AN ACT

 

1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2"An act concerning elections, including general, municipal,
3special and primary elections, the nomination of candidates,
4primary and election expenses and election contests; creating
5and defining membership of county boards of elections;
6imposing duties upon the Secretary of the Commonwealth,
7courts, county boards of elections, county commissioners;
8imposing penalties for violation of the act, and codifying,
9revising and consolidating the laws relating thereto; and
10repealing certain acts and parts of acts relating to
11elections," further providing for election of presidential
12electors, for meeting of electors and duties and for filling
13of vacancies existing in presidential electors.

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

16Section 1. Sections 1501, 1502 and 1503 of the act of June
173, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
18Code, are amended to read:

19Section 1501. Election of Presidential Electors.--(a) At
20the general election to be held in the year 1940, and every
21fourth year thereafter, there shall be elected by the qualified
22electors of the Commonwealth, persons to be known as electors of
23President and Vice-President of the United States, and referred

1to in this act as presidential electors, equal in number to the
2whole number of senators and representatives to which this State
3may be entitled in the Congress of the United States.

4(b) The number of presidential electors to be allocated to
5each nominee for the Office of President of the United States
6shall be calculated as follows:

7(1) The nominee for the Office of President of the United
8States who wins the plurality of the Statewide popular vote
9shall be awarded two presidential electors.

10(2) The remaining presidential electors shall be divided
11among nominees for President of the United States by multiplying
12the number of remaining presidential electors by the percentage
13of the Statewide popular vote received by a nominee for
14President of the United States and rounding up to the nearest
15whole number, subject to the following:

16(i) If the total number of presidential electors allocated
17to all candidates is greater than the number of available
18electors, the number of presidential electors allocated to the
19nominee with the smallest percentage of the Statewide popular
20vote shall be reduced by one.

21(ii) If necessary, the process in subclause (i) shall be
22repeated, starting with the nominee for President of the United
23States who finished next to last in the Statewide vote and
24ending with the nominee for President who finished second in the
25Statewide vote.

26Section 1502. Meeting of Electors; Duties.--(a) The
27electors chosen, as aforesaid, shall assemble at the seat of
28government of this Commonwealth, at 12 o'clock noon of the day
29which is, or may be, directed by the Congress of the United
30States, and shall then and there perform the duties enjoined

1upon them by the Constitution and laws of the United States.

2(b) Each presidential elector shall cast his ballot in
3accordance with the allocation established in section 1501(b).

4Section 1503. Filling of Vacancies Existing in Presidential
5Electors.--If any such presidential elector shall die, or for
6any cause fail to attend at the seat of government at the time
7appointed by law, the presidential electors present, who are of 
8the same political party as such deceased or absent presidential 
9elector, shall proceed to choose viva voce a person of the same
10political party as such deceased or absent elector, to fill the
11vacancy occasioned thereby, and immediately after such choice
12the name of the person so chosen shall be transmitted by the
13presiding officer of the college to the Governor, who shall
14forthwith cause notice in writing to be given to such person of
15his election; and the person so elected (and not the person in
16whose place he shall have been chosen) shall be an elector and
17shall, with the other electors, perform the duties enjoined on
18them.

19Section 2. This act shall take effect in 60 days.

 

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