PRINTER'S NO. 1387
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1270
Session of
2023
INTRODUCED BY SOLOMON, R. MACKENZIE, MADDEN, M. MACKENZIE, MOUL,
CERRATO AND HILL-EVANS, MAY 31, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 31, 2023
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 nomination of candidates, further providing
for casting of lots for position of names upon the primary
ballots or ballot labels and notice to candidates; in
ballots, further providing for form of official election
ballot and providing for order of candidates on the ballot;
and, in Pennsylvania Election Law Advisory Board, providing
for ballot order randomization study.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 915 and 1003(b) and (f) of the act of
June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code, are amended to read:
Section 915. Casting of Lots for Position of Names Upon the
Primary Ballots or Ballot Labels; Notice to Candidates.--
Immediately after the last day fixed for filing of such
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nomination petitions with them, the Secretary of the
Commonwealth or the county board, as the case may be, shall fix
a day for the casting of lots, in such manner as may be
prescribed by the Secretary of the Commonwealth, or county
board, as the case may be, for the position of names upon the
primary ballots or ballot labels. The Secretary of the
Commonwealth shall give at least two (2) days notice by mail of
said date to all candidates whose petitions have been received
and filed in his office, and the county board shall give at
least two (2) days notice of said date by posting thereof in a
conspicuous place in its office, and by publication once in at
least two newspapers of general circulation published in the
county. All candidates may appear in person, or by agent duly
authorized by letter of attorney, signed and acknowledged by an
officer empowered to take acknowledgments. In the event of any
of said candidates not being present in person or by
representative at the time of casting of lots, it shall be the
duty of the Secretary of the Commonwealth or the county board,
as the case may be, to appoint some person to represent such
absentee. After said lots are cast, the Secretary of the
Commonwealth or the county board, as the case may be, shall
accordingly establish the order in which the names of said
candidates are to appear upon the primary ballots or ballot
labels, and certify the same for placing upon the official
primary ballots or ballot labels. For candidates to offices
which are to be voted on by electors of more than one county,
the Secretary shall create a list of such counties ordered by
number of registered electors able to vote for the office,
organized from most registered electors to least. Lots shall be
drawn to determine the order in which the names of candidates
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are to appear upon the ballot in the county with the most
registered electors able to vote for the office. For each
successive county in the list, the order in which the names of
candidates are to appear shall be rotated such that the name of
the candidate listed first in the county with the greatest
number of registered electors eligible to vote for the office
shall appear last on the ballot in the county with the second-
most registered electors eligible to vote for the office, and
the name of the candidate listed second in the county with the
greatest number of registered electors eligible to vote for the
office shall appear first in the county with the second-most
registered electors eligible to vote for the office. The same
rotation of candidate names shall continue for each county in
the ordered list.
Section 1003. Form of Official Election Ballot.--
* * *
(b) On the back of each ballot shall be printed in prominent
type the words "Official Ballot," followed by the designation of
the election district for which it is prepared, the date of the
election and the facsimile signatures of the members of the
county board of elections. The names of candidates shall be
arranged under the title of the office for which they are
candidates, and shall be printed [thereunder in the order of the
votes obtained by the parties or bodies at the last
gubernatorial election, beginning with the party obtaining the
highest number of votes: Provided, however, That in the case of
parties or bodies not represented on the ballot at the last
gubernatorial election, the names of the candidates of such
parties shall be arranged alphabetically, according to the party
name or political appellation] as provided under section 1003.1.
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In the case of offices for which two or more candidates are to
be voted for, the candidates of each party shall be arranged
together in the order of the number of votes obtained by them at
the primary, beginning with the candidates obtaining the highest
number of votes, and the candidates of each political body shall
be arranged in the order in which their names were placed in
their nomination paper. Under the title of such offices where
more than one candidate is to be voted for, shall be printed
"Vote for not more than ........" (the blank space to indicate
the number of candidates to be voted for the particular office.)
Opposite or under the name of each candidate shall be printed
the name or appellation of the political party or political body
nominating him, and at the right of such name or appellation
there shall be a square of sufficient size for the convenient
insertion of a cross (X) or check ( )✓ mark.
* * *
[(f) In order that each elector may have the opportunity of
designating his choice for all the candidates nominated by one
political party or political body, there shall be printed on the
extreme left of the ballot, and separated from the rest of the
ballot by a space of at least one-half inch, a list of the names
of all the political parties or political bodies represented on
such ballot which have nominated candidates to be voted for at
such election. Such names shall be arranged in the order of the
votes obtained at the last gubernatorial election by the
candidate for Governor of the parties or bodies nominating,
beginning with the party that received the highest number of
votes cast. Following the names of such political parties and
political bodies shall be the names of the parties and bodies
not represented on the ballot at the last gubernatorial
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election, arranged alphabetically, according to the party name
or appellation. A square of sufficient size for the convenient
insertion of a cross mark shall be placed at the right of each
party name or appellation.]
* * *
Section 2. The act is amended by adding sections to read:
Section 1003.1. Order of Candidates on the Ballot.--(a) For
elections to offices which are to be voted on by the electors of
only one county, immediately after the list of candidates to be
placed on the General Election ballot is finalized, the
Secretary of the Commonwealth or the county board, as the case
may be, shall fix a day for the casting of lots, in such manner
as may be prescribed by the Secretary of the Commonwealth or
county board, as the case may be, for the position of names upon
the primary ballots or ballot labels. The Secretary of the
Commonwealth shall give at least two days' notice by mail of
said date to all candidates whose petitions have been received
and filed in his office, and the county board shall give at
least two days' notice of said date by posting thereof in a
conspicuous place in its office, and by publication once in at
least two newspapers of general circulation published in the
county. All candidates may appear in person, or by agent duly
authorized by letter of attorney, signed and acknowledged by an
officer empowered to take acknowledgments. In the event of any
of said candidates not being present in person or by
representative at the time of casting of lots, it shall be the
duty of the Secretary of the Commonwealth or the county board,
as the case may be, to appoint some person to represent such
absentee. After said lots are cast, the Secretary of the
Commonwealth or the county board, as the case may be, shall
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accordingly establish the order in which the names of said
candidates are to appear upon the ballots or ballot labels, and
certify the same for placing upon the official ballots or ballot
labels.
(b) For candidates to offices which are to be voted on by
electors of more than one county, the Secretary shall create a
list of such counties ordered by number of registered electors
able to vote for the office, organized from most registered
electors to least. Lots shall be drawn to determine the order in
which the names of candidates are to appear upon the ballot in
the county with the most registered electors able to vote for
the office. For each successive county in the list, the order in
which the names of candidates are to appear shall be rotated
such that the name of the candidate listed first in the county
with the greatest number of registered electors eligible to vote
for the office shall appear last on the ballot in the county
with the second-most registered electors eligible to vote for
the office, and the name of the candidate listed second in the
county with the greatest number of registered electors eligible
to vote for the office shall appear first in the county with the
second-most registered electors eligible to vote for the office.
The same rotation of candidate names shall continue for each
county in the ordered list.
Section 1303-E. Ballot order randomization study.
The board shall conduct a study regarding the feasibility of
implementing a precinct rotation system for the order of listing
candidates on the ballot in both primary and general elections
and for each type of office. By no later than six months after
the effective date of this section, the study shall be published
on the Joint State Government Commission's publicly accessible
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Internet website and made available in electronic format to the
Office of the Governor and members of the General Assembly. The
report shall include any recommendations developed by the board
for the implementation of such a precinct rotation system or of
any similar alternative method of varying the order in which
candidates are listed on ballots so as to reduce or eliminate
any statistical advantages provided to a candidate on the basis
of ballot order.
Section 3. This act shall take effect in 60 days.
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