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PRINTER'S NO. 3598
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2448
Session of
2018
INTRODUCED BY REED, BENNINGHOFF, ENGLISH, EVERETT, KAUFER, RYAN,
SANTORA, SOLOMON, STAATS, THOMAS, WATSON, WHEELAND, GILLEN
AND SANKEY, JUNE 5, 2018
REFERRED TO COMMITTEE ON RULES, JUNE 5, 2018
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in qualifications of electors, further providing
for qualifications of electors at primaries; in party
organization, further providing for only enrolled electors to
vote at primaries or hold party offices; in nomination of
candidates, further providing for candidates to be nominated
and party officers to be elected at primaries; in preparation
for and conduct of primaries and elections, further providing
for manner of applying to vote and persons entitled to vote
and voter's certificates and entries to be made in district
register and numbered lists of voters and challenges; and
making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 702, 802, 902 and 1210(d) of the act of
June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code, are amended to read:
Section 702. Qualifications of Electors at Primaries.--The
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qualifications of electors entitled to vote at primaries shall
be the same as the qualifications of electors entitled to vote
at elections within the election district where the primary is
held[, provided that no elector who is not registered and
enrolled as a member of a political party, in accordance with
the provisions of this act, shall be permitted to vote the
ballot of such party or any other party ballot at any primary].
Section 802. Only Enrolled Electors to [Vote at Primaries
or] Hold Party Offices.--No person who is not registered and
enrolled as a member of a political party shall be entitled [to
vote at any primary of such party or] to be elected or serve as
a party officer, or a member or officer of any party committee,
or delegate or alternate delegate to any party convention.
Section 902. Candidates to Be Nominated and Party Officers
to Be Elected at Primaries.--All candidates of political
parties, as defined in section 801 of this act, for the offices
of United States Senator, Representative in Congress and for all
other elective public offices within this State, except that of
presidential electors, shall be nominated, and party delegates
and alternate delegates, committeemen and officers who, under
the provisions of Article VIII of this act or under the party
rules, are required to be elected by the party electors, shall
be elected at primaries held in accordance with the provisions
of this act, except as otherwise provided in this act. In the
years when candidates for the office of President of the United
States are to be nominated, [every] the following shall apply:
(1) Every registered and enrolled member of a political
party shall have the opportunity at the Spring primary in such
years to vote [his] a preference for one person to be the
candidate of [his] a political party for President.
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(2) Every qualified elector who is registered as an
independent or nonparty voter may vote for one person to be the
candidate of a political party of the voter's choice, the choice
to be made at the polling place on the day of the primary
election. The voter's choice of parties at one primary election
shall not preclude the voter from choosing a different party at
a subsequent primary election.
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
Register; Numbered Lists of Voters; Challenges.--* * *
(d) No person, except a qualified elector who is in actual
military or naval service under a requisition of the President
of the United States or by the authority of this Commonwealth,
and who votes under the provisions of Article XIII of this act,
shall be entitled or permitted to vote at any primary or
election at any polling place outside the election district in
which [he] the person resides, nor shall [he] the person be
permitted to vote in the election district in which [he] the
person resides, unless [he] the person has been personally
registered as an elector and [his] the person's registration
card appears in the district register of such election district,
except by order of the court of common pleas as provided in this
act, and any person, although personally registered as an
elector, may be challenged by any qualified elector, election
officer, overseer, or watcher at any primary or election as to
[his] identity, as to [his] continued residence in the election
district or as to any alleged violation of the provisions of
this section [1210 of this act], and if challenged as to
identity or residence, [he] the person shall produce at least
one qualified elector of the election district as a witness, who
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shall make affidavit of [his] identity or continued residence in
the election district: Provided, however, That no person shall
be entitled to vote as a member of a party at any primary,
unless [he] the person is:
(1) registered and enrolled as a member of such party upon
the district register, which enrollment shall be conclusive as
to [his] party membership and shall not be subject to challenge
on the day of the primary[.] ; or
(2) registered as an independent or nonparty voter, in which
case the person may vote for the candidates of the party of the
voter's choice, the choice to be made at the polling place on
the day of the primary election. The voter's choice of parties
at one primary election shall not preclude the voter from
choosing a different party at a subsequent primary election.
* * *
Section 2. The amendment of sections 702, 802 and 1210(d) of
the act shall apply to primary elections which take place after
December 31, 2018.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the provisions of
this act.
(2) Section 9 of the act of July 25, 1913 (P.L.1043,
No.472), entitled "An act to provide for the registration and
enrollment of the voters of the State according to their
respective party preferences; fixing the compensation of
assessors and registry assessors for making said registration
and enrollment; and prescribing penalties for false
registration or enrollment, and for voters voting or
attempting to vote, and for election officers wilfully
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permitting or conspiring to permit them to vote, at a
primary, by or on any other than their own party ticket," is
repealed.
Section 4. This act shall take effect immediately.
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