEMS NECESSARY TO PERMIT THE
8 DEPARTMENT TO REIMBURSE THE COUNTIES FOR COSTS INCURRED IN THE
9 GENERAL PRIMARY.
10 * * *
11 SECTION 2. SECTION 603(A) OF THE ACT, AMENDED NOVEMBER 24,
12 1999 (P.L.543, NO.51), IS AMENDED AND THE SECTION IS AMENDED BY
13 ADDING A SUBSECTION TO READ:
14 Section 603. General Primary; Candidates to Be Nominated and
15 Party Officers to Be Elected.--(a) There shall be a General
16 primary preceding each general election which shall be held on
17 the third Tuesday of May in all even-numbered years, except in
18 the year of the nomination of a President of the United States,
19 in which year the General primary shall be held on the [fourth
20 Tuesday of April] second Tuesday of February. Candidates for all
21 offices to be filled at the ensuing general election shall be
22 nominated at the General primary. The vote for candidates for
23 the office of President of the United States, as provided for by
24 this act, shall be cast at the General primary.
25 * * *
26 (c) Notwithstanding subsection (a), the General primary for
27 all purposes related to implementation of the act of June 27,
28 2006 (1st Sp.Sess., P.L.1873, No.1), known as the "Taxpayer
29 Relief Act," shall be held the third Tuesday of May.
30 SECTION 3. SECTION 1302.3 OF THE ACT, AMENDED DECEMBER 11, <--
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1 1968 (P.L.1183, NO.375), IS AMENDED TO READ:
2 SECTION 1302.3. ABSENTEE ELECTORS FILES AND LISTS.--(A) THE
3 COUNTY BOARD OF ELECTIONS SHALL MAINTAIN AT ITS OFFICE A FILE
4 CONTAINING THE DUPLICATE ABSENTEE VOTER'S TEMPORARY REGISTRATION
5 CARDS OF EVERY REGISTERED ELECTOR TO WHOM AN ABSENTEE BALLOT HAS
6 BEEN SENT. SUCH DUPLICATE ABSENTEE VOTER'S TEMPORARY
7 REGISTRATION CARDS SHALL BE FILED BY ELECTION DISTRICTS AND
8 WITHIN EACH ELECTION DISTRICT IN EXACT ALPHABETICAL ORDER AND
9 INDEXED. THE REGISTRATION CARDS SO FILED SHALL CONSTITUTE THE
10 REGISTERED ABSENTEE VOTERS FILE FOR THE PRIMARY OR ELECTION OF
11 (DATE OF PRIMARY OR ELECTION) AND SHALL BE KEPT ON FILE FOR A
12 PERIOD COMMENCING THE TUESDAY PRIOR TO THE DAY OF THE PRIMARY OR
13 ELECTION UNTIL THE DAY FOLLOWING THE PRIMARY OR ELECTION OR THE
14 DAY THE COUNTY BOARD OF ELECTIONS CERTIFIES THE RETURNS OF THE
15 PRIMARY OR ELECTION, WHICHEVER DATE IS LATER. SUCH FILE SHALL BE
16 OPEN TO PUBLIC INSPECTION AT ALL TIMES SUBJECT TO REASONABLE
17 SAFEGUARDS, RULES AND REGULATIONS[.], INCLUDING REQUIRING ANY
18 INDIVIDUAL WHO ASKS TO INSPECT THE FILE TO IDENTIFY HIMSELF, AND
19 PRESENT IDENTIFICATION THAT INCLUDES A PHOTOGRAPH AND SIGNATURE,
20 BY SIGNING HIS NAME AND PRINTING HIS NAME AND ADDRESS ON A FORM
21 PREPARED BY THE COUNTY BOARD. THE COUNTY BOARD OF ELECTIONS
22 SHALL POST IN A CONSPICUOUS PUBLIC PLACE AT ITS OFFICE A SIGN
23 STATING THAT THE FILE IS OPEN TO PUBLIC INSPECTION UPON
24 COMPLETION OF THE FORM.
25 (B) THE COUNTY BOARD OF ELECTIONS SHALL [POST IN A
26 CONSPICUOUS PUBLIC PLACE] MAINTAIN AT ITS OFFICE A MASTER LIST
27 ARRANGED IN ALPHABETICAL ORDER BY ELECTION DISTRICTS SETTING
28 FORTH THE NAME AND RESIDENCE, AND AT PRIMARIES, THE PARTY
29 ENROLLMENT, OF (1) EVERY MILITARY ELECTOR TO WHOM AN ABSENTEE
30 BALLOT IS BEING SENT, EACH SUCH NAME TO BE PREFIXED WITH AN "M";
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1 (2) EVERY BEDRIDDEN OR HOSPITALIZED VETERAN OUTSIDE THE COUNTY
2 OF HIS RESIDENCE WHO IS NOT REGISTERED AND TO WHOM AN ABSENTEE
3 BALLOT IS BEING SENT, EACH SUCH NAME TO BE PREFIXED WITH A "V";
4 AND (3) EVERY REGISTERED ELECTOR WHO HAS FILED HIS APPLICATION
5 FOR AN ABSENTEE BALLOT TOO LATE FOR THE EXTRACTION OF HIS
6 ORIGINAL REGISTRATION CARD AND TO WHOM A BALLOT IS BEING SENT
7 AND EVERY QUALIFIED ELECTOR WHO HAS FILED HIS APPLICATION FOR AN
8 ABSENTEE BALLOT AND IS ENTITLED, UNDER PROVISIONS OF THE
9 PERMANENT REGISTRATION LAW AS NOW OR HEREINAFTER ENACTED BY THE
10 GENERAL ASSEMBLY, TO ABSENTEE REGISTRATION PRIOR TO OR
11 CONCURRENTLY WITH THE TIME OF VOTING, EACH SUCH NAME TO BE
12 PREFIXED WITH A "C." THIS LIST SHALL BE KNOWN AS THE MILITARY,
13 VETERANS AND EMERGENCY CIVILIANS ABSENTEE VOTERS FILE FOR THE
14 PRIMARY OR ELECTION OF (DATE OF PRIMARY OR ELECTION) [AND SHALL
15 BE POSTED FOR A PERIOD COMMENCING THE TUESDAY PRIOR TO THE DAY
16 OF THE PRIMARY OR ELECTION UNTIL THE DAY FOLLOWING THE PRIMARY
17 OR ELECTION OR THE DAY ON WHICH THE COUNTY BOARD OF ELECTIONS
18 CERTIFIES THE RETURNS OF THE PRIMARY OR ELECTION, WHICHEVER DATE
19 IS LATER]. SUCH [FILE] LIST SHALL BE OPEN TO PUBLIC INSPECTION
20 AT ALL TIMES SUBJECT TO REASONABLE SAFEGUARDS, RULES AND
21 REGULATIONS[.], INCLUDING REQUIRING ANY INDIVIDUAL WHO ASKS TO
22 INSPECT THE LIST TO IDENTIFY HIMSELF, AND PRESENT IDENTIFICATION
23 THAT INCLUDES A PHOTOGRAPH AND SIGNATURE, BY SIGNING HIS NAME
24 AND PRINTING HIS NAME AND ADDRESS ON A FORM PREPARED BY THE
25 COUNTY BOARD. THE COUNTY BOARD OF ELECTIONS SHALL POST IN A
26 CONSPICUOUS PUBLIC PLACE AT ITS OFFICE A SIGN STATING THAT THE
27 LIST IS OPEN TO PUBLIC INSPECTION UPON COMPLETION OF THE FORM.
28 THIS [POSTED] LIST SHALL NOT CONTAIN ANY MILITARY ADDRESS OR
29 REFERENCES TO ANY MILITARY ORGANIZATION. UPON WRITTEN REQUEST,
30 THE COUNTY BOARD SHALL FURNISH A COPY OF SUCH LIST TO ANY
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1 CANDIDATE OR PARTY COUNTY CHAIRMAN.
2 (C) NOT LESS THAN FIVE DAYS PRECEDING THE ELECTION, THE CHIEF
3 CLERK SHALL PREPARE A LIST FOR EACH ELECTION DISTRICT SHOWING
4 THE NAMES AND POST OFFICE ADDRESSES OF ALL VOTING RESIDENTS
5 THEREOF TO WHOM OFFICIAL ABSENTEE BALLOTS SHALL HAVE BEEN
6 ISSUED. EACH SUCH LIST SHALL BE PREPARED IN DUPLICATE, SHALL BE
7 HEADED "PERSONS IN (GIVE IDENTITY OF ELECTION DISTRICT) TO WHOM
8 ABSENTEE BALLOTS HAVE BEEN ISSUED FOR THE ELECTION OF (DATE OF
9 ELECTION)," AND SHALL BE SIGNED BY HIM NOT LESS THAN FOUR DAYS
10 PRECEDING THE ELECTION. HE SHALL [POST THE ORIGINAL OF EACH SUCH
11 LIST IN A CONSPICUOUS PLACE] MAINTAIN THE ORIGINAL OF EACH LIST
12 IN THE OFFICE OF THE COUNTY ELECTION BOARD [AND SEE THAT IT IS
13 KEPT SO POSTED UNTIL THE CLOSE OF THE POLLS ON ELECTION DAY].
14 EACH LIST SHALL BE OPEN TO PUBLIC INSPECTION AT ALL TIMES
15 SUBJECT TO REASONABLE SAFEGUARDS, RULES AND REGULATIONS,
16 INCLUDING REQUIRING ANY INDIVIDUAL WHO ASKS TO INSPECT A LIST TO
17 IDENTIFY HIMSELF, AND PRESENT IDENTIFICATION THAT INCLUDES A
18 PHOTOGRAPH AND SIGNATURE, BY SIGNING HIS NAME AND PRINTING HIS
19 NAME AND ADDRESS ON A FORM PREPARED BY THE COUNTY BOARD. THE
20 CHIEF CLERK SHALL POST IN A CONSPICUOUS PUBLIC PLACE IN THE
21 OFFICE OF THE COUNTY ELECTION BOARD A SIGN STATING THAT THE LIST
22 IS OPEN TO PUBLIC INSPECTION UPON COMPLETION OF THE FORM. UPON
23 WRITTEN REQUEST, THE CHIEF CLERK SHALL FURNISH A COPY OF SUCH
24 LIST TO ANY CANDIDATE OR PARTY COUNTY CHAIRMAN. HE SHALL CAUSE
25 THE DUPLICATE OF EACH SUCH LIST TO BE DELIVERED TO THE JUDGE OF
26 ELECTION IN THE ELECTION DISTRICT IN THE SAME MANNER AND AT THE
27 SAME TIME AS ARE PROVIDED IN THIS ACT FOR THE DELIVERY OF OTHER
28 ELECTION SUPPLIES, AND IT SHALL BE THE DUTY OF SUCH JUDGE OF
29 ELECTION TO [POST] MAINTAIN SUCH DUPLICATE LIST [IN A
30 CONSPICUOUS PLACE] WITHIN THE POLLING PLACE OF HIS DISTRICT [AND
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1 SEE THAT IT IS KEPT SO POSTED] THROUGHOUT THE TIME THAT THE
2 POLLS ARE OPEN. [UPON WRITTEN REQUEST, HE SHALL FURNISH A COPY
3 OF SUCH LIST TO ANY CANDIDATE OR PARTY COUNTY CHAIRMAN.] THE
4 JUDGE OF ELECTION SHALL MAKE THE DUPLICATE LIST AVAILABLE FOR
5 INSPECTION ON THE DAY OF THE ELECTION OR PRIMARY SUBJECT TO
6 REASONABLE SAFEGUARDS, RULES AND REGULATIONS INCLUDING REQUIRING
7 ANY INDIVIDUAL WHO ASKS TO INSPECT A LIST TO IDENTIFY HIMSELF,
8 AND PRESENT IDENTIFICATION THAT INCLUDES A PHOTOGRAPH AND
9 SIGNATURE, BY SIGNING HIS NAME AND PRINTING HIS NAME AND ADDRESS
10 ON A FORM PREPARED BY THE COUNTY BOARD. THE JUDGE OF ELECTION
11 SHALL POST IN A CONSPICUOUS PUBLIC PLACE WITHIN THE POLLING
12 PLACE OF HIS DISTRICT A SIGN STATING THAT THE DUPLICATE LIST IS
13 OPEN TO PUBLIC INSPECTION UPON COMPLETION OF THE FORM.
14 Section 2 4. This act shall take effect in 60 days. <--
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