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PRINTER'S NO. 729
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
641
Session of
2017
INTRODUCED BY RAFFERTY, COSTA, AUMENT AND BROWNE, APRIL 20, 2017
REFERRED TO STATE GOVERNMENT, APRIL 20, 2017
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 electronic voting systems, further providing
for election day procedures and the process of voting; and,
in primary and election expenses, further providing for late
filing fee and certificate of filing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1112-A(b) and 1632(b) of the act of June
3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, are amended to read:
Section 1112-A. Election Day Procedures and the Process of
Voting.--* * *
(b) In an election district which uses an electronic voting
system which utilizes paper ballots or ballot cards to register
the votes, the following procedures will be applicable for the
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conduct of the election at the election district:
(1) The voter, after receiving his ballot from the district
election officials, shall retire to one of the voting booths in
which the voting devices are located.
(2) At primary elections, the voter shall vote for the
candidates of his choice for nomination, according to the number
of persons to be voted for by him, for each office by making a
cross (X) or check ( ) mark or by making a punch or mark sense
mark in the square opposite the name of the candidate, or he may
so mark the write-in position provided on the ballot for the
particular office and, in the space provided therefor on the
ballot and/or ballot envelope, write the identification of the
office in question and the name of any person not already
printed on the ballot for that office, and such mark and written
insertion shall count as a vote for that person for such office.
If a write-in candidate receives the most votes, the candidate
shall become subject to the campaign finance reporting
requirements of this act as though a nomination petition had
been filed.
(3) At all other elections, the voter shall vote for the
candidates of his choice for each office to be filled, according
to the number of persons to be voted for by him for each office,
by making a cross (X) or check ( ) mark or by making a punch or
mark sense mark in the square opposite the name of the
candidate, or he may so mark the write-in position provided on
the ballot for the particular office and, in the space provided
therefor on the ballot and/or ballot envelope, write the
identification of the office in question and the name of any
person not already printed on the ballot for that office, and
such mark and written insertion shall count as a vote for that
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person for such office. If a write-in candidate receives the
most votes, the candidate shall become subject to the campaign
finance reporting requirements of this act as though a
nomination petition had been filed.
(4) If the voter desires to vote for every candidate of a
political party or political body, except its candidates for
offices as to which he votes for individual candidates in the
manner hereinafter provided, he may make a cross (X) or check
( ) or punch or mark sense mark in the square opposite the name
of the party or political body so marked, including its
candidates for presidential electors, except for those offices
as to which he has indicated a choice for individual candidates
of the same or another party or political body, by making a
cross (X) or check ( ) or punch or mark sense mark opposite
their names in the manner hereinabove provided, as to which
offices his ballot shall be counted only for the candidates
which he has thus individually marked, notwithstanding the fact
that he made a mark in the party column, and even though in the
case of an office for which more than one candidate is to be
voted for, he has not individually marked for such office the
full number of candidates for which he is entitled to vote. If
he desires to vote for the entire group of presidential electors
nominated by any party or political body, he may make a cross
(X) or check ( ) or punch or mark sense mark in the appropriate
space opposite the names of the candidates for President and
Vice-President of such party or body. If he desires to vote a
ticket for presidential electors made up of the names of persons
nominated by different parties or political bodies, or partially
of names of persons so in nomination and partially of names of
persons not in nomination by any party or political body, or
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wholly of names of persons not in nomination by any party or
political body, he shall insert the names of the candidates for
presidential electors for whom he desires to vote in the blank
spaces provided therefor on the write-in ballot under the title
of the office "Presidential Electors". In case of a question
submitted to the vote of the electors, he may make a cross (X)
or check ( ) or punch or mark sense mark in the appropriate
square opposite the answer which he desires to give.
(5) Any voter who spoils his ballot may return it and secure
another. The word "spoiled" shall be written across the face of
the ballot, and it shall be placed in the envelope marked
["Spoiled Ballots".] "Spoiled Ballots."
(6) Following the completion of his vote, the voter shall
leave the voting booth and return the ballot to the election
officer by a means designed to insure its secrecy; upon removal
of the stub of the ballot by the election officer, the voter
shall insert the ballot into the district automatic tabulating
equipment or, in the event district tabulation is not provided
for by the voting system or such district tabulation equipment
is inoperative for any reason, into a secure ballot box. No
ballot card from which the stub has been detached shall be
accepted by the election officer in charge of such equipment or
ballot box, but it shall be marked "spoiled" and shall be placed
in the envelope marked "Spoiled Ballots."
Section 1632. Late Filing Fee; Certificate of Filing.--
* * *
(b) (1) No person may be a candidate for a public office
until all reports and statements of contributions and
expenditures required to be filed by such person if the person
was previously a candidate for public office and any treasurer
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of any committee authorized by such person for the previous
candidacy have been filed and all fines paid.
(2) No person shall be deemed elected to a public office
under the laws of this Commonwealth or enter upon the duties
thereof, or receive any salary or emoluments therefrom until all
of the reports and statements of contributions and expenditures
required to be filed by any candidate and treasurers of
committees authorized by such candidate and due before the
person may take office, have been filed.
(3) No candidate may be sworn in until the appropriate
supervisor certifies that all required reports have been filed,
and no official of the Commonwealth or any of its political
subdivisions may issue a commission or administer an oath of
office until that official has received this certification.
(4) No certification shall be issued until the supervisor
has received post election reports of any candidate and
treasurer of committees authorized by such candidate.
* * *
Section 2. This act shall take effect immediately.
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