S0317B1088A05181 BIL:DM 12/11/07 #90 A05181
AMENDMENTS TO SENATE BILL NO. 317
Sponsor: SENATOR RAFFERTY
Printer's No. 1088
1 Amend Title, page 1, line 11, by inserting after "providing"
2 for public buildings to be used where possible, for
3 organization of State committee,
4 Amend Title, page 1, line 11, by striking out "AND" and
5 inserting
6 , for objections to nomination petitions and papers,
7 for absentee elector files and lists
8 Amend Title, page 1, line 12, by removing the period after
9 "filing" and inserting
10 and for advertising.
11 Amend Bill, page 1, lines 19 through 21, by striking out all of
12 said lines and inserting
13 Section 1. Section 527 of the act of June 3, 1937 (P.L.1333,
14 No.320), known as the Pennsylvania Election Code, amended July
15 1, 1987 (P.L.178, No.20) and May 12, 2006 (P.L.178, No.45), is
16 amended to read:
17 Section 527. Public Buildings to Be Used Where Possible;
18 Portable Polling Places.--(a) In selecting polling places, the
19 county board of elections shall, wherever possible and
20 practicable, select schoolhouses, municipal buildings or rooms,
21 or other public buildings for that purpose. Any board of public
22 education or school directors, or county or the municipal
23 authorities shall, upon request of the county board, make
24 arrangements for the use of school property, or of county or
25 municipal property for polling places. No board of public
26 education or school directors may request the county board to
27 exempt any of their schoolhouses under this act. In selecting
28 polling places, the county board of elections shall make every
29 effort to select polling places that provide all electors with
30 an environment that is free from intimidation and violence.
31 In the event no available public building as contemplated
32 under this section is situated within the boundaries of any
33 election district, the county board of elections may, not less
1 than twenty days prior to any election, designate as the polling
2 place for such election district any such public building
3 situated in another election district within the same or
4 immediately adjacent ward, or, if there are no wards, then
5 within the same borough or township as the case may be, provided
6 such other building is located in an election district which is
7 immediately adjacent to the boundary of the election district
8 for which it is to be the polling place and is directly
9 accessible therefrom by public street or thoroughfare. Two or
10 more polling places may be located in the same public building
11 under this section. A polling place may be selected and
12 designated hereunder less than twenty days prior to any
13 election, with the approval of a court of competent
14 jurisdiction.
15 (b) In the event no available public building as
16 contemplated under subsection (a) is situated within the
17 boundaries of a borough which constitutes a single election
18 district, the county board of elections may, not less than ten
19 days prior to any election, designate as the polling place for
20 such election district a municipal building owned by that
21 borough and located in an adjoining second class township:
22 Provided, That the municipal building which is to serve as the
23 polling place is located in an election district immediately
24 adjacent to the boundary of such borough and is directly
25 accessible from the borough by public street or thoroughfare.
26 Such municipal building may be designated as the polling place
27 for an election less than ten days prior to that election, with
28 the approval of a court of competent jurisdiction.
29 (c) The board, in its discretion, may procure and provide
30 portable or movable polling places of adequate size and
31 facilities for any or all election districts.
32 Section 2. Section 804 of the act, amended December 22, 1971
33 (P.L.613, No.165), is amended to read:
34 Section 804. Organization of State Committee; Rules.--Each
35 political party shall be directed by a State committee, to be
36 chosen in such a manner and for such a term of office as party
37 rules may provide. The members of the State committee shall meet
38 for organization not later than the sixth Wednesday following
39 their election, at such hour and place as shall be designated by
40 the State chairman of each political party. The State committee
41 of each political party may make such rules for government of
42 the party in the State, not inconsistent with law, as it may
43 deem expedient; and may also revoke, alter or renew, in any
44 manner not inconsistent with law, any present or future rules of
45 such political party. Such rules shall be posted and maintained
46 on an Internet website of the committee. No such rules shall be
47 effective until a certified copy thereof has been filed in the
48 office of the Secretary of the Commonwealth and posted on the
49 committee's Internet website.
50 Section 3. Section 909 of the act, amended February 19, 1986
51 (P.L.29, No.11), is amended to read:
52 Amend Bill, page 3, by inserting between lines 1 and 2
53 Section 4. Section 977 of the act, amended February 13, 1998
54 (P.L.72, No.18), is amended to read:
55 Section 977. Objections to Nomination Petitions and
56 Papers.--(a) All nomination petitions and papers received and
57 filed within the periods limited by this act shall be deemed to
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1 be valid, unless, within seven days after the last day for
2 filing said nomination petition or paper, a petition is
3 presented to the court specifically setting forth the objections
4 thereto, and praying that the said petition or paper be set
5 aside. A copy of said petition shall, within said period, be
6 served on the officer or board with whom said nomination
7 petition or paper was filed.
8 (b) Upon the presentation of such a petition, the court
9 shall make an order fixing a time for hearing which shall not be
10 later than ten days after the last day for filing said
11 nomination petition or paper, and specifying the time and manner
12 of notice that shall be given to the candidate or candidates
13 named in the nomination petition or paper sought to be set
14 aside. On the day fixed for said hearing, the court shall
15 proceed without delay to hear said objections, and shall give
16 such hearing precedence over other business before it, and shall
17 finally determine said matter not later than fifteen (15) days
18 after the last day for filing said nomination petitions or
19 papers.
20 (c) If the court shall find that said nomination petition or
21 paper is defective under the provisions of section 976, or does
22 not contain a sufficient number of genuine signatures of
23 electors entitled to sign the same under the provisions of this
24 act, or was not filed by persons entitled to file the same, it
25 shall be set aside.
26 (d) If the objections relate to material errors or defects
27 apparent on the face of the nomination petition or paper, the
28 court, after hearing, may, in its discretion, permit amendments
29 within such time and upon such terms as to payment of costs, as
30 the said court may specify.
31 (e) If the objections relate to whether a fatal defect
32 exists in the statement of financial interests appended to the
33 petition as required under 65 Pa.C.S. § 1104(b) (relating to
34 statement of financial interests required to be filed), then,
35 notwithstanding the provisions of 65 Pa.C.S. § 1104(b), the
36 court may permit amendment of the statement of financial
37 interests to correct nonfraudulent errors or omissions in the
38 content of the statement of financial interests so long as the
39 statement of financial interests was filed with the State Ethics
40 Commission or the governing authority of the political
41 subdivision, as required under law.
42 (f) In case any such petition is dismissed, the court shall
43 make such order as to the payment of the costs of the
44 proceedings, including witness fees, as it shall deem just. If a
45 person shall sign any nomination petitions or papers for a
46 greater number of candidates than he is permitted under the
47 provisions of this act, if said signatures bear the same date,
48 they shall, upon objections filed thereto, not be counted on any
49 petition or paper and if they bear different dates, they shall
50 be counted in the order of their priority of date, for only so
51 many persons as there are candidates to be nominated or elected.
52 (g) The office of the Prothonotary of the Commonwealth Court
53 and the office of the Secretary of the Commonwealth and the
54 various offices of prothonotary of the court of common pleas
55 shall be open between the hours of eight-thirty o'clock A.M. and
56 five o'clock P.M. on the last day to withdraw after filing
57 nomination petitions and on the last day to file objections to
58 nomination petitions.
59 Section 5. Section 1302.3 of the act, amended December 11,
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1 1968 (P.L.1183, No.375), is amended to read:
2 Section 1302.3. Absentee Electors Files and Lists.--(a) The
3 county board of elections shall maintain at its office a file
4 containing the duplicate absentee voter's temporary registration
5 cards of every registered elector to whom an absentee ballot has
6 been sent. Such duplicate absentee voter's temporary
7 registration cards shall be filed by election districts and
8 within each election district in exact alphabetical order and
9 indexed. The registration cards so filed shall constitute the
10 Registered Absentee Voters File for the Primary or Election of
11 (date of primary or election) and shall be kept on file for a
12 period commencing the Tuesday prior to the day of the primary or
13 election until the day following the primary or election or the
14 day the county board of elections certifies the returns of the
15 primary or election, whichever date is later. Such file shall be
16 open to public inspection at all times subject to reasonable
17 safeguards, rules and regulations.
18 (b) The county board of elections shall post in a
19 conspicuous public place at its office a master list arranged in
20 alphabetical order by election districts setting forth the name
21 and residence, and at primaries, the party enrollment, of [(1)
22 every military elector to whom an absentee ballot is being sent,
23 each such name to be prefixed with an "M"; (2)] every bedridden
24 or hospitalized veteran outside the county of his residence who
25 is not registered and to whom an absentee ballot is being sent,
26 each such name to be prefixed with a "V"; and [(3)] every
27 registered elector who has filed his application for an absentee
28 ballot too late for the extraction of his original registration
29 card and to whom a ballot is being sent and every qualified
30 elector who has filed his application for an absentee ballot and
31 is entitled, under provisions of [the Permanent Registration Law
32 as now or hereinafter enacted by the General Assembly] law, to
33 absentee registration prior to or concurrently with the time of
34 voting, each such name to be prefixed with a "C." This list
35 shall be known as the [Military,] Veterans and Emergency
36 Civilians Absentee Voters File for the Primary or Election of
37 (date of primary or election) and shall be posted for a period
38 commencing the Tuesday prior to the day of the primary or
39 election until [the day following the primary or election or]
40 the day on which the county board of elections certifies the
41 returns of the primary or election, whichever date is later.
42 Such file shall be open to public inspection at all times
43 subject to reasonable safeguards, rules and regulations. [This]
44 Except as provided in subsection (b.1), this posted list shall
45 not contain any military address or references to any military
46 organization. Upon written request, the county board shall
47 furnish a copy of such list to any candidate or party county
48 chairman.
49 (b.1) The county board shall also maintain a list of all
50 absentee ballots which are received from electors qualified in
51 accordance with section 1301(a), (b), (c) and (d) after five
52 o'clock P. M. on the Friday before the election but before eight
53 o'clock P. M. on the day of the election, and those received up
54 to the seventh day following the election and which contain
55 postmarks dated no later than the day preceding the election.
56 This list shall be available for public inspection upon written
57 request at the office of the county board of elections subject
58 to reasonable safeguards, rules and regulations. Upon written
59 request, the county board shall furnish a copy of such list to
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1 any candidate or party county chairman.
2 (c) Not less than five days preceding the election, the
3 chief clerk shall prepare a list for each election district
4 showing the names and post office addresses of all voting
5 residents thereof to whom official absentee ballots shall have
6 been issued. Each such list shall be prepared in duplicate,
7 shall be headed "Persons in (give identity of election district)
8 to whom absentee ballots have been issued for the election of
9 (date of election)," and shall be signed by him not less than
10 four days preceding the election. [He] Except as provided in
11 subsection (b.1), he shall post the original of each such list
12 in a conspicuous place in the office of the county election
13 board and see that it is kept so posted until the close of the
14 polls on election day subject to reasonable safeguards, rules
15 and regulations. He shall cause the duplicate of each such list
16 to be delivered to the judge of election in the election
17 district in the same manner and at the same time as are provided
18 in this act for the delivery of other election supplies, and it
19 shall be the duty of such judge of election to post such
20 duplicate list in a conspicuous place within the polling place
21 of his district and see that it is kept so posted throughout the
22 time that the polls are open. Upon written request, he shall
23 furnish a copy of such list to any candidate or party county
24 chairman.
25 Amend Sec. 2, page 3, line 2, by striking out "2" and
26 inserting
27 6
28 Amend Sec. 2 (Sec. 1632), page 4, line 6, by striking out
29 "any person who" and inserting
30 such person if the person
31 Amend Bill, page 4, by inserting between lines 24 and 25
32 Section 7. Section 1638(a) of the act, added October 4, 1978
33 (P.L.893, No.171), is amended to read:
34 Section 1638. Advertising.--
35 (a) Whenever any person makes an expenditure for the purpose
36 of financing communications expressly advocating the election or
37 defeat of a candidate, or ballot questions, through any
38 broadcasting station, newspaper, magazine, outdoor advertising
39 facility, direct mailing, e-mail, Internet advertising,
40 automatic dialing-announcing device, telephone call which
41 includes an automated message, facsimile or any other type of
42 general public political advertising, such communication:
43 (1) If authorized by the candidate, his authorized political
44 committee or their agents, shall clearly and conspicuously state
45 that the communication has been authorized.
46 (2) If not authorized by a candidate, his authorized
47 political committee, or their agents, shall clearly and
48 conspicuously state the name of the person who made or financed
49 the expenditure for the communication, including, in the case of
50 a political committee the name of any affiliated or connected
51 organization.
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1 * * *
2 Amend Sec. 3, page 4, line 25, by striking out all of said
3 line and inserting
4 Section 8. This act shall take effect immediately.
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