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                                                      PRINTER'S NO. 3624



No. 2462 Session of 2008

           APRIL 15, 2008


                                     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 qualifications of electors
    12     at primaries, for primary voting and party officers and for
    13     voting procedure.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Sections 702 and 802 of the act of June 3, 1937
    17  (P.L.1333, No.320), known as the Pennsylvania Election Code, are
    18  amended to read:
    19     Section 702.  Qualifications of Electors at Primaries.--The
    20  qualifications of electors entitled to vote at primaries shall
    21  be the same as the qualifications of electors entitled to vote
    22  at elections within the election district where the primary is
    23  held[, provided that no elector who is not registered and

     1  enrolled as a member of a political party, in accordance with
     2  the provisions of this act, shall be permitted to vote the
     3  ballot of such party or any other party ballot at any primary].
     4     Section 802.  Only Enrolled Electors to Vote at Primaries or
     5  Hold Party Offices.--No person who is not registered and
     6  enrolled as a member of a political party shall be entitled [to
     7  vote at any primary of such party or] to be elected or serve as
     8  a party officer, or a member or officer of any party committee,
     9  or delegate or alternate delegate to any party convention.
    10     Section 2.  Section 902 of the act, amended May 23, 1949
    11  (P.L.1656, No.504), is amended to read:
    12     Section 902.  Candidates to Be Nominated and Party Officers
    13  to Be Elected at Primaries.--All candidates of political
    14  parties, as defined in section 801 of this act, for the offices
    15  of United States Senator, Representative in Congress and for all
    16  other elective public offices within this State, except that of
    17  presidential electors, shall be nominated, and party delegates
    18  and alternate delegates, committeemen and officers who, under
    19  the provisions of Article VIII of this act or under the party
    20  rules, are required to be elected by the party electors, shall
    21  be elected at primaries held in accordance with the provisions
    22  of this act, except as otherwise provided in this act. In the
    23  years when candidates for the office of President of the United
    24  States are to be nominated, every registered [and enrolled]
    25  member of a political party shall have the opportunity at the
    26  Spring primary in such years to vote [his] a preference for one
    27  person to be the candidate of [his] a political party for
    28  President.
    29     Section 3.  Section 1210(d) of the act, amended October 8,
    30  2004 (P.L.807, No.97), is amended to read:
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     1     Section 1210.  Manner of Applying to Vote; Persons Entitled
     2  to Vote; Voter's Certificates; Entries to Be Made in District
     3  Register; Numbered Lists of Voters; Challenges.--* * *
     4     (d)  No person, except a qualified elector who is in actual
     5  military or naval service under a requisition of the President
     6  of the United States or by the authority of this Commonwealth,
     7  and who votes under the provisions of Article XIII of this act,
     8  shall be entitled or permitted to vote at any primary or
     9  election at any polling place outside the election district in
    10  which [he] the person resides, nor shall [he] the person be
    11  permitted to vote in the election district in which [he] the
    12  person resides, unless [he] the person has been personally
    13  registered as an elector and [his] the person's registration
    14  card appears in the district register of such election district,
    15  except by order of the court of common pleas as provided in this
    16  act, and any person, although personally registered as an
    17  elector, may be challenged by any qualified elector, election
    18  officer, overseer, or watcher at any primary or election as to
    19  [his] identity, as to [his] continued residence in the election
    20  district or as to any alleged violation of the provisions of
    21  this section [1210 of this act], and if challenged as to
    22  identity or residence, [he] the person shall produce at least
    23  one qualified elector of the election district as a witness, who
    24  shall make affidavit of his identity or continued residence in
    25  the election district: Provided, however, That no person shall
    26  be entitled to vote as a member of a party at any primary,
    27  unless [he] the person is:
    28         (1)  registered and enrolled as a member of such party
    29     upon the district register, which enrollment shall be
    30     conclusive as to [his] party membership and shall not be
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     1     subject to challenge on the day of the primary[.]; or
     2         (2)  registered as an independent or nonparty voter, in
     3     which case the person may vote for the candidates of the
     4     party of the voter's choice, the choice to be made at the
     5     polling place on the day of the primary election. The voter's
     6     choice of parties at one primary election shall not preclude
     7     the voter from choosing a different party at a subsequent
     8     primary election.
     9     * * *
    10     Section 4.  The amendment of sections 702, 802 and 1210(d) of
    11  the act shall apply to primary elections which take place after
    12  December 31, 2008.
    13     Section 5.  This act shall take effect in 60 days.

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