PRINTER'S NO. 965
No. 884 Session of 1987
INTRODUCED BY HUTCHINSON, OLIVER, SWEET, NOYE, KUKOVICH, STAIRS,
COHEN, HONAMAN, FREIND AND CLARK, MARCH 17, 1987
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 1987
AN ACT
1 Amending Title 25 (Elections) of the Pennsylvania Consolidated
2 Statutes, adding provisions relating to elections and
3 registration of electors; and making repeals.
4 TABLE OF CONTENTS
5 TITLE 25
6 ELECTIONS
7 PART I. PRELIMINARY PROVISIONS
8 Chapter 1. General Provisions
9 § 101. Short titles.
10 § 102. Definitions.
11 § 103. Acts done on Saturdays, Sundays and legal holidays.
12 § 104. Publication of notices.
13 § 105. Inspection of public records.
14 § 106. Preservation of records.
15 § 107. Administration of oaths.
16 § 108. Election day duties of the court.
17 § 109. Privileges from arrest.
18 § 110. Limitation of actions regarding elections.
1 PART II. ELECTION AND REGISTRATION OFFICIALS
2 Chapter 3. Secretary of the Commonwealth
3 § 301. Powers and duties of secretary.
4 Chapter 5. Election Commissions
5 Subchapter A. General Provisions
6 § 501. Election commissions.
7 § 502. Powers and duties of commissions.
8 § 503. Subpoenas, witnesses and fees.
9 § 504. Watchers or attorneys at sessions of commissions.
10 § 505. Presence of candidates at proceedings.
11 Subchapter B. Financial Provisions
12 § 511. Duties of appropriating authorities.
13 § 512. Reimbursement by Commonwealth.
14 § 513. Funds from other sources.
15 § 514. Liability for special elections.
16 Subchapter C. Employees
17 § 521. Authority to appoint employees.
18 § 522. Chief clerk.
19 § 523. Counsel.
20 § 524. Registrars.
21 § 525. Inspectors of registration.
22 § 526. Oath and compensation of registrars and inspectors of
23 registration.
24 Chapter 7. District Election Officers
25 § 701. District election boards.
26 § 702. Qualifications of election officers.
27 § 703. Tie vote for judge and inspector.
28 § 704. Clerks of election and machine inspectors.
29 § 705. Selection of district election boards.
30 § 706. Oath of election officers.
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1 § 707. Compensation of election officers.
2 § 708. Instruction of election officials.
3 § 709. Overseers of election.
4 § 710. Watchers.
5 PART III. ELECTORS
6 Chapter 9. Qualifications of Electors
7 § 901. Qualifications of electors in general.
8 § 902. Qualifications of electors at primaries.
9 § 903. Residence of electors.
10 § 904. Rules for determining residence.
11 PART IV. REGISTRATION
12 Chapter 11. Qualifications and Procedures for Registration
13 Subchapter A. General Provisions
14 § 1101. Qualifications for registration.
15 § 1102. Places, days and hours of registration.
16 § 1103. Registration cards.
17 § 1104. Mail registration applications.
18 § 1105. In-person registration.
19 § 1106. General mail registration.
20 § 1107. Approval of official registration applications.
21 § 1108. Registration by persons in the uniformed services, the
22 Merchant Marine, certain religious and welfare groups
23 and overseas civilian Federal personnel.
24 § 1109. Registration by persons employed by Commonwealth or
25 Federal Government.
26 § 1110. Elector's identification cards.
27 § 1111. Change in elector's county of residence.
28 § 1112. Removal notices.
29 § 1113. Elector's change of address within same election
30 district.
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1 § 1114. Transfer of registration.
2 § 1115. Change of enrollment.
3 § 1116. Disabled electors.
4 § 1117. Reports of deaths and changes of residence.
5 § 1118. Checkup of registers.
6 § 1119. Canvass of registered electors.
7 § 1120. General register.
8 § 1121. District registers.
9 § 1122. Comparison and correction of registers.
10 § 1123. Street lists.
11 § 1124. Delivery of district registers to election officers.
12 § 1125. Examination of district registers and voting
13 checklists.
14 § 1126. Cancellation or suspension of registration upon failure
15 to vote during two calendar years.
16 § 1127. Cancellation, removal and preservation of registration
17 cards and other records.
18 § 1128. Correction of erroneous cancellation or suspension of
19 registration.
20 § 1129. Watchers at places of registration.
21 Subchapter B. Challenges to Registration
22 § 1151. Challenges to applicants for registration.
23 § 1152. Challenges to party enrollment.
24 § 1153. Incomplete or rejected applications.
25 § 1154. Appeal of rejected applicants.
26 § 1155. Petition to strike off names.
27 § 1156. Appeal of denial of registration.
28 PART V. TIME AND PLACE OF VOTING
29 Chapter 13. Election Districts and Polling Places
30 Subchapter A. Election Districts
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1 § 1301. Composition of election districts.
2 § 1302. Changing election districts.
3 Subchapter B. Polling Places
4 § 1311. Location of polling places.
5 § 1312. Change of polling places.
6 § 1313. Equipment and arrangement of polling places.
7 § 1314. Compensation for rent, heat and light.
8 Chapter 15. Types of Elections
9 Subchapter A. Primaries and November Elections
10 § 1501. Officers to be elected at general election.
11 § 1502. Officers to be elected at municipal election.
12 § 1503. Candidates to be nominated at general primary.
13 § 1504. Candidates to be nominated at municipal primary.
14 § 1505. Elections on proposed constitutional amendments.
15 Subchapter B. Special Elections
16 § 1511. Special elections for United States senator.
17 § 1512. Special elections for representative in Congress.
18 § 1513. Special elections for members of General Assembly.
19 § 1514. Special elections for members of municipal bodies.
20 PART VI. PARTIES AND POLITICAL BODIES
21 Chapter 17. Parties and Political Bodies
22 § 1701. Definition of parties and political bodies.
23 § 1702. Eligibility to hold party offices.
24 § 1703. Election of members of national or State committee and
25 party officers.
26 § 1704. Election of national committeemen.
27 § 1705. State committees.
28 § 1706. County committees and other party officers.
29 § 1707. District committees.
30 § 1708. Selection of delegates to national conventions.
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1 § 1709. Delegate and alternate delegate commitments.
2 PART VII. NOMINATION OF CANDIDATES
3 Chapter 19. Nomination of Party Candidates at Primaries
4 § 1901. Candidates nominated and party officers elected at
5 primaries.
6 § 1902. Requirements for listing of candidates on primary
7 ballots.
8 § 1903. Circulation of nomination petitions.
9 § 1904. Form of nomination petitions and affidavits of
10 circulators.
11 § 1905. Number of signers required on nomination petitions.
12 § 1906. Affidavits of candidates.
13 § 1907. Statements of delegates to national convention.
14 § 1908. Place and time of filing petitions and filing fees.
15 § 1909. Withdrawal of candidates prior to primary.
16 § 1910. Casting of lots for ballot position in primary.
17 § 1911. Filling of vacancy caused by death of person named in
18 nomination petition.
19 § 1912. Nomination of presidential electors.
20 § 1913. Failure to comply with certain nomination requirements.
21 Chapter 21. Nomination of Candidates by Political Bodies
22 § 2101. Nomination papers.
23 § 2102. Limitations on eligibility of candidates.
24 § 2103. Circulation of nomination papers.
25 § 2104. Content and form of nomination papers.
26 § 2105. Affidavits of candidates.
27 § 2106. Place and time of filing nomination papers.
28 § 2107. Filing of nomination papers.
29 Chapter 23. Other Nominations
30 Subchapter A. General Provisions
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1 § 2301. Withdrawal of nominated candidates.
2 § 2302. Revocation of candidacy for judicial retention.
3 § 2303. Withdrawal by order of court.
4 § 2304. Form of nomination certificates.
5 Subchapter B. Nominations to Fill Vacancies in Office
6 § 2311. Special elections.
7 § 2312. Counties undergoing a change in classification.
8 § 2313. Nominations to fill certain vacancies.
9 Subchapter C. Substituted Nominations
10 § 2321. Substituted nominations by parties.
11 § 2322. Substituted nominations by political bodies.
12 § 2323. Time for filing substituted nomination certificates.
13 Chapter 25. Examination of Nomination Documents and
14 Certification of Candidates
15 Subchapter A. Examination of Nomination Documents
16 § 2501. Examination of nomination petitions, certificates and
17 papers.
18 § 2502. Groups advocating violent overthrow of government.
19 Subchapter B. Objections and Judicial Review
20 § 2511. Objections to nomination petitions and papers.
21 § 2512. Filing of objections to nomination certificates and
22 papers to fill vacancies.
23 Subchapter C. Certification of Candidates
24 § 2521. Certification of candidates by secretary to
25 commissions.
26 PART VIII. REPORTING OF CAMPAIGN EXPENSES
27 Chapter 27. Reports
28 § 2701. Definitions.
29 § 2702. Organization of political committees.
30 § 2703. Authorization of political committees.
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1 § 2704. Registration of political committees.
2 § 2705. Lobbyists.
3 § 2706. Reporting by candidates, political committees and
4 other persons.
5 § 2707. Record of sums expended.
6 § 2708. Waiver of reporting by local candidates upon filing of
7 additional affidavits.
8 § 2709. Annual reports.
9 § 2710. Late contributions and independent expenditures.
10 § 2711. Verification and use of statements and reports.
11 § 2712. Residual funds.
12 § 2713. Manner of filing reports.
13 § 2714. Late filing fees and certificates of filing.
14 § 2715. Contributions by banks, corporations or unincorporated
15 associations.
16 § 2716. Prohibited contributions.
17 § 2717. Lawful election expenses.
18 § 2718. Independent audits of reports.
19 § 2719. Audit upon petition to court.
20 § 2720. Proceedings against candidates violating provisions on
21 contributions and expenditures.
22 § 2721. Identification of advertisers.
23 § 2722. Duties of secretary or commissions.
24 § 2723. Additional powers and duties of secretary.
25 § 2724. Reports by business entities.
26 § 2725. Enforcement.
27 PART IX. CONDUCT OF ELECTIONS
28 Chapter 29. General Provisions
29 § 2901. Definitions.
30 § 2902. Conduct of special elections.
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1 § 2903. Commission offices to remain open during elections.
2 § 2904. Voting by ballot.
3 Chapter 31. Preparation for Elections
4 Subchapter A. Ascertainment of Parties and Offices and
5 Notice Requirements
6 § 3101. Determination and certification of parties.
7 § 3102. Ascertainment of offices for which candidates are to be
8 nominated.
9 § 3103. Notices regarding offices for nomination.
10 § 3104. Publication of notice of officers to be nominated and
11 elected.
12 § 3105. Notice of November election.
13 Subchapter B. Acquisition of Voting Equipment
14 § 3111. Authorization of voting equipment.
15 § 3112. Election on authorization of equipment.
16 § 3113. Acquisition and installation.
17 § 3114. Discontinuance.
18 § 3115. Temporary use of voting equipment.
19 § 3116. Examination and approval of voting equipment by
20 secretary.
21 § 3117. Requirements for approval of machines.
22 § 3118. Requirements for approval of electronic voting systems.
23 § 3119. Payment for voting equipment.
24 Subchapter C. Preparation of Official Ballots, Supplies and
25 Equipment
26 § 3131. General arrangement of ballots and ballot labels.
27 § 3132. Arrangement of ballots and ballot labels at primaries.
28 § 3133. Arrangement of ballots and ballot labels at elections
29 other than primaries.
30 § 3134. Paper ballots.
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1 § 3135. Form of paper ballots at primaries.
2 § 3136. Form of paper ballots for November and special
3 elections.
4 § 3137. Form of ballot labels on voting machines.
5 § 3138. Form of ballot labels on electronic voting devices.
6 § 3139. Number of ballots to be printed and specimen ballots.
7 § 3140. Public availability of election materials.
8 § 3141. Duties of commissions as to accuracy and safekeeping of
9 ballots.
10 § 3142. Record of paper ballots.
11 § 3143. Instruction of electors prior to election.
12 § 3144. Elector's certificates.
13 § 3145. Preparation of voting equipment.
14 § 3146. Delivery of ballots and supplies.
15 § 3147. Delivery of machines and supplies.
16 § 3148. Delivery of electronic voting systems and supplies.
17 Chapter 33. Voting Procedures
18 Subchapter A. Voting by Absentee Electors
19 § 3301. Absentee electors.
20 § 3302. Applications for official absentee ballots.
21 § 3303. Date of application for absentee ballots.
22 § 3304. Approval of applications for absentee ballots.
23 § 3305. Absentee electors files and lists.
24 § 3306. Ballots of official absentee electors.
25 § 3307. Envelopes for absentee voting materials.
26 § 3308. Delivering or mailing ballots.
27 § 3309. Voting by absentee electors.
28 § 3310. Assistance in voting to certain absentee electors.
29 § 3311. Electors in the uniformed services voting in district
30 of residence.
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1 § 3312. Absentee voting in public institutions.
2 § 3313. Absentee electors for presidential and vice
3 presidential electors.
4 § 3314. Overseas electors for Federal elections.
5 Subchapter B. Voting in Person
6 § 3321. Time for opening and closing polls.
7 § 3322. Peace officers.
8 § 3323. Meeting and duties of election officers.
9 § 3324. Opening of polls using ballots.
10 § 3325. Opening of polls using voting machines.
11 § 3326. Opening of polls using electronic voting systems.
12 § 3327. Procedure upon application to vote.
13 § 3328. Grounds for rejection of votes.
14 § 3329. Voting checklists and record of refused applications to
15 vote.
16 § 3330. Decision as to qualification of electors.
17 § 3331. Procedure within enclosed space.
18 § 3332. Marking and casting ballots.
19 § 3333. Instruction of electors and manner of voting where
20 voting machines are used.
21 § 3334. Instruction of electors and manner of voting where
22 electronic voting systems are used.
23 § 3335. Time allowed electors in voting booth.
24 § 3336. Assistance in voting.
25 § 3337. Record of assisted voters.
26 § 3338. Issuance and use of ballots.
27 § 3339. Alternative methods in districts using voting
28 equipment.
29 § 3340. Regulations in force at polling places.
30 § 3341. Duties after closing in paper ballot districts.
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1 § 3342. Duties after closing in voting machine districts.
2 § 3343. Duties after closing concerning electronic voting
3 systems.
4 § 3344. Custody of equipment when not in use.
5 PART X. ELECTION RESULTS
6 Chapter 35. Tabulation and Computation of Returns
7 Subchapter A. Tabulation of Absentee Returns
8 § 3501. Canvassing of official absentee ballots.
9 Subchapter B. Tabulation of Ballots
10 § 3511. Procedure for counting ballots.
11 § 3512. Interpretation of ballots.
12 § 3513. Signing and disposition of documents.
13 Subchapter C. Tabulation Using Voting Machines
14 § 3521. Canvass and return of votes.
15 § 3522. Signing and disposition of documents.
16 § 3523. Removal and storage of voting machines.
17 Subchapter D. Tabulation Using Electronic Voting Systems
18 § 3531. General provisions.
19 § 3532. District tabulation.
20 § 3533. Central tabulation.
21 § 3534. Tabulation of write-in votes.
22 § 3535. Tabulation of absentee ballots.
23 § 3536. Preservation of materials.
24 Subchapter E. Computation of Returns by Commissions
25 § 3551. Public access to returns and materials.
26 § 3552. Preparation for computation.
27 § 3553. Membership of return boards.
28 § 3554. Computation of votes.
29 § 3555. Public announcement of results.
30 § 3556. Verification of returns.
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1 § 3557. Manner of computing write-in ballots.
2 § 3558. Candidates nominated under different names.
3 § 3559. Appeal to court from commissions.
4 § 3560. Determination of nominees.
5 § 3561. Duties of commissions regarding election results.
6 § 3562. Duties of secretary with respect to local returns.
7 § 3563. Tie votes.
8 § 3564. Officers to be commissioned by Governor.
9 § 3565. Certification by secretary.
10 Chapter 37. Recanvass and Contests
11 Subchapter A. Recanvass
12 § 3701. Recanvass of voting machines arising at computation.
13 § 3702. Petitions to recanvass.
14 § 3703. Procedure upon petitions to recanvass.
15 Subchapter B. Contests in General
16 § 3711. Classes of nomination and election contests.
17 § 3712. Petitions.
18 § 3713. Petitioners and affidavits.
19 § 3714. Bond by petitioners.
20 § 3715. Notice of hearing.
21 § 3716. Substitute judge.
22 § 3717. Conduct of hearings.
23 § 3718. Witnesses.
24 § 3719. Costs of contests.
25 § 3720. Invalidity of vote due to defective ballots.
26 § 3721. Notice of order of court.
27 Subchapter C. Contests Regarding Governor and Lieutenant
28 Governor
29 § 3741. Committee of General Assembly to try contest.
30 § 3742. Initial proceedings on contest petitions.
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1 § 3743. Senate members of contest committee.
2 § 3744. House members of contest committee.
3 § 3745. Challenges.
4 § 3746. Verification of proper selection of committee.
5 § 3747. Final selection of committee.
6 § 3748. Members to remain until final selection.
7 § 3749. Final qualification of committee.
8 § 3750. Time and place of meeting.
9 § 3751. Absence from committee.
10 § 3752. Meetings of committee.
11 § 3753. Presiding officer of committee.
12 § 3754. Powers of committee.
13 § 3755. Proceedings before committee.
14 § 3756. Conduct and report of committee.
15 § 3757. Report of committee to be final.
16 § 3758. New election if invalid.
17 § 3759. Pay of witnesses.
18 Subchapter D. Contests Regarding Other Commonwealth
19 Officials and Appellate Judges
20 § 3761. Commonwealth Court to have jurisdiction.
21 § 3762. Entry and effect of decisions.
22 Subchapter E. Contests Regarding Judges of Judicial
23 Districts
24 § 3771. Jurisdiction.
25 § 3772. Procedure to contest.
26 § 3773. Certification and effect of decisions.
27 Subchapter F. Contests Regarding Congress and General
28 Assembly
29 § 3781. Jurisdiction.
30 § 3782. Method of contest.
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1 § 3783. Parties.
2 § 3784. Decision of court.
3 § 3785. Return of result to proper house.
4 § 3786. Appeal to proper house.
5 § 3787. Action on appeal petition.
6 Subchapter G. Contests Regarding Local Offices
7 § 3791. Jurisdiction.
8 PART XI. VIOLATIONS AND PENALTIES
9 Chapter 39. Violations and Penalties
10 Subchapter A. General Provisions
11 § 3901. Applicability of Crimes Code.
12 Subchapter B. Offenses Applicable to Specific Classes of
13 Persons
14 § 3911. Election officers.
15 § 3912. Candidates and political committees.
16 § 3913. Corporations and associations.
17 § 3914. Electors.
18 § 3915. Peace officers.
19 § 3916. Printers.
20 Subchapter C. Offenses Generally Applicable
21 § 3921. Preparation of registration applications.
22 § 3922. Unlawful voting.
23 § 3923. Bribery and illegal influence.
24 § 3924. Disobeying lawful instructions or subpoenas.
25 § 3925. Unlawful possession of ballots and keys and
26 counterfeiting ballots.
27 § 3926. Removing ballots.
28 § 3927. Violation of advertising provisions.
29 § 3928. Violations of other provisions.
30 Subchapter D. Other Penalties
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1 § 3941. Candidates violating law disqualified from holding
2 office.
3 § 3942. Persons violating law to be disfranchised.
4 PART XII. MISCELLANEOUS PROVISIONS
5 Chapter 41. Electoral College
6 § 4101. Election of presidential electors.
7 § 4102. Meeting and duties of electors.
8 § 4103. Filling of vacancies.
9 § 4104. Compensation and expenses of electoral college.
10 Chapter 43. Electoral Districts
11 Subchapter A. Congressional Districts (Reserved)
12 Subchapter B. Municipal Districts
13 § 4351. Short title of subchapter.
14 § 4352. Reapportionment of municipality.
15 § 4353. Petition for reapportionment.
16 § 4354. Contest of reapportionment.
17 § 4355. Members of governing body.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Title 25 of the Pennsylvania Consolidated
21 Statutes is amended by adding parts to read:
22 TITLE 25
23 ELECTIONS
24 Part
25 I. Preliminary Provisions
26 II. Election and Registration Officials
27 III. Electors
28 IV. Registration
29 V. Time and Place of Voting
30 VI. Parties and Political Bodies
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1 VII. Nomination of Candidates
2 VIII. Reporting of Campaign Expenses
3 IX. Conduct of Elections
4 X. Election Results
5 XI. Violations and Penalties
6 XII. Miscellaneous Provisions
7 PART I
8 PRELIMINARY PROVISIONS
9 Chapter
10 1. General Provisions
11 CHAPTER 1
12 GENERAL PROVISIONS
13 Sec.
14 101. Short titles.
15 102. Definitions.
16 103. Acts done on Saturdays, Sundays and legal holidays.
17 104. Publication of notices.
18 105. Inspection of public records.
19 106. Preservation of records.
20 107. Administration of oaths.
21 108. Election day duties of the court.
22 109. Privileges from arrest.
23 110. Limitation of actions regarding elections.
24 § 101. Short titles.
25 (a) Election Code.--This title shall be known and may be
26 cited as the Election Code.
27 (b) Registration Act.--Parts I (relating to preliminary
28 provisions) through IV (relating to registration) and XI
29 (relating to violations and penalties) may be cited as the
30 Registration Act.
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1 (c) Election Law.--Parts I (relating to preliminary
2 provisions), II (relating to election and registration
3 officials) and V (relating to time and place of voting) through
4 XII (relating to miscellaneous provisions) may be cited as the
5 Election Law.
6 § 102. Definitions.
7 Subject to additional definitions contained in subsequent
8 provisions of this title which are applicable to specific
9 provisions of this title, the following words and phrases when
10 used in this title shall have the meanings given to them in this
11 section unless the context clearly indicates otherwise:
12 "Absentee elector." An elector authorized by this title to
13 vote by absentee ballot.
14 "Canvass." Gathering the ballots after the election and
15 counting, computing and tallying the votes.
16 "County." Includes a city of the first class.
17 "County treasurer." In counties which have adopted a home
18 rule charter or optional plan, includes the official or employee
19 responsible for the receipt and deposit of county funds.
20 "Court." The court of common pleas.
21 "Department." The Department of State of the Commonwealth.
22 "District election board." The officers who conduct
23 elections in any election district.
24 "District register." The registration list including the
25 registration cards of electors prepared by the commission for an
26 election district.
27 "Election." A general, municipal, primary or special
28 election.
29 "Election commission" or "commission." The commission of
30 elections of any county and the commission of elections of any
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1 city of the first class.
2 "Election district" or "district." A district, division or
3 precinct within which all electors vote at one polling place.
4 "Elector." A person who possesses all of the qualifications
5 for voting prescribed by the Constitution of the United States
6 and the Constitution of Pennsylvania and by Chapter 9 (relating
7 to qualifications of electors) and is registered if so required
8 under this title.
9 "Federal election." Any election held solely or in part for
10 the purpose of selecting, nominating or electing any candidate
11 for the office of President, Vice President, presidential
12 elector, member of the United States Senate, member of the
13 United States House of Representatives or delegate and alternate
14 delegate to a national convention of a party for the purpose of
15 nominating candidates for President and Vice President.
16 "General election." The election held biennially on the
17 Tuesday next following the first Monday of November in each
18 even-numbered year.
19 "General register." The alphabetical index maintained by the
20 commission of the registration cards for all municipal
21 corporations in the county.
22 "Independent nomination." The selection by a political body
23 of a candidate for a public office.
24 "Municipal election." The election held in each odd-numbered
25 year on the Tuesday next following the first Monday of November,
26 unless a different date is set.
27 "November election." The general or municipal election, or
28 both.
29 "Overseas elector." A person who possesses all the
30 qualifications to vote pursuant to the Overseas Citizens Voting
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1 Rights Act of 1975 (Public Law 94-203, 42 U.S.C. § 1973dd et
2 seq.) and under section 901(c) (relating to qualifications of
3 electors in general).
4 "Party." A political party as defined in section 1701
5 (relating to definition of parties and political bodies).
6 "Party nomination." The selection by a party of a candidate
7 for public office.
8 "Political body." An independent body of electors as defined
9 in section 1701 (relating to definition of parties and political
10 bodies).
11 "Polling place." The room provided in each election district
12 for voting at an election.
13 "Primary" or "primary election." An election held for the
14 purpose of electing party officers and nominating candidates for
15 public office.
16 "Public institution." An institution primarily maintained by
17 the Federal or State government or by a political subdivision
18 including, but not limited to, veterans' hospitals and homes,
19 State hospitals, poorhouses and county homes.
20 "Public office." Every public office to which persons can be
21 elected by a vote of electors.
22 "Register." The cards containing, or to contain, all or any
23 part of the registry list of electors prepared, or to be
24 prepared, by the commission.
25 "Registered and enrolled member of a party." An elector
26 registered according to political designation.
27 "Secretary." The Secretary of the Commonwealth.
28 "Special election." An election other than a regularly
29 scheduled general, municipal or primary election.
30 "Write-in ballot." The paper or other material on which a
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1 vote is cast for a person whose name does not appear on the
2 official ballot.
3 § 103. Acts done on Saturdays, Sundays and legal holidays.
4 No part of any day fixed for the performance of any duties by
5 any person or official under this title shall be deemed a
6 Saturday, Sunday or legal holiday so as to affect the legality
7 of any work done for the purpose of carrying out the provisions
8 of this title, or the right of any person to any compensation
9 provided for in this title for rendering any service required,
10 or so as to relieve any person from doing on that day whatever
11 is necessary for these purposes, and these services are declared
12 to be necessary public services.
13 § 104. Publication of notices.
14 Whenever, under this title, notice is required to be given by
15 newspaper publication in a county or in a municipal corporation
16 thereof, the notice shall be published in at least two and not
17 more than three newspapers of general circulation as defined in
18 45 Pa.C.S. § 101 (relating to definitions). If there are not two
19 newspapers of general circulation, then publication shall be
20 made in at least either one newspaper of general circulation or
21 one newspaper of general circulation published in an adjacent
22 county and circulating in the municipality in which the notice
23 is required to be published. Whenever the notice relates to any
24 matter or proceeding in court or to the sale of bonds or the
25 increase of indebtedness, the notice shall also be published in
26 the legal newspaper, if any, in the proper county if publication
27 can be made on the same day or days as publication is made in
28 newspapers of general circulation.
29 § 105. Inspection of public records.
30 (a) Secretary of the Commonwealth.--The public records of
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1 the secretary, including, but not limited to, all returns,
2 nomination petitions, certificates and papers, other petitions,
3 accounts, contracts, reports and other records in his custody,
4 shall be open to public inspection and may be inspected and
5 copied by any elector during ordinary business hours, except
6 when they are necessarily being used by the secretary in the
7 course of his duties. The public inspection shall only be in the
8 presence of the secretary or one of his authorized employees and
9 shall be subject to proper regulation for safekeeping of the
10 records to the further provisions of this title and to the act
11 of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-
12 Know Law.
13 (b) Election commissions.--The public records of each
14 election commission, including, but not limited to, general and
15 duplicate returns, tally papers, affidavits and declarations of
16 voters and others, nomination petitions, certificates and
17 papers, district registers, street lists, voters' checklists,
18 voters' certificates, official voter registration applications,
19 official absentee ballots, absentee ballot files, applications
20 for absentee ballots, petitions, appeals, witness lists,
21 accounts, contracts, reports and other records in its custody,
22 except the general register, the content of ballot boxes and
23 voting machines and records of assisted voters, shall be open to
24 public inspection except as provided in this subsection. The
25 public records may be inspected and copied by any elector of the
26 county during ordinary business hours, except when they are
27 necessarily being used by the commission in the course of its
28 duties or when such inspection or copying would unreasonably
29 interfere with the efficient performance of the duties of the
30 commission. The public inspection shall only be in the presence
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1 of a member or authorized employee of the commission and shall
2 be subject to proper regulation for safekeeping of the records
3 to the further provisions of this title and to the Right-to-Know
4 Law. General and duplicate returns, tally papers, affidavits of
5 voters and others, and all other records required to be returned
6 by the election officers to the commission sealed, shall be open
7 to public inspection only after the commission, in the course of
8 computation and canvassing the returns, has broken the seals and
9 finished, for the time, its use of the papers in connection
10 therewith. Upon request of an elector, a photocopy of the record
11 shall be provided at cost.
12 (c) Prohibition against improper use.--The records open to
13 inspection by the public shall not be used for commercial or
14 improper purposes.
15 § 106. Preservation of records.
16 (a) Secretary of the Commonwealth.--All records in the
17 office of the secretary shall be preserved for a period of at
18 least two years.
19 (b) Election commissions.--All nomination petitions,
20 certificates and papers in the office of each election
21 commission or records and papers in its possession relating to
22 any application, registration or other act requisite to voting
23 in an election shall be preserved therein for a period of at
24 least two years and all other records or papers shall be
25 preserved therein for a period of at least 11 months. All
26 official ballots and the contents of ballot boxes shall be
27 preserved for a period of at least four months. In the event the
28 commission has been notified in writing by the district attorney
29 of the county, or by a judge of a court, to preserve those
30 papers or contents of ballot boxes for a longer period of time,
19870H0884B0965 - 23 -
1 for the purposes of pending prosecution or litigation, those
2 records shall be preserved accordingly.
3 (c) Tabulating cards.--The election commission shall package
4 and retain all tabulating cards and other materials used in the
5 preparation of the automatic tabulating equipment but may have
6 access to these tabulating cards and other materials. It shall
7 not alter or make changes to these materials but may make copies
8 of them and make changes to the copies. All such materials shall
9 be preserved and maintained by the commission for a period of at
10 least 11 months.
11 § 107. Administration of oaths.
12 Oaths required under this title may be administered by a
13 commissioned officer in military service, a member of the
14 Merchant Marine of the United States designated for this purpose
15 by the United States Secretary of Commerce, the chief clerk and
16 a registrar appointed by a commission and a civilian official
17 empowered by any state or Federal law to administer oaths.
18 Judges of election and inspectors of election shall have the
19 power to administer oaths to a person claiming the right to vote
20 or to witnesses in any matter or thing required to be done or
21 inquired into by them.
22 § 108. Election day duties of the court.
23 (a) Election day session of the court.--The court shall be
24 in continuous session on the day of each election from 7 a.m.
25 until 10 p.m. and so long thereafter as is necessary to secure a
26 free, fair and correct computation and canvass of the votes cast
27 at the elections. In judicial districts having only one judge of
28 the court, the judge may recess the court between 12 noon and 2
29 p.m. and between 5:30 p.m. and 7 p.m.
30 (b) Duties in general.--In the course of its election day
19870H0884B0965 - 24 -
1 session, the court shall act as a committing magistrate for any
2 violation of this title; shall settle summarily controversies
3 that may arise with respect to the conduct of the election; and
4 shall issue process, if necessary, to enforce and secure
5 compliance with this title.
6 (c) Petitions and other matters.--The court shall hear and
7 determine:
8 (1) The petition of any elector who has been duly
9 registered as an elector of the county but who, due to
10 circumstances beyond his control, has failed to file a
11 removal notice or reinstatement card in order to insure the
12 inclusion of his registration card in the district register
13 of the election district of his residence; or who has
14 suffered a physical disability which renders him unable to
15 see or mark the ballot or to operate the voting machine or to
16 enter the voting machine compartment or voting booth without
17 assistance and, due to circumstances beyond his control, was
18 unable to make application personally at the office of the
19 commission within the time prescribed by this title in order
20 to have that fact entered on his registration card; or who is
21 a duly discharged veteran and was unable, by reason of his
22 service in the armed forces, to register within the time
23 fixed by this title.
24 (2) The petition of any member of the commission, chief
25 clerk, registrar or clerk, setting forth that the right to
26 vote of a particular elector has been denied by reason of an
27 error by the commission.
28 (3) All matters as may be necessary to carry out the
29 intent of this title.
30 § 109. Privileges from arrest.
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1 (a) Election officers.--Members of election commissions,
2 judges, inspectors of election, overseers, clerks, machine
3 inspectors, inspectors of electronic voting systems, custodians
4 of voting machines or electronic voting systems registrars and
5 inspectors of registration shall be privileged from arrest upon
6 election days and while performing their duties as such under
7 this title unless pursuant to a warrant for a criminal violation
8 of this title or of Title 18 (relating to crimes and offenses)
9 constituting election fraud, a felony or a wanton breach of the
10 peace.
11 (b) Electors.--Electors shall in all cases, except treason,
12 felony and breach or surety of the peace, be privileged from
13 arrest during their attendance at elections and in going to and
14 returning therefrom.
15 § 110. Limitation of actions regarding elections.
16 No election shall be invalidated by reason of errors made in
17 connection therewith unless an action or contest is instituted
18 concerning the election within one year from the date thereof.
19 PART II
20 ELECTION AND REGISTRATION OFFICIALS
21 Chapter
22 3. Secretary of the Commonwealth
23 5. Election Commissions
24 7. District Election Officers
25 CHAPTER 3
26 SECRETARY OF THE COMMONWEALTH
27 Sec.
28 301. Powers and duties of secretary.
29 § 301. Powers and duties of secretary.
30 The secretary shall exercise all the powers and perform all
19870H0884B0965 - 26 -
1 the duties imposed upon the secretary by this title in
2 accordance with its provisions or other laws, which shall
3 include the following:
4 (1) To exercise supervision over the conduct of
5 elections in this Commonwealth.
6 (2) To examine and reexamine voting machines and
7 electronic voting systems and to approve or disapprove them
8 for use in this Commonwealth.
9 (3) To certify to the election commission for each
10 election the names of the candidates for President and Vice
11 President of the United States, United States senators,
12 representatives in Congress and all State offices, including
13 the Governor, Lieutenant Governor, Auditor General, State
14 Treasurer, Attorney General, senators, representatives,
15 judges of courts of record, delegates and alternate delegates
16 to national conventions and members of State committees, and
17 the form and wording of constitutional amendments or other
18 questions to be submitted to the electors of the Commonwealth
19 at large.
20 (4) To receive and determine the sufficiency of
21 nomination petitions, certificates and papers of candidates
22 for President of the United States, presidential electors,
23 United States senators, representatives in Congress and all
24 State offices, including the Governor, Lieutenant Governor,
25 Auditor General, State Treasurer, Attorney General, senators,
26 representatives, judges of courts of record, delegates and
27 alternate delegates to national conventions and members of
28 State committees.
29 (5) To receive reports from commissions required by this
30 title and to demand additional reports on special matters as
19870H0884B0965 - 27 -
1 the secretary may deem necessary.
2 (6) To receive from commissions the returns of
3 elections, to canvass and compute the votes cast for
4 candidates and upon questions as required by this title, to
5 proclaim the results of elections and to issue certificates
6 of election to the successful candidates, except in cases
7 where that duty is imposed by statute on another officer or
8 commission.
9 (7) To advise, assist and direct the commissions on all
10 matters concerning elections.
11 (8) To assume leadership in the development of a
12 Statewide program for the continuous instruction of district
13 election officers, which shall include preparation of manuals
14 of procedures and guides and the holding of conferences and
15 demonstrations with groups interested in election
16 administration.
17 (9) To conduct a continuous program of research in
18 election administration and in voting practices in elections.
19 (10) To serve as the State liaison with the Federal
20 Bureau of the Census on matters relating to the tabulation of
21 the population.
22 (11) To promulgate rules and regulations necessary to
23 carry out the duties prescribed by this title.
24 CHAPTER 5
25 ELECTION COMMISSIONS
26 Subchapter
27 A. General Provisions
28 B. Financial Provisions
29 C. Employees
30 SUBCHAPTER A
19870H0884B0965 - 28 -
1 GENERAL PROVISIONS
2 Sec.
3 501. Election commissions.
4 502. Powers and duties of commissions.
5 503. Subpoenas, witnesses and fees.
6 504. Watchers or attorneys at sessions of commissions.
7 505. Presence of candidates at proceedings.
8 § 501. Election commissions.
9 (a) General rule.--There shall be an election commission in
10 and for each county of this Commonwealth which shall have
11 jurisdiction over the registration of electors and the conduct
12 of elections in the county. Except as provided in subsections
13 (b), (c) and (d), the election commissions shall consist of the
14 county commissioners of the county, ex officio, who shall serve
15 without additional compensation.
16 (b) Home rule or optional plan counties.--Except as provided
17 in subsections (c) and (d), in counties which have adopted home
18 rule charters or optional plans, the commission shall consist of
19 the members of the county body which performs legislative
20 functions unless the county charter or optional plan provides
21 for the appointment of the commission. In either case, there
22 shall be representation from the largest minority party on the
23 commission. The county body which performs legislative functions
24 shall, in the case where the commission does not contain
25 representation from the minority party, appoint such
26 representation from a list submitted by the county chairman of
27 the minority party.
28 (c) Cities of the first class.--The commission in cities of
29 the first class shall consist of three commissioners who shall
30 be elected for a term of four years in the year that the mayor
19870H0884B0965 - 29 -
1 is elected. A vacancy in the office shall be filled in the
2 manner provided by ordinance. The salary of a commissioner shall
3 be set by ordinance.
4 (d) Certain vacancies.--Whenever a member of the commission
5 is a candidate for nomination or election to any public office,
6 his seat on the election commission shall be vacant as of the
7 filing of his nomination petition. The vacancy shall be filled
8 by an elector of the county who is a registered and enrolled
9 member of the same party as the commissioner he replaces, who is
10 not a candidate for nomination or election to any public office
11 and who does not hold any public office. The county chairman of
12 the party shall recommend three eligible electors to the
13 president judge to fill each vacancy which a member of his party
14 is entitled to fill and the president judge shall select the
15 appointee from the list. Whenever there appears on the ballot a
16 question relating to the adoption of a home rule charter for the
17 county or amendments to an existing county home rule charter,
18 all seats on the commission shall be deemed vacant, and the
19 vacancies shall be filled in the manner provided in this
20 subsection. The substitute appointees shall serve until the
21 first Monday in January following the November election or, in
22 the case of a special election, until discharged by the
23 president judge of the court. Substitute appointees shall
24 receive compensation for such service as determined by the
25 salary board plus mileage as specified by the county for
26 expenses incurred when performing commission business.
27 § 502. Powers and duties of commissions.
28 (a) General rule.--The commissions within their respective
29 counties shall exercise all powers and perform all duties
30 granted to them by this title and may make and enforce
19870H0884B0965 - 30 -
1 regulations not inconsistent with the laws of this Commonwealth.
2 Except as otherwise provided in this title, all actions of the
3 commission shall be decided by a majority vote. The commission
4 shall keep a record, in permanent form, of its proceedings. The
5 amending of any records by an employee of the commission by its
6 order shall be deemed to have been done by the commission itself
7 which shall likewise be responsible for the correction of any
8 errors.
9 (b) Registration.--The commission shall provide adequate
10 means for registration by the electors of the county, supervise
11 the conduct of registration and correct any error or
12 irregularity in registration.
13 (c) Change of election districts.--The commission shall
14 divide, consolidate or otherwise alter election districts in
15 proper cases.
16 (d) Polling places.--The commission shall select and equip
17 polling places and may change the polling place within any
18 election district.
19 (e) Voting equipment.--The commission shall purchase,
20 preserve, store and maintain all necessary election equipment
21 which may include voting booths, ballot boxes, voting machines
22 and electronic voting equipment and shall procure ballots and
23 all other supplies for elections. The commission may store
24 election equipment in the various election districts and may fix
25 reasonable compensation therefor.
26 (f) Watchers' certificates.--The commission shall issue
27 certificates of appointment to watchers of registration and
28 certificates to watchers at elections.
29 (g) Advertisements.--The commission shall prepare and
30 publish all notices and advertisements required by this title.
19870H0884B0965 - 31 -
1 (h) Investigation.--The commission shall investigate, upon
2 its own motion or upon the request of the secretary, reports of
3 registration and election frauds, irregularities and violations
4 of this title and shall report all suspicious circumstances to
5 the district attorney.
6 (i) Nomination petitions, certificates and papers.--The
7 commission shall receive and determine the sufficiency of
8 nomination petitions, certificates and papers of candidates for
9 offices of political subdivisions, election offices and local
10 party offices of municipalities required by statute or by party
11 rules to be filed with the commission.
12 (j) Election returns.--The commission shall receive from
13 district election officers the returns of all elections, canvass
14 and compute them, and certify, no later than the third Monday
15 following the election, the results thereof to the authorities
16 as provided in this title. In the case of elections for
17 senators, representatives in Congress, for offices voted upon by
18 the electors of the Commonwealth at large and for senators and
19 representatives in the General Assembly, the commission shall
20 compile an unofficial vote tally, as soon after the polls are
21 closed as is practicable, and shall inform the secretary of the
22 results thereof.
23 (k) Results of elections.--The commission shall publicly
24 announce, by posting at its office, the results of elections for
25 offices of political subdivisions, election offices and local
26 party offices of municipalities, and issue certificates of
27 election to the successful candidates.
28 (l) Report on party registration.--The commission shall
29 prepare and submit, not less than 14 days prior to each
30 election, a report to the secretary, in the form prescribed by
19870H0884B0965 - 32 -
1 him, which shall contain a statement of the total numbers of
2 electors registered in each election district, together with a
3 breakdown by party registration. Copies of the statement shall
4 be furnished, upon request, to the county chairmen of each party
5 and political body.
6 (m) Estimates of cost.--The commission shall annually submit
7 to the county commissioners or other appropriating authorities
8 of the county an estimate of the cost of elections and expenses
9 of the commission for the ensuing year.
10 (n) Instruction of election officers.--The commission shall
11 instruct election officers in their duties, calling them
12 together in meeting whenever deemed advisable, and shall inspect
13 systematically and thoroughly the conduct of elections in the
14 several election districts of the county to the end that
15 elections may be honestly, efficiently and uniformly conducted.
16 (o) Compliance with accessibility requirements.--The
17 commission shall comply with the Voting Accessibility for the
18 Elderly and Handicapped Act (Public Law 98-435, 98 Stat. 1678),
19 under rules and regulations promulgated by the secretary.
20 § 503. Subpoenas, witnesses and fees.
21 (a) Subpoenas.--The commission and any commissioner may
22 issue subpoenas, summon witnesses, compel production of books,
23 papers, records and other evidence and fix the time and place
24 for hearing any matters relating to this title. All subpoenas
25 issued by the commission shall be in substantially the same form
26 and shall have the same force and effect as subpoenas issued by
27 a court. Upon application, the commission shall be entitled to
28 the benefit of the process of the court if necessary to enforce
29 a subpoena issued by it. Any member of the commission shall have
30 the power to administer oaths. Any person testifying before a
19870H0884B0965 - 33 -
1 commission shall be first duly sworn.
2 (b) Privilege of compulsory process.--Any person filing or
3 opposing any petition with a commission shall have the privilege
4 of having subpoenas issued by the commission to compel the
5 attendance of witnesses, upon condition that, except as provided
6 in subsection (c), all witnesses so subpoenaed shall be paid
7 witness fees in the manner provided in subsection (d).
8 (c) Witness fees.--Witnesses subpoenaed by the commission
9 shall be entitled to daily witness fees to be paid by the
10 commission. Election officers, clerks, machine inspectors,
11 overseers and watchers, when subpoenaed by the commission to
12 appear before it sitting for the computation and canvassing of
13 votes cast at an election, shall not be entitled to witness
14 fees.
15 (d) Cost of subpoenas and deposit of witness fees.--No
16 subpoena shall be issued for the benefit of any person other
17 than the commission until he has paid the fee specified therefor
18 in Title 42 (relating to judiciary and judicial procedure) for
19 issuing the subpoena and deposited with the commission one day's
20 witness fee for each witness whose name is given to the
21 commission and entered by it in the subpoena and among its
22 records. No subpoena shall be effective to require the further
23 attendance of any witness after the day specified therein,
24 unless the hearing be postponed or continued by the commission,
25 and unless, before 4 p.m. of any day, the person for whose
26 benefit it was issued shall have deposited with the commission
27 an additional day's witness fee for each witness whose further
28 attendance is desired. As soon as convenient after any hearing
29 is concluded, postponed or continued on any day, the commission
30 shall pay those witnesses who have appeared in response to
19870H0884B0965 - 34 -
1 subpoenas issued and shall return to the depositor any fees for
2 others who did not attend and shall also pay any witnesses
3 summoned by the commission, taking their receipts therefor, so
4 long as there are sufficient funds available for such payments.
5 In all cases where the petition of the elector is sustained, all
6 costs advanced by him for witness fees and subpoenas shall be
7 refunded to him. The commission shall pay over to the county
8 treasurer all remaining fees received for subpoenas. The
9 commission's accounts respecting disbursements of witness fees
10 shall be subject to audit, from time to time, by the county
11 controller or county auditor in those counties which do not
12 employ a county controller.
13 § 504. Watchers or attorneys at sessions of commissions.
14 Any party or political body or organized body of citizens
15 which is entitled to have watchers at any place of registration
16 or election shall also be entitled to appoint watchers who are
17 electors of the county or attorneys to represent it at any
18 session of the commission and at any computation and canvassing
19 of returns of any election and recount of ballots or recanvass
20 of voting machines. Watchers or attorneys may exercise the same
21 rights as watchers at registration and polling places or at
22 offices of the commission open for the registration of voters.
23 The number who may be present at any one time may be limited by
24 the commission to not more than three from any single party,
25 political body or organized body of citizens.
26 § 505. Presence of candidates at proceedings.
27 Every candidate shall be entitled to be present in person or
28 by attorney-in-fact duly authorized, and to participate in any
29 proceeding before the commission whenever any matters which may
30 affect his candidacy are being heard, including any computation
19870H0884B0965 - 35 -
1 and canvassing of returns of an election or recanvassing of
2 ballots or voting equipment affecting his candidacy.
3 SUBCHAPTER B
4 FINANCIAL PROVISIONS
5 Sec.
6 511. Duties of appropriating authorities.
7 512. Reimbursement by Commonwealth.
8 513. Funds from other sources.
9 514. Liability for special elections.
10 § 511. Duties of appropriating authorities.
11 (a) Appropriations.--The appropriating authorities of the
12 county shall appropriate annually, and from time to time, to the
13 commission the funds necessary to carry out the provisions of
14 this title relating to the registration of voters and the funds
15 necessary for the conduct of elections in the county. The
16 appropriating authorities of the county shall also appropriate
17 to the commission all funds necessary for the compensation of
18 commissioners, counsel when authorized, and a sufficient number
19 of registrars, inspectors of registration, election officers,
20 custodians, assistants and employees.
21 (b) Main office.--The appropriating authorities of the
22 county shall provide the commission with suitable and adequate
23 main offices, properly furnished, for keeping its records,
24 holding its public sessions and otherwise performing its duties,
25 and such other offices and branch offices which it may from time
26 to time deem advisable to establish for the convenience of the
27 electors. In case of their failure to do so, the commission may
28 lease such office space for its main office as it reasonably
29 requires.
30 § 512. Reimbursement by Commonwealth.
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1 The Commonwealth shall reimburse each county for election
2 expenses incurred in and incidental to preparing, handling,
3 mailing, delivering, counting and storing official absentee
4 ballots requested by any elector as provided in section 3301(1),
5 (2), (3), (4), (5) and (6) (relating to absentee electors) in
6 the sum of 40¢ for each such ballot mailed or delivered. The
7 commission shall file with the secretary, not later than 30 days
8 after every election, on a form determined by the secretary, a
9 statement of the number of ballots mailed or delivered. The
10 secretary shall, by requisition in the usual course, pay for
11 such amounts found due from moneys appropriated for this
12 purpose, or shall prorate the moneys so appropriated among the
13 several counties to be reimbursed, if the amount so appropriated
14 is not sufficient for payment in full.
15 § 513. Funds from other sources.
16 The commission may accept and use in the performance of its
17 duties funds received from the Federal Government, the
18 Commonwealth or any other source.
19 § 514. Liability for special elections.
20 (a) County liability.--Except as provided in subsection (b),
21 the county shall be liable for the expenses of holding special
22 elections for the political subdivisions contained therein, held
23 on the day of any other election, and on any special question
24 which is required by law to be, or which is at the discretion of
25 the commission as provided in this title, printed on the regular
26 ballot after the list of the candidates or contained on the same
27 voting machine as the list of candidates. Any political
28 subdivision holding a special election, as authorized by law, on
29 the question of increase of indebtedness or any other question
30 to be voted on by the electors of the political subdivision,
19870H0884B0965 - 37 -
1 which special election is held on the day of another election
2 and which is required by law to be conducted or, at the
3 discretion of the commission as provided in this title, is
4 conducted by special ballots for such question, shall be liable
5 to the county for the expenses necessarily incurred in the
6 printing of the special ballots. If any other day than the day
7 of any general, municipal or primary election is fixed by the
8 governing authority of a political subdivision for the holding
9 of a special election on the question of increase of
10 indebtedness or any other question authorized by law, the
11 political subdivision shall pay the entire expense of holding
12 the election, including the cost of printing ballots and
13 supplies, pay of election officers, the rental of polling places
14 and the cost of canvassing and computing the votes cast.
15 (b) Commonwealth liability.--The department shall reimburse
16 the commission for those additional costs incurred by the county
17 for any special election held to fill a vacancy in the General
18 Assembly. Only those costs which are attributable solely to the
19 special election shall be reimbursed. Reimbursement shall not be
20 denied because the special election is held on the same day as a
21 general, municipal or primary election if the county can show
22 that additional costs were incurred attributable solely to the
23 special election. The Governor may, from time to time, allocate
24 to the department as much money from the General Fund as he
25 deems necessary to permit the department to reimburse the
26 counties for costs incurred in the special elections.
27 SUBCHAPTER C
28 EMPLOYEES
29 Sec.
30 521. Authority to appoint employees.
19870H0884B0965 - 38 -
1 522. Chief clerk.
2 523. Counsel.
3 524. Registrars.
4 525. Inspectors of registration.
5 526. Oath and compensation of registrars and inspectors of
6 registration.
7 § 521. Authority to appoint employees.
8 Each commission may appoint a chief clerk, clerks,
9 registrars, inspectors, watchers of registration and such other
10 employees as are necessary. No person who holds or is a
11 candidate for public office shall be appointed to or hold any
12 office or employment under the commission.
13 § 522. Chief clerk.
14 The chief clerk of the commission shall have authority to
15 sign vouchers and perform such other duties as directed by the
16 commission. The chief clerk and such other clerks and employees
17 as the commission appoints shall, if they are otherwise employed
18 by the county, perform their duties under this title without
19 additional compensation.
20 § 523. Counsel.
21 Except in cities of the first class, the county solicitor
22 shall be counsel for the commission without additional
23 compensation. Counsel shall advise the commission regarding its
24 powers and duties and the rights of electors and shall represent
25 the commission in all appeals taken from its decisions. Counsel
26 shall be in attendance at the office of the commission on the
27 day of each election from 7 a.m. until 12 noon, from 2 p.m.
28 until 5:30 p.m. and from 7 p.m. until 10 p.m. Counsel shall,
29 upon request, instruct election officers, election employees and
30 electors as to their rights and duties in election matters.
19870H0884B0965 - 39 -
1 § 524. Registrars.
2 (a) Appointment in general.--The commission, except in
3 cities of the first class, may or, upon the signed petition of
4 at least 100 electors of a municipal corporation, shall appoint
5 at least two registrars to receive personal applications for
6 registration and for change of party enrollment and removal
7 notices at suitable and conveniently located places in the
8 municipal corporation. A petition for the appointment of
9 registrars shall be filed with the commission at least 65 days
10 prior to the election. Upon determination that registrars should
11 be appointed, the commission shall send written notice of the
12 filing of the petition and of the number of registrars the
13 commission will appoint in response thereto to the county
14 chairmen of the two political parties enrolling the largest
15 number of voters within the county at the preceding November
16 election. Within three days after the receipt of the notice, the
17 chairmen shall submit to the commission a list of electors to
18 serve as registrars. An equal number of registrars shall be
19 appointed from each list submitted. If a chairman fails to
20 submit the list within the time provided, the commission shall
21 appoint an equal number of registrars from any list submitted
22 and an equal number of other qualified electors.
23 (b) Appointment in cities of first class.--The commission in
24 cities of the first class shall appoint two or more registrars
25 for each place designated by it for registration purposes. Not
26 more than one-half of the registrars appointed for each place
27 shall be members of the same party. At a time determined by the
28 commission after at least 15 days' public notice, the city
29 chairmen of the parties having the highest and second highest
30 number of voters in this Commonwealth at the last preceding
19870H0884B0965 - 40 -
1 general election may file with the commission a list of members
2 of its party recommended for appointment as registrars for each
3 registration place. The list, which shall be available for
4 public inspection, shall contain the names, addresses,
5 qualifications and occupation of each person recommended. If a
6 sufficient number of qualified candidates is recommended by the
7 chairman of any party, the commission in cities of the first
8 class shall appoint the registrars from the names appearing on
9 the list. If there are not sufficient candidates qualified to
10 serve recommended by any city chairman, the commission may
11 appoint such other persons as the commission believes qualified.
12 (c) Qualifications.--All registrars shall be electors of the
13 county for which they are appointed, shall be of good moral
14 character, shall be able to read English in an intelligent
15 manner and to write legibly and shall be familiar with the
16 qualifications required of electors by law and the duties of
17 registrars. A registrar may serve in any election district of
18 the county upon assignment by the commission. Should any vacancy
19 occur in the office of registrar of any registration place in
20 any year, by reason of death, resignation, dismissal, removal
21 from the county or ward, or other cause, the commission shall
22 fill the vacancy by appointing an elector of the county who is a
23 registered and enrolled member of the same party as the one
24 whose office was vacated. The appointment shall be made in like
25 manner as the annual appointment of registrars. The commission
26 shall not dismiss a registrar except for cause. Any elector of
27 the county may petition the commission to withdraw a registrar's
28 appointment or to dismiss a registrar on the grounds that he is
29 not qualified or that he has violated the provisions of this
30 title. If after public hearing the commission finds cause
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1 therefor, it shall withdraw the appointment or dismiss the
2 registrar.
3 § 525. Inspectors of registration.
4 (a) Appointment.--The commission may appoint electors of the
5 county as inspectors of registration.
6 (b) Duties.--An inspector of registration when directed by
7 the commission shall:
8 (1) Investigate all questions relating to the
9 registration of electors and, for that purpose, shall have
10 power to enter and inspect any house, dwelling, building,
11 inn, lodging house or hotel and to interrogate any inmate,
12 householder, lodger, lessee, keeper, caretaker, owner,
13 proprietor or agent thereof or therein regarding any person
14 or persons residing or claiming to reside thereat or therein
15 without being required to show any warrant for so doing
16 except his certificate of appointment. The commission shall
17 have power to utilize any information so obtained to secure
18 the correction of its records.
19 (2) Inspect in like manner and copy any register of
20 lodgers in any lodging house, inn or hotel relating to or
21 affecting the right of any person to vote or to be
22 registered.
23 (3) Arrest any person not privileged from arrest who, in
24 his presence, violates or attempts to violate any provision
25 of this title if the violation is punishable as a crime.
26 (4) Call on any police or peace officer to assist him in
27 the maintenance of peace at any place of registration or in
28 making any arrest.
29 (5) Distribute official registration application forms
30 to potential electors.
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1 § 526. Oath and compensation of registrars and inspectors of
2 registration.
3 No registrar or inspector of registration shall exercise any
4 power of the office until he has taken an oath of office
5 prescribed by the commission and has received from the
6 commission a certificate of appointment setting forth his name
7 and address, date of appointment and length of appointment.
8 Registrars and inspectors of registration shall receive such
9 compensation, either on a per diem basis for time actually
10 employed or on the basis of work actually done by them, as shall
11 be fixed by the salary board. In counties which do not employ a
12 salary board, the compensation of registrars and inspectors of
13 registration shall be determined by the procedures applicable to
14 appointive officers in that county.
15 CHAPTER 7
16 DISTRICT ELECTION OFFICERS
17 Sec.
18 701. District election boards.
19 702. Qualifications of election officers.
20 703. Tie vote for judge and inspector.
21 704. Clerks of election and machine inspectors.
22 705. Selection of district election boards.
23 706. Oath of election officers.
24 707. Compensation of election officers.
25 708. Instruction of election officials.
26 709. Overseers of election.
27 710. Watchers.
28 § 701. District election boards.
29 All elections shall be conducted in each election district by
30 a district election board consisting of a judge of election, a
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1 majority inspector of election and a minority inspector of
2 election. In districts in which voting equipment is used, the
3 district election board shall also include a clerk of election,
4 to be selected by the minority inspector of election, subject to
5 the qualifications set forth in section 702 (relating to
6 qualifications of election officers). The judge and inspectors
7 of election of each election district shall be elected by the
8 electors thereof at the municipal election and shall hold office
9 for a term of four years from the first Monday of January next
10 succeeding their election. Each elector may vote for one person
11 as judge of election and for one person as inspector of
12 election. The person receiving the highest number of votes for
13 judge shall be declared elected judge of election; the person
14 receiving the highest number of votes for inspector shall be
15 declared elected majority inspector of election; and the person
16 receiving the second highest number of votes for inspector shall
17 be declared elected minority inspector of election.
18 § 702. Qualifications of election officers.
19 Election officers shall be electors of the district in which
20 they are elected or appointed. No person shall be qualified to
21 serve as an election officer who holds or within two months has
22 held any office, appointment or employment in or under the
23 Federal Government or the Commonwealth or any city or county, or
24 any municipal board, commission or trust in any city, other than
25 the office of district justice, notary public or a member of the
26 National Guard or a reserve component of the armed forces of the
27 United States. No election officer shall be eligible for any
28 civil office to be voted for at an election at which the officer
29 shall serve except the office of an election officer.
30 § 703. Tie vote for judge and inspector.
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1 If at any municipal election there is a tie vote for the
2 office of judge of election, the majority inspector of election
3 elected at that election shall decide the tie vote. If at any
4 municipal election there is a tie vote for inspectors, the two
5 candidates who receive the same number of votes shall determine
6 by lot which of them shall be the majority inspector. The
7 commission shall be notified immediately upon the determination
8 of the vote.
9 § 704. Clerks of election and machine inspectors.
10 Prior to the opening of the polls at each election in
11 districts in which voting equipment is not used, each inspector
12 shall appoint one clerk to serve at the election. In each
13 district in which more than one voting device is used, the
14 commission may, prior to each election, appoint for each
15 additional voting device to be used in the district one elector
16 of the county to serve as machine inspector for the election.
17 Inspectors shall serve a term, the length of which shall be
18 determined by the commission. Clerks shall be electors of the
19 district in which they are appointed unless otherwise provided
20 by this title. No person shall be qualified to serve as a clerk
21 or machine inspector who holds or is a candidate for public
22 office unless the office is below the grade of a county or
23 municipal office.
24 § 705. Selection of district election boards.
25 (a) Vacancies in existing boards.--Any vacancy in a district
26 election board occurring prior to the day of the election shall
27 be filled by appointment of an elector by the commission and the
28 appointee shall serve for the unexpired term of the person whose
29 place he is appointed to fill. Any district election officer who
30 changes political affiliation after election or appointment
19870H0884B0965 - 45 -
1 shall not thereby become disqualified to serve on the district
2 election board or subject to removal. In making appointments,
3 the commission shall receive and consider any petitions filed by
4 electors of the district. It shall make no appointment to fill
5 any vacancy occurring more than five days before an election
6 without posting notice of the time at which it will make the
7 appointment on the polling place of the district and in the
8 immediate vicinity at least five days prior to the appointment.
9 Both inspectors in any election district shall not be of the
10 same party at the time of the appointment; one shall be of the
11 party having the largest number of votes and the other shall be
12 of the party having the second largest number of votes in the
13 district at the last preceding November election. An appointed
14 judge of election shall be of the party having the largest
15 number of votes in the district at the last preceding November
16 election. Immediately upon the entry of an order of court
17 filling a vacancy on an election board, the clerk of the court
18 shall transmit a certified copy of the order to the commission
19 and the name and address of the appointee.
20 (b) Substitution of election officers.--If any judge or
21 inspector of election does not appear at the polling place by 7
22 a.m. on the day of any election, the majority inspector shall
23 appoint a judge of election who is qualified under this title.
24 If any majority inspector of election does not appear at that
25 hour, the judge of election shall appoint a majority inspector
26 who is qualified under this title. If any minority inspector of
27 elections does not appear at that time, the person who received
28 the second highest vote for judge at the preceding election
29 shall serve as minority inspector, if available and if qualified
30 under this title. If that person is not available or not
19870H0884B0965 - 46 -
1 qualified, the electors of the district present at that time
2 shall, under the supervision of the judge of election, elect one
3 of their number who is qualified to fill the vacancy. If any
4 vacancy in an election board has not been filled by 7:30 a.m.,
5 the electors of the district present at that time shall elect a
6 qualified person or persons to fill the vacancies. If any clerk
7 does not appear by 7 a.m., the inspector who appointed the clerk
8 shall fill the vacancy by appointing an elector. If any machine
9 inspector does not appear at that time, the judge of election
10 shall promptly notify the commission which shall immediately
11 appoint a qualified machine inspector to fill the vacancy. Any
12 person thus appointed or elected to fill a vacancy shall take
13 and subscribe in duplicate to the oath required by this title
14 and shall hold office only for that election.
15 (c) Selection in new districts.--In all cases in which a
16 commission orders the division, consolidation or other
17 alteration of an election district and thereby creates a new
18 election district, it shall appoint the district election board
19 for the district, which shall serve until an election board is
20 elected and takes office. A complete slate of election officials
21 shall be nominated by the parties at the next primary and
22 elected at the next municipal election. The elected election
23 officials shall take office at the same time as the other
24 municipal officers elected at that municipal election.
25 § 706. Oath of election officers.
26 (a) General rule.--All judges of election, inspectors,
27 clerks of election, machine inspectors and overseers shall,
28 before entering upon their duties at any election, be sworn in
29 the presence of each other and of the watchers and overseers.
30 The judge of elections shall first be sworn by the minority
19870H0884B0965 - 47 -
1 inspector or by a judge or district justice, and the inspectors,
2 clerks, machine inspectors and overseers shall then be sworn by
3 the judge of elections. Each of them shall then sign in
4 duplicate the oath taken by him upon forms to be furnished by
5 the commission. The oath shall be attested by the officer who
6 administered it.
7 (b) Oath.--The following shall be the oath of each district
8 election officer:
9 I, (name), do swear or affirm that I will as (judge of
10 election, inspector of election, clerk of election,
11 overseer or machine inspector) attend the ensuing
12 election during the continuance thereof and, in
13 cooperation with the other district election officers,
14 carry on the same; that I will in all things truly,
15 impartially and faithfully perform my duties, according
16 to the provisions of the Constitution and laws of this
17 Commonwealth respecting the same, to the best of my
18 judgment and ability.
19 § 707. Compensation of election officers.
20 (a) Rate of compensation.--In all counties, the compensation
21 of judge of election, inspectors, clerks and machine inspectors
22 shall be fixed by the commission for each election at not less
23 than the following: judge of election, $45; inspectors, clerks
24 and machine inspectors, $40; and not more than the following:
25 judge of elections, $70; inspectors, clerks and machine
26 inspectors, $65. The commission may establish different per diem
27 rates within these limitations based on the number of votes cast
28 for the following groups: 150 votes or less, 151 to 300 votes,
29 301 to 500 votes, 501 to 750 votes and 751 votes and over.
30 (b) Transmitting returns and ballot boxes.--For transmitting
19870H0884B0965 - 48 -
1 returns of elections and ballot boxes, judges of elections shall
2 each be entitled to receive the additional sum of $6. In
3 counties of the second through eighth classes, the commission
4 may require the minority inspector of elections to accompany the
5 judge of election in transmitting returns of elections, in which
6 case the minority inspector of elections shall be entitled to
7 receive the additional sum of $6. This subsection does not apply
8 in cities of the first class.
9 (c) Mileage compensation.--The person furnishing the
10 transportation to the judge of election and the minority
11 inspector in transmitting returns and ballot boxes shall be
12 entitled to a minimum of 20¢ per mile circular from the polling
13 place to the county courthouse. The name of that person shall
14 appear on the voucher of the judge of election and only one
15 person shall receive mileage compensation. This subsection does
16 not apply in cities of the first class.
17 (d) Concurrent elections.--When a special election takes
18 place on the same day as a primary, municipal or general
19 election, they shall be deemed as one election for the purpose
20 of receiving compensation.
21 § 708. Instruction of election officials.
22 (a) General rule.--The secretary and each commission shall
23 undertake a program of instruction for election officers,
24 clerks, machine inspectors and constables. The program of
25 instruction shall be prepared by the secretary. The commission
26 shall conduct at least one instruction meeting before each
27 election in order to provide instruction as to the procedures
28 involved in the conduct of elections. Persons attending the
29 meetings shall be compensated in a sum to be determined by the
30 commission, but the compensation shall not exceed the
19870H0884B0965 - 49 -
1 compensation payable for election day duties.
2 (b) Eligibility to serve as election officer.--No judge,
3 inspector or machine inspector shall serve at any election
4 unless he has received instruction, has been found qualified to
5 perform his duties and has received a certificate to that effect
6 from the commission. However, nothing in this section shall
7 prevent the appointment of a judge of election, inspector of
8 election or a machine inspector to fill a vacancy arising on the
9 day of an election or on the preceding day.
10 § 709. Overseers of election.
11 (a) Appointment.--On the petition of five or more electors
12 of any election district setting forth that the appointment of
13 overseers is a reasonable precaution to secure the purity and
14 fairness of any election in the district, the court shall
15 appoint two electors of the district belonging to different
16 parties as overseers of election to supervise the proceedings of
17 election officers and to report on the conduct of the election
18 to the court. Overseers shall be qualified to serve upon
19 election boards but shall not be required to comply with the
20 provisions of section 708 (relating to instruction of election
21 officials).
22 (b) Powers and duties.--Overseers shall have the right to:
23 (1) Be present with the election officers within the
24 enclosed space during the entire time the election is being
25 held, the votes counted and the returns made out and signed
26 by the election officers.
27 (2) Keep a list of voters, challenge any person offering
28 to vote, interrogate him and his witnesses under oath in
29 regard to his right of suffrage at the election and examine
30 papers he produces.
19870H0884B0965 - 50 -
1 Overseers shall sign returns of elections as required by this
2 title. Whenever the members of an election board differ in
3 opinion, the overseers, if they are agreed, shall decide the
4 issue.
5 (c) Duties of election officers.--Election officers shall
6 afford overseers every convenience and facility for the
7 discharge of their duties. If election officers refuse to permit
8 overseers to be present and to perform their duties or if the
9 overseers are driven away from the polls by violence or
10 intimidation, all or a portion of the votes polled in the
11 election district may be rejected by the tribunal trying a
12 contest of the election as it deems necessary.
13 § 710. Watchers.
14 (a) Appointment.--Each candidate at any election may appoint
15 two watchers in each election district in which the candidate is
16 voted for. Each party and each political body which has
17 nominated candidates may appoint three watchers in each election
18 district in which the candidates of the party or political body
19 are to be voted for. Watchers shall serve without expense to the
20 county. Each watcher shall be provided with a certificate from
21 the commission stating his name and the name of the candidate,
22 party or political body he represents. A watcher shall show his
23 certificate upon request.
24 (b) Appointment of watcher registered in other district.--
25 Watchers who are to serve in a district other than the one from
26 which they are electors shall be appointed on petition to the
27 court. All watchers shall serve in only one district and must be
28 electors of the municipal corporation in which the district
29 where they are authorized to watch is located.
30 (c) Powers and duties.--Only one watcher for each candidate
19870H0884B0965 - 51 -
1 and one for each party or political body shall be in the polling
2 place at any one time prior to the close of the polls. All
3 watchers in the room shall remain outside the enclosed space.
4 While the ballots are being counted or voting machines
5 canvassed, all the watchers shall be permitted in the polling
6 place outside the enclosed space. Watchers allowed in the
7 polling place may keep a list of electors and may challenge any
8 person making application to vote to require proof of his
9 qualifications.
10 (d) Compensation.--No person, party or political body may
11 pay a watcher compensation in excess of $20 per day.
12 PART III
13 ELECTORS
14 Chapter
15 9. Qualifications of Electors
16 CHAPTER 9
17 QUALIFICATIONS OF ELECTORS
18 Sec.
19 901. Qualifications of electors in general.
20 902. Qualifications of electors at primaries.
21 903. Residence of electors.
22 904. Rules for determining residence.
23 § 901. Qualifications of electors in general.
24 (a) General rule.--Every citizen of this Commonwealth 18
25 years of age, possessing the following qualifications as of the
26 date of the election, shall be entitled to vote at an election
27 provided he has complied with this title relating to the
28 registration of electors:
29 (1) He has been a citizen of the United States at least
30 one month.
19870H0884B0965 - 52 -
1 (2) He has resided in this Commonwealth 30 days
2 immediately preceding the election.
3 (3) He has resided in the election district where he
4 offers to vote at least 30 days immediately preceding the
5 election, except that, if qualified to vote in an election
6 district prior to removal of residence, he may, if a resident
7 of this Commonwealth, vote in the election district from
8 which he removed his residence within 30 days preceding the
9 election.
10 (b) Exception regarding presidential elections.--
11 Notwithstanding any provisions to the contrary, any person
12 otherwise eligible to vote who has ceased to reside in an
13 election district in this Commonwealth and established residence
14 in another election district in this Commonwealth or another
15 state within 30 days of an election of presidential and vice
16 presidential electors, and is thereby ineligible to register and
17 vote in his new election district, may vote for presidential and
18 vice presidential electors in his prior election district, in
19 person or by absentee ballot as provided in section 3313
20 (relating to absentee electors for presidential and vice
21 presidential electors).
22 (c) Overseas electors.--Every citizen of the United States
23 now residing outside the United States whose last domicile in
24 the United States immediately prior to his departure from the
25 United States was in this Commonwealth, shall be entitled,
26 pursuant to the Overseas Citizens Voting Rights Act of 1975
27 (Public Law 94-203, 42 U.S.C. § 1973dd et seq.), to vote from
28 that last residence as an overseas elector in all Federal
29 elections if, at the time of such departure from the United
30 States, he could have met all the present qualifications to vote
19870H0884B0965 - 53 -
1 in Federal elections from that last residence, except the
2 qualification with respect to minimum voting age, even though he
3 does not now maintain a residence in this Commonwealth and his
4 intent to return to this Commonwealth may be uncertain, if he
5 meets the following requirements:
6 (1) He has complied with all applicable requirements
7 which are consistent with the provisions of law relating to
8 overseas electors, concerning registration for, and voting
9 by, absentee ballots.
10 (2) He does not maintain a domicile, is not registered
11 to vote and is not voting in any other state or precinct of a
12 state or territory or in any territory or possession of the
13 United States.
14 (3) He has a valid passport or card of identity and
15 registration issued under the authority of the Secretary of
16 State of the United States or has any other proof of
17 identification as the secretary may prescribe consistent with
18 applicable Federal law.
19 § 902. Qualifications of electors at primaries.
20 The qualifications of electors entitled to vote at primaries
21 shall be the same as the qualifications of electors entitled to
22 vote at other elections within the election district where the
23 primary is held, except that no elector who is not registered
24 and enrolled as a member of a party may vote the ballot of that
25 party at any primary.
26 § 903. Residence of electors.
27 (a) Persons whose residence is not changed by absence.--For
28 the purpose of registration and voting, no person shall be
29 deemed to have gained a residence by reason of his presence or
30 lost it by reason of his absence while employed in the service,
19870H0884B0965 - 54 -
1 either civil or military, of this Commonwealth or of the United
2 States, nor while engaged in the navigation of the waters of
3 this Commonwealth or of the United States, or on the high seas,
4 nor while a student of any institution of learning, nor while
5 kept in any institution at public expense. Any veteran who
6 resides in a home for disabled and indigent soldiers and sailors
7 maintained by this Commonwealth may elect to utilize such
8 residence for registration and voting or elect to vote as an
9 absentee elector by the use of veterans' official ballots.
10 Nothing in this section shall preclude any elector described in
11 this subsection from establishing the district of his residence
12 as his election district, pursuant to section 904 (relating to
13 rules for determining residence).
14 (b) Persons confined in penal institutions.--For the purpose
15 of registration and voting, except as otherwise provided in this
16 subsection, no person who is confined in a penal institution
17 shall be deemed a resident of the election district where the
18 institution is located. He shall instead be deemed to reside
19 where he was last registered before entering the penal
20 institution or, if he was not registered before being confined
21 in the penal institution, he shall be presumed to reside at his
22 last known address before confinement.
23 (c) Persons residing in mental institutions.--For the
24 purpose of registration and voting, any person who resides at an
25 institution for the mentally ill or the mentally retarded, if
26 otherwise qualified under section 901 (relating to
27 qualifications of electors in general), shall be deemed a
28 resident either of the district where the institution is located
29 or of the district where he was last registered to vote before
30 entering the institution or, if he was not registered before
19870H0884B0965 - 55 -
1 entering the institution, he may be deemed to reside at his last
2 known address before entering the institution. The person may
3 choose which of the districts shall be the district of his
4 registration.
5 § 904. Rules for determining residence.
6 In determining the residence of a person desiring to register
7 or vote, the following rules shall be followed:
8 (1) That place shall be considered the residence of a
9 person in which his habitation is fixed and to which,
10 whenever he is absent, he has the intention of returning.
11 (2) A person shall not be considered to have lost his
12 residence who leaves his home and goes into another state or
13 another election district of this Commonwealth for temporary
14 purposes only, with the intention of returning.
15 (3) A person shall not be considered to have gained a
16 residence in any election district of this Commonwealth into
17 which he comes for temporary purposes only, without the
18 intention of making that election district his permanent
19 place of abode.
20 (4) The place where the family of a married man or woman
21 resides shall be considered and held to be that person's
22 place of residence, except where the husband and wife have
23 separated and live apart, in which case the place where the
24 person has resided for two months or more shall be considered
25 and held to be his or her place of residence.
26 (5) If a person removes to another state with the
27 intention of making that state his permanent residence, he
28 shall be considered to have lost his residence in this
29 Commonwealth.
30 (6) If a person removes to another state with the
19870H0884B0965 - 56 -
1 intention of remaining there an indefinite time and making
2 that state his place of residence, he shall be considered to
3 have lost his residence in this Commonwealth, notwithstanding
4 he may entertain an intention to return at some indefinite
5 future period.
6 (7) If a person removes to the District of Columbia or
7 other Federal territory or foreign country to engage in the
8 government service, he shall not be considered to have lost
9 his residence in this Commonwealth during the period of that
10 service, and the place where the person resided at the time
11 of his removal shall be considered and held to be his place
12 of residence.
13 (8) If a person goes into another state and while there
14 votes in an election held by that state, he shall be
15 considered to have lost his residence in this Commonwealth.
16 PART IV
17 REGISTRATION
18 Chapter
19 11. Qualifications and Procedures for Registration
20 CHAPTER 11
21 QUALIFICATIONS AND PROCEDURES FOR REGISTRATION
22 Subchapter
23 A. General Provisions
24 B. Challenges to Registration
25 SUBCHAPTER A
26 GENERAL PROVISIONS
27 Sec.
28 1101. Qualifications for registration.
29 1102. Places, days and hours of registration.
30 1103. Registration cards.
19870H0884B0965 - 57 -
1 1104. Mail registration applications.
2 1105. In-person registration.
3 1106. General mail registration.
4 1107. Approval of official registration applications.
5 1108. Registration by persons in the uniformed services, the
6 Merchant Marine, certain religious and welfare groups
7 and overseas civilian Federal personnel.
8 1109. Registration by persons employed by Commonwealth or
9 Federal Government.
10 1110. Elector's identification cards.
11 1111. Change in elector's county of residence.
12 1112. Removal notices.
13 1113. Elector's change of address within same election
14 district.
15 1114. Transfer of registration.
16 1115. Change of enrollment.
17 1116. Disabled electors.
18 1117. Reports of deaths and changes of residence.
19 1118. Checkup of registers.
20 1119. Canvass of registered electors.
21 1120. General register.
22 1121. District registers.
23 1122. Comparison and correction of registers.
24 1123. Street lists.
25 1124. Delivery of district registers to election officers.
26 1125. Examination of district registers and voting checklists.
27 1126. Cancellation or suspension of registration upon failure
28 to vote during two calendar years.
29 1127. Cancellation, removal and preservation of registration
30 cards and other records.
19870H0884B0965 - 58 -
1 1128. Correction of erroneous cancellation or suspension of
2 registration.
3 1129. Watchers at places of registration.
4 § 1101. Qualifications for registration.
5 Every person who possesses all the qualifications of an
6 elector as provided in the Constitution of the United States and
7 the Constitution of Pennsylvania, and as provided in section 901
8 (relating to qualifications of electors in general), shall be
9 entitled to be registered. No person shall be permitted to vote
10 at any election unless he is registered, except by order of a
11 court. No elector once registered shall be required to register
12 again for any election while he continues to reside at the same
13 address, or has removed his residence to another address in the
14 same district and has filed a removal notice, unless his
15 registration is canceled by reason of his failure to vote during
16 a period of two years.
17 § 1102. Places, days and hours of registration.
18 (a) Availability.--The commission, or any member thereof, or
19 any registrar, clerk or employee assigned for that purpose by
20 the commission, shall receive applications from persons who
21 appear for registration at the main office of the commission
22 during ordinary business hours and additional hours as the
23 commission may prescribe. The commission may, for the
24 convenience of the citizens, provide one or more places of
25 registration in any district at which two or more registrars
26 shall receive applications for registration, applications for
27 party enrollment and removal notices. Registrars shall be
28 present at these other places of registration during the days
29 and hours specified by the commission. With respect to any
30 person who becomes a citizen of the United States on a day
19870H0884B0965 - 59 -
1 subsequent to the 60th day but at least one month prior to the
2 day of election, the commission shall receive his application at
3 its office until the 30th day prior to the election.
4 (b) Discontinuance of registration.--Except for completing
5 the registration of persons who have commenced registration, the
6 commission shall discontinue the registration of electors during
7 the 30 days prior to any primary, general or special election,
8 the day of any election and, except in cities of the first
9 class, the 30 days following a general or municipal election and
10 the five days following a primary election. In the case of a
11 special election held on a day other than the day of a primary,
12 general or municipal election, in those election districts where
13 the special election is held:
14 (1) In cities of the first class, the registration of
15 electors shall be discontinued during the 30 days prior to
16 the election.
17 (2) In all other cases, registration of electors shall
18 be discontinued during the four days prior to the election.
19 (c) Notices of places of registration.--The commission
20 shall, in reasonable time, publicly announce, by suitable means,
21 the address of each place of registration, each office of the
22 commission established for the registration of electors other
23 than its main office and the days and hours when the place or
24 office will be open for the registration of electors. It shall
25 post notice thereof at each place or office and at its main
26 office. Except in cities of the first class, the commission
27 shall post the notice in at least ten conspicuous places
28 throughout the municipal corporation in which the place is
29 located at least three days prior to the date when the place
30 opens. The commission shall also give such notice by publication
19870H0884B0965 - 60 -
1 at least once in one newspaper of general circulation published
2 in the county at least three days prior to the date when the
3 place opens and by such other newspaper publication as it deems
4 desirable.
5 (d) Political subdivisions to furnish space.--The governing
6 body of each political subdivision shall furnish suitable space
7 in any public building under its control and shall cause the
8 space to be open and in proper order for use as a place of
9 registration. The use shall not interfere with the use for which
10 the space is primarily designed.
11 § 1103. Registration cards.
12 (a) Preparation of cards.--For the purpose of registering
13 electors, the commission shall prepare registration cards,
14 serially numbered, in at least duplicate, each containing spaces
15 for entering the information required by section 1105(b)
16 (relating to in-person registration) and the registration
17 declaration set forth in section 1104(a) (relating to mail
18 registration applications).
19 (b) Form of cards.--The secretary shall prescribe the form
20 of registration cards.
21 (c) Printing and storage of cards.--Each card shall be
22 printed on stock of good quality, shall be of suitable uniform
23 size and shall be suitable for filling out in at least
24 duplicate. The commission shall provide suitable binders and
25 cabinets for filing and indexing the original and duplicate
26 registration cards. The binders and cabinets must be capable of
27 being locked. The keys of all binders and cabinets shall be
28 retained by the commission at all times.
29 (d) Records of cards.--The commission shall keep a record of
30 the serial numbers of the registration cards issued to each
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1 registrar or person authorized to act as a registrar, and may
2 keep a record by serial number of each registration card showing
3 the name, ward and district of the elector registered upon the
4 card and whether the registration or card has been canceled,
5 voided, lost, destroyed or otherwise removed from the district
6 registers.
7 (e) Procedures upon close of registration.--Before 10 a.m.
8 on the day following the last day for registration before an
9 election and at such other times as the commission may
10 prescribe, each registrar shall return to the commission all
11 registration cards used or unused in his possession and shall
12 account fully in writing for each missing card.
13 (f) Unused cards.--Unused registration cards may be reissued
14 by the commission. The commission shall preserve all other
15 papers, records and memoranda as a part of its record.
16 § 1104. Mail registration applications.
17 (a) Form.--For the purpose of enabling qualified applicants
18 to register by mail, the secretary shall provide, at the expense
19 of the Commonwealth, official registration applications
20 containing spaces for entering the information required to be
21 entered on the registration card as provided in section 1105
22 (relating to in-person registration) and containing the
23 following declaration and statement of penalty:
24 REGISTRATION DECLARATION
25 I hereby declare that I am a citizen of the United
26 States, that on the day of the next ensuing primary or
27 election I shall be at least 18 years of age, and shall
28 have resided in the Commonwealth of Pennsylvania and in
29 the election district 30 days, that I am legally
30 qualified to vote, that I affirm that the information
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1 provided herein is true and correct, and I fully
2 understand that this application will be accepted for all
3 purposes as the equivalent of an affidavit and, if it
4 contains a material false statement, shall be subject to
5 the same penalties as for falsification in official
6 matters as if I had been duly sworn.
7 ______________________________
8 (Signature of applicant)
9 PENALTY FOR FALSIFYING DECLARATION
10 If any person signs an official registration application
11 knowing any material statement declared therein to be
12 false, he shall be guilty of falsification in official
13 matters and, upon conviction, shall be sentenced to pay a
14 fine or be imprisoned, or both, as provided by law. In
15 addition, the sentence shall include loss of the right of
16 suffrage absolutely for a term of four years.
17 No entry shall be made in any of the information blanks in the
18 form prior to delivery to the applicant. The form shall be so
19 designed as to preserve the confidentiality of the information
20 required to be submitted by the applicant. The form shall also
21 be designed to require the applicant to affix two signatures:
22 one signature to be affixed under the declaration of the
23 applicant and the other signature on a removable label or other
24 device to be affixed under the information required of the
25 applicant. In addition, the form shall include a detachable
26 portion on which the applicant shall print his name, present
27 residential address, postal designation and zip code. This
28 portion shall include, on the reverse side, printed notification
29 to the applicant that his application form has been received and
30 is being processed by the commission. The notification shall be
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1 sent within three days after receipt, by first class
2 nonforwardable mail, return postage guaranteed, with all postage
3 costs to be paid by the Commonwealth.
4 (b) Bilingual forms.--The secretary may provide bilingual
5 forms for the use of applicants in those jurisdictions wherein
6 there is a single language minority and shall provide bilingual
7 forms in those jurisdictions wherein a single language minority
8 exceeds 5% and in that jurisdiction shall conduct a public
9 educational program informing organizations and individuals of
10 that language group of the availability of the forms and
11 encouraging registration.
12 (c) Information on forms.--The form shall contain the
13 following information:
14 (1) Notice that those currently registered do not need
15 to reregister unless they have moved without filing a removal
16 notice or have not voted at least once during the immediately
17 preceding two calendar years.
18 (2) Notice of an applicant's right to register in
19 person.
20 (3) Instructions on how to fill out and submit the
21 application and a statement that it must be received by the
22 appropriate commission at least 30 days prior to the ensuing
23 election at which the applicant may offer to vote.
24 (4) Notice that the applicant must be a citizen of the
25 United States for at least one month, a resident of this
26 Commonwealth, the county and the election district for at
27 least 30 days and must be 18 years old on or before the day
28 following the ensuing election at which the applicant offers
29 to vote.
30 (5) Notice that party enrollment is mandatory to vote in
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1 a primary of a party.
2 (6) Notice that the voter notification portion from the
3 application form will be mailed nonforwardable and advising
4 the applicant to contact the commission in the event the
5 notification is not received within ten days from the date
6 the application is sent to the commission.
7 (7) Information designating the name of the commission's
8 main office together with its post office mailing address,
9 zip code and telephone number.
10 (8) Notice that registration or enrollment is not
11 complete until the application is processed and accepted by
12 the commission.
13 (9) A warning to the applicant that the criminal penalty
14 for making a false registration or furnishing false
15 information shall be punishable by a fine, imprisonment and
16 loss of suffrage for ten years.
17 (10) Instructions to Federal or State employees who wish
18 to retain voting residence in the county of last residence to
19 so indicate on the application form.
20 (11) A notice that the telephone number of the applicant
21 may be inserted in a place provided therefor.
22 (d) Secretary to supply official registration application
23 forms.--The secretary shall supply official registration
24 application forms to all commissions. The commission shall
25 supply forms when requested to any person and to all Federal,
26 Commonwealth, county, local governmental and school district
27 offices, to all parties and political bodies, candidates,
28 organized bodies of citizens, community service organizations,
29 leagues of women voters, postmasters of all post offices and to
30 any news media or civic, religious, educational, fraternal,
19870H0884B0965 - 65 -
1 labor, charitable or business organizations expressing interest.
2 In addition, the secretary shall request the proper governmental
3 agency to make an official registration application available to
4 all persons applying for a driver's license (or changing address
5 thereon), library card, senior citizens transportation pass or
6 entry to a school or institution of higher education. The
7 secretary may provide technical assistance to commissions upon
8 request. The secretary shall contract with the United States
9 Postal Service for the payment of all postage costs for the
10 transmittal of official registration applications to the
11 commissions by the applicant and the transmittal of the
12 notification receipt form to the applicant by the commission.
13 § 1105. In-person registration.
14 (a) Procedure.--When registering in person, an applicant
15 shall first be informed that any willful false statement
16 constitutes a crime and will be punishable as such. The
17 applicant shall then be asked to state the facts required which
18 shall be recorded in his presence by the registrar or by the
19 person authorized to act as a registrar, in permanent writing or
20 typewriting, in at least duplicate, in the proper spaces on the
21 registration cards.
22 (b) Information required from applicant.--The following
23 information shall be recorded:
24 (1) The surname of the applicant.
25 (2) Given name or names.
26 (3) The street or road and number of residence.
27 (4) If the residence is a portion only of the house, the
28 location or number of the room, apartment, flat or floor
29 occupied.
30 (5) The length of residence in this Commonwealth and the
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1 district, respectively.
2 (6) Relevant information relating to prior registration
3 and voting record.
4 (7) The sex of the applicant.
5 (8) The color of the applicant.
6 (9) The state or territory of the United States or the
7 foreign country of birth.
8 (10) Whether the applicant is unable by reason of
9 illiteracy to read the names on the ballot or ballot labels.
10 (11) Any physical disability which renders him unable to
11 see or mark the ballot or operate the voting machine or
12 electronic voting equipment or to enter the voting
13 compartment or booth without assistance and, if so, a
14 declaration of that fact and statement of the exact nature of
15 the disability.
16 (12) The designation of the applicant's party for the
17 purpose of voting at primaries.
18 (13) Height, in feet and inches.
19 (14) The color of hair.
20 (15) The color of eyes.
21 (16) The date of birth.
22 (17) The registration declaration in the form set forth
23 in section 1104(a) (relating to mail registration
24 applications), which shall be signed by the applicant and
25 witnessed by the registrar.
26 (c) Additional information.--The card shall also contain
27 spaces for the recording from time to time of:
28 (1) The municipal corporation, ward and election
29 district of residence and those to which he may remove,
30 together with the street address in each municipal
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1 corporation and the other data required to be given upon such
2 removal.
3 (2) The date of each election at which the elector votes
4 and the number and letter, if any, of the stub of the ballot
5 issued, or number or order of admission to the voting
6 machines or electronic voting equipment, and the party at a
7 primary.
8 (3) The signature or initials of the election officer
9 who enters the record of voting on the card.
10 The commission may with the approval of the secretary alter the
11 form of registration cards and the order in which the
12 information is recorded and provide additional spaces for the
13 recording of such other information concerning the identity of
14 the applicant or naturalization data of foreign-born applicants
15 as it may deem necessary.
16 (d) Execution.--If the applicant alleges inability to sign
17 his name, the registrar shall require the applicant to make his
18 mark and acknowledge it before the registrar. The acknowledgment
19 shall be filed with the duplicate registration declaration of
20 the applicant which shall be returned to the commission.
21 § 1106. General mail registration.
22 (a) General rule.--Any applicant may, in lieu of any other
23 method provided by this title, register or any elector may
24 change his registration by mail in the manner set forth in this
25 section.
26 (b) Submission of application.--An applicant may submit
27 either in person, by mail or by representative to the commission
28 a completed official registration application in the form
29 required by section 1104 (relating to mail registration
30 applications) signed exactly as his name appears in the
19870H0884B0965 - 68 -
1 appropriate spaces on the application. Any person who assists in
2 the preparation of the registration application or delivery of
3 same to the commission shall sign his name and address to the
4 registration application.
5 (c) Persons unable to sign application.--Any person
6 registering by mail under this section who is unable to sign his
7 official registration application shall make his mark and
8 acknowledge it before an officer empowered to administer oaths.
9 (d) Time of registration.--Registration in the manner
10 prescribed by this section may be made at any time. If any
11 registration application is received by a commission from any
12 applicant when registration has been discontinued under section
13 1102(b) (relating to places, days and hours of registration),
14 the application shall be retained by the commission until the
15 beginning of the next period during which the registration may
16 take place and at such time the applicant, if otherwise
17 entitled, shall be registered.
18 (e) Examination of applications.--Official registration
19 applications returned by persons qualified to register under
20 this section to any commission shall be examined by a member of
21 the commission or any clerk or registrar upon being received. If
22 the commission finds the official registration application not
23 properly completed, it shall reject it. The commission shall
24 make reasonable efforts to complete the registration before
25 rejecting it for omissions and inconsistencies.
26 § 1107. Approval of official registration applications.
27 (a) Procedure upon receipt of application.--The commission,
28 upon receipt of an official registration application, shall make
29 an entry of the date received on each application and on the
30 corresponding notification of receipt stub. In the event the
19870H0884B0965 - 69 -
1 applicant does not reside within the county, but resides
2 elsewhere in this Commonwealth, the commission shall immediately
3 forward the application to the proper commission after making a
4 record of the commission to whom it was sent. In all other
5 cases, the commission shall immediately detach the notification
6 stub and send it to the applicant by first class nonforwardable
7 mail, return postage guaranteed, with the postage to be paid by
8 the Commonwealth.
9 (b) Transfer of information to registration card.--If the
10 official registration application contains the required
11 information indicating that the applicant is legally qualified
12 to register as stated in the application, the commission shall
13 transfer all information on the application to a registration
14 card, serially numbered in at least duplicate. The official
15 registration application form may serve as the registration card
16 of the applicant in the general file which shall be known as the
17 general register. The commission shall detach the signature
18 portion from the application form and affix it in the proper
19 space on the original registration card to be inserted in the
20 district register.
21 (c) Transfer of registration.--If the official registration
22 application is intended by the applicant as a transfer of
23 registration and contains the required information, and the
24 applicant is legally qualified to transfer his registration as
25 stated in the application, the commission shall thereupon make
26 the transfer.
27 (d) Applications not in compliance.--If the application is
28 not in compliance with this title, the commission shall mark
29 "REJECTED" on the application form together with the reason for
30 rejection and return it to the applicant by first class
19870H0884B0965 - 70 -
1 nonforwardable mail, return postage guaranteed. An application
2 shall not be rejected because the color of the applicant is not
3 indicated.
4 (e) Undelivered voter identification forms.--Upon the return
5 by the post office of an applicant's voter notification form
6 which the post office is unable to deliver at the given address,
7 the commission shall cause an investigation to be made and, in
8 the event the commission finds that the applicant is not
9 qualified to register from that address, the commission shall
10 reject the application of the applicant and shall notify the
11 applicant by first class forwardable mail of the rejection.
12 (f) Street canvasses.--The commission shall undertake street
13 canvasses by inspectors to verify residence of those registered
14 and to determine if there are unregistered eligible voters
15 residing at those addresses. When the inspectors find or believe
16 that there are unregistered voters at a residence or voters who
17 have changed addresses, they shall leave sufficient official
18 registration applications for all potentially eligible voters
19 who are unregistered or need to change their registrations.
20 (g) Investigations.--If the commission suspects that for any
21 reason the applicant is not entitled to registration, change of
22 address or change of name, the commission may cause an
23 investigation to be made in reference thereto.
24 (h) Rejection of registration.--If the commission finds that
25 the applicant is not qualified to register, change address or
26 change name, the application shall be rejected and the applicant
27 notified of the rejection with the reason therefor. The
28 rejection must be made no later than ten days before the
29 election next succeeding the filing of the application.
30 (i) Persons who have changed their county of residence.--In
19870H0884B0965 - 71 -
1 all cases wherein the application discloses that the applicant's
2 last residence address when he registered was a location within
3 any other county of this Commonwealth, the election commission
4 shall direct a cancellation notice to the election commission of
5 former residence as provided in section 1111 (relating to
6 cancellation notices).
7 § 1108. Registration by persons in the uniformed services, the
8 Merchant Marine, certain religious and welfare groups
9 and overseas civilian Federal personnel.
10 (a) Applicability of section.--This section applies to:
11 (1) Any member of the uniformed services.
12 (2) Any member of the Merchant Marine of the United
13 States.
14 (3) Any person in religious and welfare groups
15 officially attached to and serving with the military
16 services.
17 (4) Any person who is a civilian employee of the United
18 States outside the territorial limits of the several states
19 of the United States and the District of Columbia, whether or
20 not the person is subject to the civil service laws and 5
21 United States Code § 5101 et seq. (relating to classification
22 of employees) and whether or not paid from funds appropriated
23 by Congress.
24 (5) The spouse or any dependent of a person described in
25 paragraph (1), (2), (3) or (4).
26 (b) Submission to commission.--A person eligible under this
27 section may register in person or may submit to the commission a
28 completed and executed official registration application as
29 provided in section 1104 (relating to mail registration
30 applications). The commission shall consider a request for an
19870H0884B0965 - 72 -
1 absentee ballot from any eligible person as a request for an
2 official registration application and forward to the person,
3 together with his absentee ballot and balloting material, an
4 official registration application, to be completed and the
5 declaration signed prior to or concurrently with the time of
6 voting the absentee ballot. The envelope containing the executed
7 official registration application must be received by the
8 commission no later than the deadline provided in section
9 3501(a) (relating to canvassing of official absentee ballots)
10 for the receipt of absentee ballots.
11 (c) Residence is to remain the same.--The status of any
12 person eligible to register under this section with respect to
13 residence shall remain as the same home residence from which he
14 is qualified to register. If, at the time of leaving the home
15 address, any person has not resided in this Commonwealth or in a
16 particular election district thereof for a sufficient time to
17 have been entitled to be registered, but by continued residence
18 would have become so entitled, he shall be entitled to be
19 registered at such time as he would have been so entitled had he
20 not left the home address and had continued to reside where he
21 then resided.
22 § 1109. Registration by persons employed by Commonwealth or
23 Federal Government.
24 (a) Applicability of section.--Any person employed in the
25 service of the Commonwealth or the Federal Government, and
26 required thereby to be absent from the election district where
27 he resided when entering that employment, and his spouse, may be
28 registered as of the district in which he resided immediately
29 prior to entering that service and be enrolled as a member of
30 the party he designates without declaring a residence by street
19870H0884B0965 - 73 -
1 and number.
2 (b) Certificate of employment.--All persons employed by the
3 Commonwealth who register under this section shall produce a
4 certificate from the head of the Commonwealth agency, under the
5 seal of his office, setting forth that the person or his spouse
6 is employed in the service of the Commonwealth, the nature of
7 the employment and the time when the person first entered
8 employment. All persons employed by the Federal Government who
9 register under this section shall produce a certificate from the
10 head of the proper department, division or bureau, under the
11 seal of his office, setting forth that the person or his spouse
12 is employed in the service of the United States, the nature of
13 the employment and the time when the person first entered
14 employment. The commission shall retain the certificates and
15 cause to be noted on the registration card of each person so
16 registered the fact that the person is a Commonwealth or Federal
17 employee. At least once every two years the commission shall
18 verify the employment of all persons registered under this
19 section at either the office of the proper department, board,
20 commission or office of the Commonwealth or at the office of the
21 department, division or bureau of the Federal Government in
22 whose employ the person is alleged to be. If the person is found
23 to be no longer an employee of the Commonwealth or of the
24 Federal Government, his registration card shall be removed from
25 the district register until such time as that person appears at
26 the office of the commission and declares the street or road and
27 number, if any, of his residence in the district. In any such
28 case, the commission shall advise the elector promptly, in
29 writing, of its action.
30 § 1110. Elector's identification cards.
19870H0884B0965 - 74 -
1 When the registration of an elector has been completed, the
2 commission may, in the case of in-person registration, transmit
3 directly to the elector a wallet-sized elector's identification
4 card. The elector's identification card may, in the case of in-
5 person registration when the elector's identification card is
6 not transmitted directly to the elector, and shall, in other
7 cases, be mailed to the elector by first class nonforwardable
8 mail. The elector's identification card shall set forth:
9 (1) The name and address of the elector.
10 (2) The name of the municipal corporation.
11 (3) The ward and district, if any.
12 (4) The fact of registration.
13 (5) Designation of party enrollment and the date
14 thereof.
15 (6) The serial number of the elector's registration
16 card.
17 (7) Space for the elector to affix his signature.
18 A notice shall be printed on the elector's identification card
19 that the card relates only to the time of its issuance, and is
20 not of itself evidence or proof of the qualifications of the
21 elector to vote at any election, nor is it necessary to present
22 it when voting. The carrier envelope in which the statement is
23 enclosed shall contain on the outside a request to the
24 postmaster to return it within five days if it cannot be
25 delivered to the elector at the address given. Upon the return
26 by the post office of any statement which it has been unable to
27 deliver at the registered address because the elector could not
28 be found there, the commission shall mail to the elector at the
29 address given a notice, sent as first class forwardable mail to
30 be forwarded, requiring the elector to appear within ten days of
19870H0884B0965 - 75 -
1 the date of mailing the notice in order to satisfy the
2 commission of his qualifications as an elector. At the
3 expiration of the time specified in the notice, the commission
4 shall cancel or suspend the registration of any elector who has
5 not communicated with the commission and proven his
6 qualifications as an elector.
7 § 1111. Change in elector's county of residence.
8 (a) General rule.--Whenever an elector has removed his
9 residence from one county in this Commonwealth to another county
10 in this Commonwealth, the commission of the county of present
11 residence shall notify the commission of the county of former
12 residence by means of either of the methods described in this
13 section. Upon receipt of this notification, the commission of
14 the county of former residence shall cancel the registration of
15 the elector.
16 (b) Cancellation notices.--The commission of the county of
17 present residence may require an elector described in subsection
18 (a) to sign a cancellation notice provided by that commission,
19 which shall be sent to the commission of the county of former
20 residence. The cancellation notice shall be in form determined
21 by the secretary in substantially the following form:
22 (Date)
23 Office of the Election Commission
24 (Name of county) County, Pennsylvania
25 Cancellation of Previous Registration
26 (Name) is now registered as an elector in (name of
27 county) County, Pennsylvania, and hereby authorizes the
28 cancellation of my previous registration in the County of
29 (name of county), Pennsylvania. My last address was
30 (address) and my date of birth is (date).
19870H0884B0965 - 76 -
1 _____________________________
2 (Signature of elector)
3 _____________________________
4 (Printed name of elector)
5 (c) Lists of removed electors.--The commission of the county
6 of present residence may send the commission of the county of
7 former residence a list of electors described in subsection (a),
8 compiled from the applications for registration. The list shall
9 include the name, former residence in the county receiving the
10 notice, the date of birth of the elector and such other
11 information as the secretary may prescribe by regulation.
12 § 1112. Removal notices.
13 The commission shall provide removal notices for the
14 convenient use of electors registered within the county. These
15 notices shall be printed upon cards suitable for mailing,
16 addressed to the office of the commission, and shall contain
17 space where the elector shall write:
18 (1) The municipal corporation, the street or road and
19 number, if any, of his present residence, and the specific
20 location, including the number of the room or rooms,
21 apartment, flat or floor, if his residence is a portion only
22 of a house.
23 (2) The municipal corporation, the street or road and
24 number, if any, of the address from which he was last
25 registered.
26 (3) The date of his removal to his present residence.
27 (4) His signature.
28 The removal notice shall contain a statement that the elector
29 may, by filling out properly and signing a removal notice and
30 returning it to the office of the commission, secure the
19870H0884B0965 - 77 -
1 transfer of his registration to the election district in which
2 he resides, effective as to the election occurring at least 30
3 days after the date of his removal into the new district. Each
4 removal notice shall contain a warning to the elector that the
5 notice will not be accepted as an application for transfer of
6 the elector's registration unless the signature can be
7 identified by the commission as the elector's signature in the
8 general and district register for the municipal corporation in
9 which he was last registered. Each removal notice, to be
10 effective, must be received at the office of the commission at
11 least 30 days prior to any election, which warning shall also be
12 contained on the removal notice. An official registration
13 application card of any elector who has registered by mail may
14 qualify as a removal notice.
15 § 1113. Elector's change of address within same election
16 district.
17 Any elector who removes his residence within the same
18 election district shall notify the commission by filing a
19 removal notice with the commission not later than 30 days next
20 preceding the election. An official registration application of
21 any elector who has registered by mail may qualify as a removal
22 notice. Any elector who removes his residence within the same
23 election district, and who has not yet filed a removal notice
24 with the commission, may be permitted to vote at the election
25 next following the removal if, at the time of signing elector's
26 certificate, he files with the judge of election a signed
27 removal notice properly filled out. All removal notices shall be
28 returned to the commission with the voting checklist and the
29 commission shall proceed to transfer the registration of such
30 electors.
19870H0884B0965 - 78 -
1 § 1114. Transfer of registration.
2 (a) Procedures upon receipt of removal notice.--Upon
3 receipt, not later than the 30th day next preceding any
4 election, of a signed removal notice properly filled out or a
5 signed request containing the required information and setting
6 forth a removal of residence to another location within the
7 county, the commission shall compare the signature thereon with
8 that on the registration card of the elector and, if the
9 signature appears authentic, shall enter the change of residence
10 on the registration cards of the elector in the general and
11 district registers and shall transfer the registration card of
12 the elector from the district register of the election district
13 of his previous residence to the district register of the
14 election district of his new residence.
15 (b) Late requests for transfer.--When a request for
16 transfer, believed authentic by the commission, is received at
17 the office of the commission and shows thereon a removal after
18 the 30th day next preceding an election, the commission shall
19 enter the change of residence on the registration cards of the
20 elector in the general and district registers and shall transfer
21 the registration card of the elector from the district register
22 of the election district of his previous residence but shall not
23 include it in the register of the district of his new residence
24 until after the election. In any such case the commission shall
25 advise the elector promptly in writing of its action.
26 (c) Notification of elector.--If the commission doubts that
27 the request for transfer is authentic, it shall, without
28 transferring the registration of the elector, promptly notify
29 the elector that it will be necessary for him to apply in person
30 at the office of the commission for the transfer of his
19870H0884B0965 - 79 -
1 registration.
2 (d) Cities of the first class.--Notwithstanding subsections
3 (a), (b) and (c), in the cities of the first class an elector
4 who removes his residence from one election district in the city
5 to another election district in the city shall file an
6 application for registration. Upon the receipt of a removal
7 notice under section 1113 (relating to elector's change of
8 address within same election district), the commission shall
9 enter the change of residence on the registration cards of the
10 elector in the general and district registers. Upon the receipt
11 of an application for registration described in this subsection,
12 the commission shall enter the change of residence on the
13 registration cards of the elector in the general and district
14 registers and shall transfer the registration card of the
15 elector from the district register of the election district of
16 his previous residence to the district register of the election
17 district of his new residence.
18 § 1115. Change of enrollment.
19 (a) Change in person.--At any time prior to the 30th day
20 next preceding an election, any person who desires to change the
21 enrollment of his political designation, or who, although
22 registered, has not enrolled as a member of a party, may appear
23 before a registrar, commissioner or clerk and state in writing,
24 over his signature, the party in which he desires to be
25 enrolled, and the registrar, commissioner or clerk shall cause
26 the enrollment of the elector's political designation to be made
27 or altered accordingly in the general and district registers.
28 The signature of the elector shall be verified by comparison
29 with his signature on the general and district registers before
30 the change of enrollment is made. Any elector who desires to
19870H0884B0965 - 80 -
1 change his party enrollment and is unable to sign his
2 application shall make his mark thereto in the presence of the
3 registrar, commissioner or clerk and shall produce such other
4 evidence as may be necessary to establish his identity.
5 (b) Change by mail.--Any person who is duly registered and
6 who desires to change his party enrollment shall be permitted to
7 do so by addressing to the commission a signed written
8 application under oath or by submitting an official registration
9 application card on a form determined by the secretary
10 designated as a change of party enrollment which contains the
11 information reasonably required by the commission. The secretary
12 shall cause adequate supplies of this form to be printed at the
13 expense of the Commonwealth. The application may be sent by the
14 applicant by mail or by any other means. If, upon examination,
15 the signature appears authentic and the application conforms to
16 this section, the enrollment shall be changed in accordance with
17 the application.
18 (c) Effective date.--If an elector changes his party
19 enrollment between any primary and the following November
20 election, the party enrollment change shall become effective no
21 later than the next ensuing primary.
22 § 1116. Disabled electors.
23 (a) Application to commission.--Any elector who has, since
24 the time of registration, suffered a physical disability which
25 renders him unable to see, mark the ballot, operate the voting
26 machine or enter the voting compartment or booth without
27 assistance shall, at least seven days prior to the next
28 succeeding election, personally make application under oath to
29 the commission or a registrar to have that fact entered on his
30 registration card, together with the exact nature of his
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1 physical disability, which entry shall be made accordingly.
2 (b) Electors no longer in need of assistance.--When the
3 commission ascertains that any elector who has declared his need
4 for assistance is no longer illiterate or no longer suffers from
5 the physical disability stated by him or has voted without
6 assistance, it shall immediately cancel on his registration card
7 the entry relating to illiteracy or physical disability which
8 authorized him to have assistance and shall immediately notify
9 the elector by mail of its action.
10 § 1117. Reports of deaths and changes of residence.
11 (a) Reports from Department of Health.--The commission shall
12 cancel the registration of each elector reported dead by the
13 Department of Health. Any person falsely reported deceased by
14 the Department of Health may appear in person before a
15 registrar, commissioner or clerk at the office of the commission
16 and, upon proof of his identity, the commission shall correct
17 its records accordingly.
18 (b) Reports to commission by municipal agencies and private
19 entities.--Upon the request of the commission, all municipal
20 officers, departments and bureaus and all public utility
21 corporations furnishing electricity, gas, water or steam to
22 householders shall report in writing to the commission upon
23 forms supplied by it all cases of discontinuance of their
24 service to residences, together with the names of the persons
25 who contracted for the service and the addresses to which the
26 persons have removed, if known to them. Upon request of the
27 commission, all real estate brokers and rental agents shall
28 report in writing to the commission all tenants who have vacated
29 residential property managed by them together with the addresses
30 to which they have removed if known to them.
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1 (c) Notice to persons named in any report.--The commission
2 shall send to each person who is the subject of a report under
3 subsections (a) and (b) and to all members of the family and
4 household who are electors registered at the same address, the
5 notice provided for by section 1118(a) (relating to the checkup
6 of registers) and shall thereupon proceed in accordance with
7 that section.
8 § 1118. Checkup of registers.
9 (a) Checkup of registration by mail.--Prior to the 30th day
10 next preceding an election, the commission may mail to any
11 elector whose name appears in any district register, a notice,
12 setting forth the elector's name and address as it appears in
13 the register, and requesting him in case of any error to present
14 the notice, on or before ten days next ensuing, at the office of
15 the commission to secure the correction of the error, and
16 warning the elector that any discrepancy between his actual name
17 and address and his name and address as recorded in the original
18 register will constitute ground for challenging his vote. The
19 notice shall contain on the outside, "DO NOT FORWARD, return to
20 the Election Commission" and a request of the postmaster to
21 return it within five days if it cannot be delivered to the
22 addressee at the address given. For new registrants or for
23 persons changing their registration and using the official
24 registration application, the notification stub may serve as the
25 checkup by mail of the register.
26 (b) Checkup by United States postal employees.--Prior to 30
27 days next preceding an election, the commission may cause a
28 checkup to be made by postal employees of the United States Post
29 Office of any elector whose name appears in any district
30 register.
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1 (c) Frequency of checkup.--At least once in each four years
2 the commission may conduct a checkup of each elector in the
3 county by either of the methods provided for in subsections (a)
4 and (b).
5 (d) Procedure upon return of undelivered notices.--Upon the
6 return by the post office of any notice which it has been unable
7 to deliver at the given address because the addressee cannot be
8 found there, or upon report by the post office that any elector
9 does not reside at the address given on his registration card,
10 the commission shall either:
11 (1) Direct an authorized employee to visit in person the
12 address of the elector and, if he finds that the elector does
13 not reside at the address, he shall leave at the address the
14 notice prescribed by this section.
15 (2) Send to the registered elector at the address given
16 on his registration card the notice prescribed by this
17 section by first class mail containing on the outside a
18 request to the postmaster to forward it if the addressee does
19 not reside at the address given.
20 (e) Requirements of checkup notice.--The notice shall
21 require the elector to communicate with the commission on or
22 before a date which the commission shall designate, and which
23 shall be not less than ten days and not more than 30 days from
24 the service or mailing of the notice, and in any case not later
25 than the 15th day preceding the election next ensuing, and to
26 satisfy the commission of his qualifications as an elector. At
27 the expiration of the time specified in the notice the
28 commission shall cancel or suspend the registration of a person
29 who has not communicated with the commission and proved his
30 qualifications as an elector. When any elector who has been
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1 mailed the notice prescribed by this section communicates with
2 the commission claiming the right to remain registered at the
3 address to which the original notice was mailed, the commission
4 shall cause an investigation to be made of the claim and, if not
5 satisfied of the right of the elector to remain registered at
6 that address, shall cancel or suspend the registration of the
7 elector. Every elector whose registration is canceled in
8 accordance with this section shall be required to register in
9 the manner provided by this title in order to be eligible to
10 vote at any ensuing election.
11 (f) Registration of member of the uniformed services.--The
12 registration of any member of the uniformed services shall not
13 be canceled or suspended by reason of his failure to reside at
14 the address appearing upon the district register if he resided
15 at that address on the date he entered military service.
16 § 1119. Canvass of registered electors.
17 (a) Manner of verifying registration.--The commission may at
18 any time, by individual commissioner or by inspectors of
19 registration, verify the registration in any election district
20 in the county by visiting each building from which an elector is
21 registered and any other buildings as the commission may deem
22 necessary, and shall make a record of the name and address of
23 each person registered who is not found to reside at the address
24 from which he is registered, or who for any other reason appears
25 not to be qualified to vote in the election district from which
26 he is registered and shall leave at the address of that person
27 the notice prescribed by section 1118(a) (relating to the
28 checkup of registers).
29 (b) Cancellation or suspension of registration.--At the
30 expiration of the time specified in the notice, the commission
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1 shall cancel or suspend the registration of each person who has
2 not communicated with the commission and proved his
3 qualifications as an elector.
4 (c) Appointment of special inspectors.--For the purpose of
5 facilitating any canvass, the commission may, when necessary,
6 appoint special inspectors of registration in number not
7 exceeding twice the number of election districts which the
8 commission determines to canvass.
9 (d) Powers of special inspectors.--The special inspectors
10 may exercise the powers conferred by this title upon inspectors
11 of registration. They shall be electors of the county and shall
12 be appointed without reference to residence in election
13 districts or to their political affiliations or beliefs.
14 (e) Instruction of special inspectors.--The commission shall
15 instruct each special inspector in his duties.
16 § 1120. General register.
17 A copy of the registration cards for all municipal
18 corporations within the county shall be placed in alphabetical
19 order, indexed and kept at the office of the commission in a
20 secure place. These cards shall constitute the general register
21 of the county and shall not be removed from the office of the
22 commission except upon order of a court. The official
23 registration application of an elector who has registered by
24 mail may qualify as a copy of the registration card.
25 § 1121. District registers.
26 (a) Administration, location and availability.--The original
27 registration cards shall be filed by election districts and,
28 within each election district, in alphabetical order or in the
29 order in which their residences appear upon streets of the
30 election district and in alphabetical order for each residence
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1 as the commission may determine, and shall be visibly indexed as
2 to name and voting record. The registration cards filed for each
3 election district shall constitute the district register for the
4 district. The district register shall be kept at the office of
5 the commission, except as provided in this section, and shall be
6 open to public inspection in accordance with section 105
7 (relating to public inspection of records and documents).
8 (b) Retention of registration cards.--The commission shall
9 safely retain all registration cards in such order or manner as
10 it may by regulation direct. Any registration card may be
11 substituted for a lost or destroyed original or duplicate card
12 of the same elector on order of the commission endorsed thereon
13 and signed by a commissioner and the card, when so substituted,
14 shall be deemed for all purposes as though it were the original
15 or duplicate card, as the case may be.
16 (c) Applications deemed originals.--All official
17 registration applications shall be deemed original registration
18 declarations for the purposes of this section.
19 § 1122. Comparison and correction of registers.
20 Commencing 30 days prior to each election, the commission
21 shall compare and correct the general and district registers.
22 § 1123. Street lists.
23 (a) Preparation of street lists.--After the last day
24 preceding each election when electors may be registered, the
25 commission shall prepare for each election district a list of
26 the names and addresses of all electors as of that date resident
27 in the district, either arranged by streets and house numbers or
28 arranged alphabetically or by another arrangement whereby the
29 location of the elector's residence can be identified.
30 (b) Distribution of copies.--The commission as soon as
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1 possible shall distribute copies of the list to the inspectors
2 and special inspectors of registration and the officials
3 concerned with the conduct of elections and among the parties,
4 political bodies, candidates and organized bodies of citizens
5 interested therein. The commission shall give at least ten
6 copies of each street list to the county committee of each party
7 or political body, upon the written application of its chairman;
8 at least ten copies of each street list to the executive or
9 governing committee of each organized body of citizens having as
10 its purpose, or among its purposes, the investigation and
11 prosecution of election frauds, upon the written application of
12 the presiding officer of that body of citizens; and at least one
13 copy of each street list with which his candidacy is concerned
14 to each candidate, upon his written request. Two complete sets
15 of the street lists on file shall be kept at the office of the
16 commission, convenient for public inspection during ordinary
17 business hours. In cities of the first class, not later than the
18 seventh day preceding each election, the commission shall post
19 or cause to be posted at each polling place in the city, at a
20 point accessible to the public, one of the street lists to be
21 maintained at such place until the closing of the polls on the
22 succeeding election day.
23 § 1124. Delivery of district registers to election officers.
24 (a) General rule.--No later than 12 noon on the Friday
25 preceding an election or, in cities of the first class, 8 a.m.
26 on the Saturday preceding an election, the commission shall have
27 all district registers accurately corrected to date and shall
28 deliver them or make them available to the proper election
29 officers. The commission shall not deliver the registration card
30 of any person who has removed from one election district to
19870H0884B0965 - 88 -
1 another within 30 days of the election.
2 (b) Binders.--District registers shall be contained in
3 suitable binders so constructed and locked that the name,
4 address, voting record and other data on each card may be
5 visible, and that entries may be made on each card, but that the
6 cards cannot be removed by the election officers. The binders
7 shall have printed or written thereon the words "District
8 Register of Voters" and the number of the district and ward. The
9 binders shall be enclosed within a case or container and shall
10 be locked and sealed by the commission before delivery.
11 (c) Exception for presidential elections.--Notwithstanding
12 subsection (a), in any general election in which presidential
13 and vice presidential electors are elected, the commission shall
14 include in the district register any persons qualified to vote
15 for presidential and vice presidential electors under section
16 3313 (relating to absentee electors for presidential and vice
17 presidential electors). The registration cards of these persons
18 shall be kept in a separate binder constructed in accordance
19 with subsection (b).
20 § 1125. Examination of district registers and voting
21 checklists.
22 (a) Time of examination.--Immediately following each
23 election, the commission shall cause each district register and
24 voting checklist to be examined.
25 (b) Correction of registers.--In the case of any elector
26 whom the election officers have recorded as removed, deceased or
27 challenged and prevented from voting, the commission shall
28 ascertain the facts and correct the general and district
29 registers accordingly.
30 (c) Comparison of signatures and report to district
19870H0884B0965 - 89 -
1 attorney.--The commission may compare the signature of each
2 elector on each elector's certificate with his signature in the
3 district register, and shall report immediately in writing to
4 the district attorney any evidence or indication of probable
5 fraud, personation or forgery which may appear to the commission
6 by reason of comparison of elector's certificate and registers
7 or other records in its custody.
8 (d) Supplemental registration cards.--Whenever the
9 registration card of any elector is entirely filled up so that
10 the entries required to be made can no longer be made, the
11 commission shall have prepared and attached to the registration
12 cards in each register a supplemental card. Each supplemental
13 card shall be printed in a color different from the registration
14 cards. It shall have the same serial number as the registration
15 card, followed by the letter "A," "B," etc., according to the
16 number of supplemental cards attached to that registration card.
17 Each supplemental card shall have space for the entry of the
18 surname of the elector, his given name or names, the street and
19 number of his residence, the ward and election district in which
20 he resides and to which he may from time to time remove,
21 together with his street address in each district and the other
22 data required to be given upon removal, the date of each
23 election at which the elector votes and the signature or
24 initials of the election officer who enters the record of voting
25 on the card. Each supplemental card shall be attached to the
26 registration card to which it relates, by permanent fasteners,
27 in such a manner that the contents of the registration card may
28 be examined and entries made on the supplemental card. Whenever
29 supplemental cards are attached to the registration card of any
30 elector, the registration card shall be stamped with the words
19870H0884B0965 - 90 -
1 "Supplemental cards attached," together with the date.
2 § 1126. Cancellation or suspension of registration upon failure
3 to vote during two calendar years.
4 (a) General rule.--Within three months after January 1 of
5 each year, the commission shall cause all of the district
6 registers to be examined and, in the case of each elector who
7 has been registered for a period of at least two immediately
8 preceding calendar years and who is not recorded as having voted
9 at any election during such period, the commission shall send to
10 the elector by mail, at the address appearing upon his
11 registration card, a notice setting forth that the records of
12 the commission indicate that he has not voted during the two
13 immediately preceding calendar years and that his registration
14 will be canceled or suspended at the expiration of 30 days from
15 the date of mailing the notice unless within that period he
16 files with the commission, either personally or by mail, a
17 written request for reinstatement of his registration or a
18 removal notice properly executed. A list of persons to whom the
19 notices have been mailed shall be sent promptly to the county
20 chairman of the party of which the electors were registered as
21 members. At the expiration of the time specified in the notice,
22 the commission shall cancel or suspend the registration of the
23 elector unless he has filed with the commission a request for
24 reinstatement of his registration or a removal notice. The
25 official registration application card of an elector who has
26 registered by mail may qualify as a reinstatement of his
27 registration or a removal notice. The cancellation or suspension
28 of the registration of any elector for failure to vote during
29 the two immediately preceding calendar years shall not affect
30 the right of the elector to subsequently register.
19870H0884B0965 - 91 -
1 (b) Request and petition for reinstatement.--The removal
2 notice shall have the same effect as the request for
3 reinstatement, as provided in subsection (a), where failure to
4 vote during two calendar years may cause cancellation or
5 suspension of registration. Except in cities of the first class,
6 any elector who, due to circumstances beyond his control, has
7 failed to vote or file a removal notice card as provided in this
8 section may, on the day of any election, appear at the office of
9 the commission and, upon satisfactory proof, execute and file a
10 removal or reinstatement notice. On election day the elector may
11 petition the court praying for an order directed to the district
12 election board to enable him to exercise his right of suffrage.
13 Appended to the petition shall be a certification to the court
14 by the commission or a person or persons as it may authorize,
15 stating the reason for the removal of the elector's registration
16 card from its active file and further certifying that he has now
17 been duly registered and his card transferred to its active
18 file. The petition shall be signed by the petitioner whose
19 signature shall be compared by an election officer with the
20 signature of the petitioner as it appears on the elector's
21 certificate as executed by him for the purpose of identification
22 and qualification to vote.
23 (c) Limitation.--Except in cities of the first class, the
24 examination required by subsection (a) shall not be performed
25 during the years the commission conducts a checkup of electors
26 in compliance with section 1118 (relating to checkup of
27 registers).
28 § 1127. Cancellation, removal and preservation of registration
29 cards and other records.
30 (a) General rule.--Whenever the registration of an elector
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1 is canceled for any cause, the commission shall mark on the
2 registration cards of the elector the word "canceled" and the
3 date and cause of cancellation, and shall remove them from the
4 general and district registers. Each card shall be kept for five
5 years, after which it may be destroyed upon approval in writing
6 by the district attorney.
7 (b) Destruction of nonessential records.--All records
8 provided for under this chapter which are not essential for
9 maintaining the current status of any elector may be destroyed
10 by the commission after three years.
11 § 1128. Correction of erroneous cancellation or suspension of
12 registration.
13 Whenever the registration of an elector has been canceled or
14 suspended through error, he may petition the commission for the
15 reinstatement of his registration not later than the tenth day
16 preceding any election. After a hearing on the petition, if
17 error on the part of the commission is proved, the commission
18 shall reinstate the registration of the elector.
19 § 1129. Watchers at places of registration.
20 (a) Entitlement to watchers.--Any party or political body,
21 or any organized body of citizens having among its purposes the
22 investigation and prosecution of election frauds may recommend
23 not more than three electors of the county to act as watchers of
24 registration without public expense. The commission shall
25 appoint each person recommended as a watcher unless he has been
26 previously convicted of any crime and shall provide him with a
27 proper certificate stating his name and the party, political
28 body or organized body of citizens which he represents.
29 (b) Powers.--Each watcher shall be entitled to remain at any
30 place of registration, including the office of the commission,
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1 during the time when it remains open for the registration of
2 electors, and to keep a list or memorandum concerning the
3 persons applying for registration, and to challenge any person
4 regarding his right to be registered and to inspect any papers
5 produced by that person. The commission and its registrars,
6 clerks and employees shall give every watcher ample opportunity
7 and afford him every convenience for the discharge of his
8 duties. The commission or a registrar, clerk, employee or
9 inspector may, at any time, require any watcher to show his
10 certificate of appointment.
11 (c) Limitation of number.--Unless the commission by
12 regulation provides otherwise, not more than one watcher for
13 each party, political body or organized body of citizens shall
14 be allowed in a place of registration or the office of the
15 commission at any one time.
16 SUBCHAPTER B
17 CHALLENGES TO REGISTRATION
18 Sec.
19 1151. Challenges to applicants for registration.
20 1152. Challenges to party enrollment.
21 1153. Incomplete or rejected applications.
22 1154. Appeal of rejected applicants.
23 1155. Petition to strike off names.
24 1156. Appeal of denial of registration.
25 § 1151. Challenges to applicants for registration.
26 (a) General rule.--Any person claiming the right to register
27 may be challenged by a registrar, commissioner or clerk or an
28 elector of the municipal corporation. Any person so challenged
29 shall answer the questions of the challenge affidavit and after
30 his answers have been recorded he shall subscribe to them and
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1 swear to their truth.
2 (b) Filing of challenge affidavits.--The affidavits shall be
3 filed with a copy of the registration declaration and returned
4 together to the commission.
5 (c) Form of challenge affidavit.--The form of the challenge
6 affidavit shall be determined by the secretary and shall contain
7 spaces for the following information:
8 (1) Serial number.
9 (2) Place and date of execution.
10 (3) Full name of challenged applicant.
11 (4) Marital status.
12 (5) If married, where family resides.
13 (6) If single, where parents reside.
14 (7) Actual residence immediately prior to present
15 residence.
16 (8) Residence for the four months immediately preceding
17 date of execution.
18 (9) Name of present employer.
19 (10) Municipal corporation and street and number of
20 place of business.
21 (11) If unemployed, name of last employer and year in
22 which employment was terminated.
23 (12) Municipal corporation and street and number of last
24 employer's place of business.
25 (13) Sex of applicant.
26 (14) Color of applicant.
27 (15) Date of birth.
28 (16) Such distinguishing marks, peculiarities and
29 further identification information as the commission shall
30 prescribe.
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1 (d) Rebuttal of challenge.--The challenged applicant shall
2 produce at least one elector of the election district as a
3 witness who shall make affidavit of his residence in the
4 election district. If the challenged applicant establishes his
5 right to be registered, he shall be registered.
6 § 1152. Challenges to party enrollment.
7 (a) Challenge upon application to register.--Any person
8 making application to be enrolled as a member of a party for the
9 purpose of voting at a primary may be challenged by any elector
10 of the county. Any person so challenged shall be enrolled as a
11 member of the party if he executes an affidavit that, at the
12 last election at which he voted, he voted for a majority of the
13 candidates of the party, all of the candidates of a party for
14 presidential elector being counted as two candidates. If he is
15 unable or unwilling to make the affidavit, he shall be denied
16 enrollment as a member of the party, but he shall not be deemed
17 guilty of any violation or attempted violation of any law by
18 reason thereof.
19 (b) Challenge of registered elector.--At any time not later
20 than the 20th day preceding a primary, any elector of the
21 municipal corporation, including any watcher, may petition the
22 commission to cancel the party enrollment of any elector of the
23 municipal corporation who has previously enrolled as a member of
24 a party for the purpose of voting in a primary, setting forth
25 that he believes that the elector is no longer a member of the
26 party with which he has been enrolled, and that due notice of
27 the time and place when the petition will be presented has been
28 given to the elector, at least 24 hours prior thereto, by
29 delivering a copy to him personally or by leaving it with an
30 adult member of the family with which he resides. If, at the
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1 hearing, the elector against whom the petition is filed appears
2 and swears that, at the last election at which he voted, he
3 voted for a majority of the candidates of the party with which
4 he is enrolled at the time of the hearing, all of the candidates
5 of a party for presidential elector being counted as two
6 candidates, the petition shall be refused; otherwise, the party
7 enrollment of the elector shall be immediately canceled.
8 § 1153. Incomplete or rejected applications.
9 The registrar, commissioner or clerk shall record on
10 registration cards the surname, given name or names and street
11 and number of residence of each person who applies for
12 registration, whether or not the application is accepted.
13 Whenever the applicant is rejected after a portion of the record
14 has been filled in, the registration card or cards shall be
15 marked "Applicant Rejected" and the registrar, commissioner or
16 clerk shall note thereon the reason for the rejection and sign
17 his name thereto. The registrar, commissioner or clerk shall
18 immediately and personally notify the applicant if his
19 application for registration is rejected. If the registration
20 application was received by mail or from a personal
21 representative of the elector, notice of rejection shall be by
22 mail. All cards shall be returned to the commission and
23 preserved for a period of two years.
24 § 1154. Appeal of rejected applicants.
25 Any person whose application to be registered has been denied
26 by a registrar, commissioner or clerk may petition the
27 commission not later than 15 days prior to the election to be
28 registered. The commission shall fix a time for a public hearing
29 at its office not later than the tenth day prior to the
30 election. The commission shall hear and dispose of the petition,
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1 having first given at least 48 hours' notice of the hearing to
2 the person who rejected the petitioner's application for
3 registration. The commission shall not be bound by the technical
4 rules of evidence. The commission, if satisfied that the
5 petitioner is entitled to be registered, shall direct his
6 registration in the usual manner and amend accordingly the
7 records affected. Any registrar, clerk, inspector of
8 registration or elector of the county may appear and show cause
9 why the petitioner should not be registered.
10 § 1155. Petition to strike off names.
11 (a) General rule.--At any time not later than 15 days
12 preceding any election, any elector of the municipal
13 corporation, including any watcher, registrar or inspector of
14 registration, may petition the commission to cancel or suspend
15 the registration of any elector of the municipal corporation
16 setting forth sufficient grounds for cancellation or suspension.
17 One of the members of the commission shall fix a time for a
18 hearing not later than ten days before the election. The
19 petitioner shall cause 24 hours' notice of the proceeding to be
20 given to the elector either personally or by leaving a copy of
21 the petition with an adult person at the place of residence as
22 recorded on the register. The elector who served the petition
23 shall file an affidavit of service. If the elector cannot be
24 found at the place given in the district register, upon the
25 filing of an affidavit that no adult person resides at the
26 address given, the hearing may proceed as scheduled.
27 (b) Hearing.--At the hearing, the commission shall cancel or
28 suspend the registration of the elector and amend accordingly
29 the general and district registers and any other records
30 affected, unless the elector appears and shows cause why this
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1 should not be done. The commission shall not be bound by the
2 technical rules of evidence in the taking of testimony.
3 § 1156. Appeal of denial of registration.
4 (a) Time of appeal and hearing.--Any applicant for
5 registration or any elector whose rights are impaired by any
6 order made by the commission, except an order refusing to remove
7 names from the register, may appeal to the court not later than
8 the seventh day preceding any election. If the decision of the
9 commission is made after nine days preceding an election, the
10 appeal shall be filed not later than 48 hours after the
11 decision. The court shall fix a time and place for the hearing
12 and direct that notice shall be served upon the counsel for the
13 commission and all interested persons at least 48 hours before
14 the hearing.
15 (b) Extension of time.--The court may enlarge the time of
16 notice or continue the hearing as may be reasonable with due
17 regard for the time remaining before the election.
18 (c) Production of documents.--At the written request of the
19 appellant, the commission shall produce at the hearing its
20 relevant records.
21 (d) Rights of commission.--The commission shall not be
22 required to answer any appeal and shall not be required, by
23 subpoena or otherwise, to appear at the hearing. If the
24 commission appears at the hearing, it may appeal any adverse
25 order of the court.
26 PART V
27 TIME AND PLACE OF VOTING
28 Chapter
29 13. Election Districts and Polling Places
30 15. Types of Elections
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1 CHAPTER 13
2 ELECTION DISTRICTS AND POLLING PLACES
3 Subchapter
4 A. Election Districts
5 B. Polling Places
6 SUBCHAPTER A
7 ELECTION DISTRICTS
8 Sec.
9 1301. Composition of election districts.
10 1302. Changing election districts.
11 § 1301. Composition of election districts.
12 (a) Power to create election districts.--Each borough and
13 township not divided into wards and each ward of every city,
14 borough, incorporated town and township shall constitute a
15 separate election district unless the commission forms or
16 creates new election districts by dividing or redividing the
17 borough, incorporated town, township, ward or election district
18 into two or more election districts of compact and contiguous
19 territory, or alters the boundaries of any election district,
20 consolidates adjoining election districts or forms an election
21 district out of two or more adjacent districts or parts of
22 districts, so as to suit the convenience of the electors and to
23 promote the public interest.
24 (b) Characteristics of election districts.--Each election
25 district as nearly as practicable shall be composed of
26 contiguous and compact areas having clearly observable
27 boundaries and wholly contained within any larger district from
28 which any State, county, municipal or school district officers
29 are elected. When a school district crosses county lines, the
30 regions of the school district shall be composed of contiguous
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1 election districts. Except as otherwise provided in this
2 section, an election district shall be altered if more than 800
3 votes have been cast in person in the district at each of the
4 last two preceding general elections; however, the commission
5 may order an exception to this maximum vote requirement if such
6 an exception is necessary to suit the convenience of the
7 electors. Election districts in the county shall be designated
8 consecutively by number.
9 (c) Restriction on time for changing boundaries of election
10 districts.--No election district shall be created, divided,
11 abolished or consolidated or the boundaries therein changed
12 during the period from four months prior to each primary until
13 the succeeding general election or between January 1 of any year
14 whose last digit is 8 and December 1 of any year whose last
15 digit is 0.
16 (d) Requirements for maintaining maps.--Each commission
17 shall provide and maintain a suitable map clearly delineating
18 all major observable features such as roads, streams and railway
19 lines and showing the current geographical boundaries of each
20 election district and each electoral district represented by a
21 senator or representative in Congress and by a senator or
22 representative in the General Assembly. A word description of
23 the geographical boundaries of each election district shall be
24 attached to each map. The map, with the attached description
25 shall be a public record. Each commission shall send a copy of
26 each map with attached description to the secretary within 30
27 days after completion thereof. These copies shall be public
28 records. The commission shall notify the secretary in writing
29 within 30 days of any changes in the designation of polling
30 places or reorganization of election districts and shall furnish
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1 a copy of the map showing the current geographical boundaries,
2 the designation by number and the boundary description of each
3 new election district.
4 § 1302. Changing election districts.
5 (a) Petition by electors.--Upon the petition to the
6 commission of 20 electors of any township, borough, ward or
7 election district requesting the modification of the election
8 district, the commission shall investigate the facts and make a
9 report of its findings and recommendations. The petition may
10 specify the boundaries desired by the petitioners and may be
11 accompanied by a map setting forth such boundaries. If the
12 commission finds that a modification will promote the
13 convenience of the electors and the public interest, it shall
14 make the proper modification of election districts and accompany
15 its report with a map, plot or draft of the new election
16 district or districts proposed by it if the same cannot be fully
17 designated by existing lines.
18 (b) Modification by commission.--The commission may modify
19 any township, borough, ward or election district, accompanying
20 its order by a description of the proposed new election
21 districts and by a map, plot or draft thereof if the districts
22 cannot be fully designated by existing lines.
23 (c) Notice and appeal.--The commission shall not order the
24 division, consolidation or other alteration of any election
25 district until at least ten days after notice has been posted in
26 at least five public and conspicuous places in the district or
27 districts to be affected thereby. One of the notices shall be
28 posted on or in the immediate vicinity of the polling place in
29 each affected district. The notice shall state in brief form the
30 modification of election districts contemplated by the
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1 commission and the date upon which the modification will be
2 ordered. It shall state that any person objecting must file his
3 objections with the commission prior to that date. The
4 commission shall include in the order the names of the district
5 election board appointed pursuant to section 705(c) (relating to
6 selection of district election boards).
7 (d) Appeal to court.--Any person aggrieved by any order of
8 the commission modifying the election districts under this
9 subchapter or making an exception to the maximum vote
10 requirement under section 1301(b) (relating to composition of
11 election districts) may petition the court to review the order.
12 SUBCHAPTER B
13 POLLING PLACES
14 Sec.
15 1311. Location of polling places.
16 1312. Change of polling places.
17 1313. Equipment and arrangement of polling places.
18 1314. Compensation for rent, heat and light.
19 § 1311. Location of polling places.
20 (a) General rule.--The commission shall, wherever possible
21 and practicable, select schoolhouses, municipal buildings or
22 rooms or other public buildings for polling places. The board of
23 public education or school directors or county or municipal
24 authorities shall, upon request of the commission, make
25 arrangements for the use of school, county or municipal property
26 for polling places. No election shall be held in any room or
27 building any part of which is used for the sale or serving of
28 malt or brewed beverages or liquor.
29 (b) Location when public building unavailable.--If no public
30 building is available within the election district, the
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1 commission may, not less than ten days prior to any election,
2 designate as the polling place for that district any public
3 building situated in another adjacent election district within
4 the same ward or, if there are no wards, then within the same
5 borough or township if the public building is directly
6 accessible therefrom by public street or thoroughfare. Two or
7 more polling places may be located in the same public building
8 when selected under this section. A polling place may be
9 selected and designated under this section less than ten days
10 prior to any election only with the approval of the court.
11 (c) Portable polling places.--The commission may provide
12 portable polling places of adequate size and with adequate
13 facilities for any or all election districts.
14 (d) Temporary polling places.--If, in any election district,
15 no proper polling place can be obtained, the commission shall
16 cause to be constructed for the district a temporary room of
17 adequate size and with adequate facilities to be used as a
18 polling place.
19 (e) Accessibility to elderly and handicapped.--Insofar as is
20 practical, the commission shall select polling places which are
21 accessible to electors who are 65 years of age or older or who
22 have a temporary or permanent physical disability or shall
23 provide alternative polling facilities which are accessible to
24 such electors.
25 § 1312. Change of polling places.
26 (a) General rule.--The commission may at any time for any
27 reason that may seem proper to it, either on its own motion or
28 on the petition of ten electors of an election district, change
29 the polling place within any election district.
30 (b) Notice and objections.--The commission shall not change
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1 any polling place without holding a hearing at least five days
2 after notice thereof has been posted on the existing polling
3 place and in the immediate vicinity thereof and at least five
4 days after the written notice has been given to the occupant and
5 the owner of the polling place. If a petition objecting to the
6 proposed change is presented to the commission before the
7 hearing, signed by a majority of the electors of the district,
8 the change shall not be ordered.
9 (c) Exception.--The provisions of subsection (b) shall not
10 apply in the case of an emergency or unavoidable event occurring
11 within ten days of an election which renders any polling place
12 unavailable for use.
13 § 1313. Equipment and arrangement of polling places.
14 (a) General rule.--The commission shall cause all rooms used
15 as polling places to be suitably provided with heat and light.
16 In districts where ballots are used, the room shall be provided
17 with a sufficient number of voting compartments or booths with
18 proper supplies, in which electors may conveniently mark their
19 ballots, with a curtain, screen or door in the upper part of the
20 front of each compartment or booth so that they may be screened
21 from the observation of others while marking their ballots.
22 Every polling place shall consist of a single room, every part
23 of which is within the unobstructed view of those present
24 therein, and shall be furnished with a guard rail or barrier
25 enclosing the inner portion of the room, which barrier or guard
26 rail shall be so constructed and placed that only persons who
27 are inside the rail or barrier can approach within six feet of
28 the ballot box and voting compartments or booths or voting
29 machines, as the case may be. The ballot box and voting
30 compartments or booths shall be so arranged in the voting room
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1 within the enclosed space as to be in full view of those persons
2 in the room outside the guard rail or barrier. The voting
3 machine or machines shall be so placed in the voting room within
4 the enclosed space that, unless its construction otherwise
5 requires, the ballot labels on the face of the machine can be
6 plainly seen by the election officers, overseers and watchers
7 when the machine is not occupied by an elector.
8 (b) Number of voting compartments and machines.--The number
9 of voting compartments to be furnished to each polling place
10 shall not be less than one for every 100 electors or fraction
11 thereof, and in no case less than three. The number of voting
12 machines to be furnished in districts in which voting machines
13 are used shall not be more than one machine for each 350
14 electors or fraction thereof, nor less than one machine for each
15 600 electors or fraction thereof, in the election district.
16 § 1314. Compensation for rent, heat and light.
17 (a) Nonpublic buildings.--The commission shall fix the
18 compensation for rent, heat, light and janitorial services to be
19 paid for the use of polling places other than public buildings.
20 (b) Public buildings.--No compensation for rent, heat,
21 water, light, custodial and janitorial or other services shall
22 be paid in the case of municipal buildings or rooms or other
23 public buildings used as polling places and as temporary voter
24 registration centers.
25 (c) Schoolhouses.--No compensation for rent, heat, water or
26 light shall be paid in the case of schoolhouses, but the
27 commission shall fix the compensation for custodial and
28 janitorial services for schoolhouses used as polling places or
29 as temporary voter registration centers.
30 CHAPTER 15
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1 TYPES OF ELECTIONS
2 Subchapter
3 A. Primaries and November Elections
4 B. Special Elections
5 SUBCHAPTER A
6 PRIMARIES AND NOVEMBER ELECTIONS
7 Sec.
8 1501. Officers to be elected at general election.
9 1502. Officers to be elected at municipal election.
10 1503. Candidates to be nominated at general primary.
11 1504. Candidates to be nominated at municipal primary.
12 1505. Elections on proposed constitutional amendments.
13 § 1501. Officers to be elected at general election.
14 The general election shall be held biennially on the Tuesday
15 next following the first Monday of November in each even-
16 numbered year. Electors of President and Vice President of the
17 United States, United States senators and representatives in
18 Congress shall be elected at the general elections as are
19 required by Federal law. The Governor, the Lieutenant Governor
20 and the senators in the General Assembly representing even-
21 numbered districts shall be elected at general elections in
22 which the President of the United States is not elected. The
23 Attorney General, the Auditor General, the State Treasurer and
24 senators in the General Assembly representing odd-numbered
25 districts shall be elected at the general election in years in
26 which the President of the United States is elected. All
27 representatives in the General Assembly shall be elected in each
28 general election.
29 § 1502. Officers to be elected at municipal election.
30 The municipal election shall be held biennially on the
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1 Tuesday next following the first Monday of November in each odd-
2 numbered year. Unless otherwise required by law, all judges of
3 courts of record shall be elected at the municipal election. All
4 officers of political subdivisions or wards and all election
5 officers shall be elected at the municipal election.
6 § 1503. Candidates to be nominated at general primary.
7 There shall be a general primary preceding each general
8 election which shall be held on the third Tuesday of May in all
9 even-numbered years, except in the year of the nomination of a
10 President of the United States, in which year the general
11 primary shall be held on the fourth Tuesday of April. Candidates
12 for all offices to be filled at the ensuing general election
13 shall be nominated at the general primary. The vote for nominees
14 for the office of President of the United States shall be cast
15 at the general primary.
16 § 1504. Candidates to be nominated at municipal primary.
17 There shall be a municipal primary preceding each municipal
18 election which shall be held on the third Tuesday of May in all
19 odd-numbered years. Candidates for all offices to be filled at
20 the ensuing municipal election shall be nominated at the
21 municipal primary.
22 § 1505. Elections on proposed constitutional amendments.
23 (a) Publishing constitutional amendments.--In accordance
24 with the requirements of section 1 of Article XI of the
25 Constitution of Pennsylvania, the secretary shall cause to have
26 published in the manner prescribed all proposed amendments to
27 the Constitution of Pennsylvania. As much of the money, from
28 time to time, in the General Fund as is deemed necessary by the
29 Governor is hereby appropriated to the department to pay the
30 costs of publication.
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1 (b) Conduct of election.--Unless the General Assembly
2 prescribes otherwise with respect to any particular proposed
3 amendment as to the manner and time of submitting it to the
4 electors of this Commonwealth for approval, the amendment shall
5 be submitted at the first municipal or general election
6 scheduled to occur at least three months, or one month if it is
7 an emergency amendment, after the date upon which the proposed
8 amendment has been agreed to for the second time by the General
9 Assembly, as provided in section 1 of Article XI of the
10 Constitution of Pennsylvania. The proposed constitutional
11 amendment shall be printed on the ballots or ballot labels in
12 brief form to be determined by the secretary with the approval
13 of the Attorney General.
14 SUBCHAPTER B
15 SPECIAL ELECTIONS
16 Sec.
17 1511. Special elections for United States senator.
18 1512. Special elections for representative in Congress.
19 1513. Special elections for members of General Assembly.
20 1514. Special elections for members of municipal bodies.
21 § 1511. Special elections for United States senator.
22 Whenever a vacancy occurs in the office of United States
23 senator, the vacancy shall be filled for the unexpired term by
24 the vote of the electors of this Commonwealth at a special
25 election to be held at the time of the next general or municipal
26 election, occurring at least 90 days after the occurrence of the
27 vacancy. The Governor shall issue writs of election to the
28 various commissions and to the secretary within ten days after
29 the happening of the vacancy. Until such time as the vacancy is
30 filled by election, the Governor may make a temporary
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1 appointment to fill the vacancy.
2 § 1512. Special elections for representative in Congress.
3 Whenever a vacancy occurs or exists in the office of
4 representative in Congress from this Commonwealth during a
5 session of Congress, or whenever the vacancy occurs or exists at
6 a time when the members of Congress are required to meet at any
7 time previous to the next general election, the Governor shall
8 issue, within ten days after the happening of the vacancy, or
9 after the calling of an extraordinary session of Congress during
10 the existence of the vacancy, a writ of election to the proper
11 commission or commissions and to the secretary for a special
12 election to fill the vacancy, which election shall be held on a
13 date named in the writ, which shall be not less than 60 days
14 after the issuance of the writ. The Governor may fix, in the
15 writ of election, the date of the next ensuing primary or
16 municipal election as the date for holding the special election.
17 § 1513. Special elections for members of General Assembly.
18 Whenever a vacancy occurs in either house of the General
19 Assembly, whether or not it is then in session, the presiding
20 officer of the house shall issue a writ of election to the
21 proper commission or commissions and to the secretary for a
22 special election to fill that vacancy, which election shall be
23 held on a date named in the writ, which shall not be less than
24 60 days after the issuance of the writ. The presiding officer
25 may fix, in the writ of election, the date of the next ensuing
26 primary, municipal or general election as the date for holding
27 any such special election. Should the Governor after the
28 issuance of the writ of election advise the presiding officer
29 that the General Assembly will be called into extraordinary
30 session prior to the date set for the special election, the
19870H0884B0965 - 110 -
1 presiding officer may countermand the writ previously issued and
2 in that event shall issue a new writ of election, fixing therein
3 an earlier date therefor as he deems advisable, but which shall
4 not be less than 60 days after the issuance of the writ.
5 § 1514. Special elections for members of municipal bodies.
6 Whenever a special election is required under any statute to
7 fill any vacancy in the office of member of the council or
8 legislative body of any municipal corporation, the election
9 shall be held on the day fixed in the writ for the special
10 election or on the day as may be otherwise provided by the
11 statute, which day shall be not more than 60 days after the
12 issuance of the writ or after the happening of the vacancy, as
13 the case may be, notwithstanding any provisions in the statute
14 requiring the special election to be held on an earlier day. A
15 special election shall not be required in any case where the
16 election is not required under any statute now or hereafter
17 enacted.
18 PART VI
19 PARTIES AND POLITICAL BODIES
20 Chapter
21 17. Parties and Political Bodies
22 CHAPTER 17
23 PARTIES AND POLITICAL BODIES
24 Sec.
25 1701. Definition of parties and political bodies.
26 1702. Eligibility to hold party offices.
27 1703. Election of members of national or State committee and
28 party officers.
29 1704. Election of national committeemen.
30 1705. State committees.
19870H0884B0965 - 111 -
1 1706. County committees and other party officers.
2 1707. District committees.
3 1708. Selection of delegates to national conventions.
4 1709. Delegate and alternate delegate commitments.
5 § 1701. Definition of parties and political bodies.
6 (a) Parties within Commonwealth.--Any party or political
7 body, one of whose candidates at the general election next
8 preceding the primary polled in each of at least ten counties
9 not less than 2% of the largest entire vote cast in each of the
10 counties for any elected candidate and polled a total vote in
11 this Commonwealth equal to at least 2% of the largest entire
12 vote cast in the Commonwealth for any elected candidate, is
13 hereby declared to be a party within this Commonwealth and shall
14 nominate all its candidates for any of the offices provided for
15 in this title and shall elect its delegates and alternate
16 delegates to the national convention as party rules provide.
17 (b) Parties within counties.--Any party or political body,
18 one of whose candidates at either the general or municipal
19 election preceding the primary polled at least 5% of the largest
20 entire vote cast for any elected candidate in any county, is
21 hereby declared to be a party within that county and shall
22 nominate its candidates for office in the county and in all
23 political districts within that county, or of which that county
24 forms a part and shall elect such party officers as its rules
25 provide by a vote of the party electors in accordance with this
26 title.
27 (c) Political bodies.--Any political body which is not a
28 party, as defined in subsections (a) and (b), but which has
29 nominated candidates for general or municipal elections by
30 nomination papers as provided by this title shall be deemed to
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1 be a political body within the meaning of this title. A
2 political body shall not be entitled to nominate its candidates
3 or elect its party officers at primaries held under this title.
4 (d) Exceptions.--The terms "party" and "political body" do
5 not include any party, organization or political body composed
6 of electors whose purposes or aims, or one of whose purposes or
7 aims, is the establishment, control, conduct, seizure or
8 overthrow of the government of the Commonwealth or the United
9 States of America by the use or threat of force, violence or
10 military measures. If the number of registered and enrolled
11 members of the party in the electoral district is not sufficient
12 to permit the party to submit nomination petitions, the party
13 may apply to the officer with whom nomination papers would be
14 filed under section 1908(a) (relating to place and time of
15 filing petitions and filing fees) to permit the party to
16 circulate nomination papers under Chapter 21 (relating to
17 nomination of candidates by political bodies).
18 § 1702. Eligibility to hold party offices.
19 Any person who is not registered and enrolled as a member of
20 a party may not be elected or serve as a party officer, or a
21 member or officer of any party committee or a delegate or
22 alternate delegate to any party convention.
23 § 1703. Election of members of national or State committee and
24 party officers.
25 Where the rules of a party provide that the office of member
26 of the State committee or the office of member of the national
27 committee shall be filled by a vote of the party electors at a
28 primary, candidates for these offices who receive a plurality of
29 the votes of the party electors at a primary shall be the duly
30 elected members of the State or national committee, as the case
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1 may be, of their respective parties. Candidates for other party
2 offices, who receive a plurality of the votes of the party
3 electors at a primary, shall be the party officers of their
4 respective parties.
5 § 1704. Election of national committeemen.
6 National committeemen shall be elected and vacancies
7 occurring any time in that office shall be filled by the State
8 committee of the proper party, unless the rules of the national
9 party otherwise provide, in which case the committeemen shall be
10 elected and vacancies shall be filled in the manner provided by
11 the rules of the national party.
12 § 1705. State committees.
13 (a) Organization.--Each party shall be directed by a State
14 committee, to be chosen in such a manner and for such a term of
15 office as party rules may provide. Vacancies occurring at any
16 time in the office of member of the State committee shall be
17 filled according to the rules of the party. The members of the
18 State committee shall meet for organization not later than the
19 sixth Wednesday following their election, at such hour and place
20 as shall be designated by the State chairman of the party.
21 (b) Rules.--The State committee of each party may make such
22 rules for government of the party in this Commonwealth, not
23 inconsistent with law, as it may deem advisable and may also
24 revoke, alter or renew, in any manner not inconsistent with law,
25 any present or future rules of the party. No rules shall be
26 effective until the secretary of the party has certified and
27 forwarded a copy thereof to the office of the secretary for
28 filing in his office.
29 § 1706. County committees and other party officers.
30 (a) General rule.--There may be in each county a county
19870H0884B0965 - 114 -
1 committee for each party within the county, the members of which
2 shall be elected at the primary, or appointed, as the rules of
3 the respective parties within the county may provide.
4 (b) Rules.--The county committee of each party may make such
5 rules for the government of the party in the county, not
6 inconsistent with law or with the State rules of the party, as
7 it may deem advisable and may also revoke, alter or renew in any
8 manner, not inconsistent with law or with the State rules, any
9 present or future county rules of the party. No rules shall be
10 effective until the secretary of the county committee has
11 certified and forwarded a copy thereof to the office of the
12 proper commission for filing in its office.
13 (c) Election of other party officers.--The members of all
14 other party committees, and all other party officers whose
15 election is required by the party rules, shall also be elected
16 at the primary.
17 § 1707. District committees.
18 Whenever two or more members of a party are elected or
19 appointed, as the rules of the party may provide, as members of
20 a political committee to represent the members of the party in
21 the respective election districts, the members shall constitute
22 a political committee of the party to function within the
23 election district. When acting in the capacity of a political
24 committee, the elected or appointed member shall be subject to
25 the control, direction and supervision of the State political
26 committee of which they are members.
27 § 1708. Selection of delegates to national conventions.
28 Delegates and alternate delegates to a national convention of
29 a party shall be apportioned, selected or elected in such manner
30 as the rules of the party may provide. The secretary of any
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1 party shall certify and forward to the Secretary of the
2 Commonwealth a copy of the party rules at least 30 days prior to
3 the first day on which nomination petitions may be circulated
4 for the offices which are to be filled at the primaries in the
5 years in which candidates for the President of the United States
6 are to be nominated, or at such other times as a party shall
7 meet in national convention or conference when candidates for
8 the President of the United States are not to be nominated.
9 § 1709. Delegate and alternate delegate commitments.
10 (a) Commitments governed by party rules.--Whenever the rules
11 of a party provide that a candidate for delegate or alternate
12 delegate to a national convention of a political party may
13 pledge his support to a presidential candidate, any candidate
14 who pledges his support in the manner provided by the rules of
15 his party and by section 1907 (relating to statements of
16 delegates to national convention) shall be committed to support
17 and vote for the nomination of that candidate as president as
18 party rules provide.
19 (b) Authorization by the presidential candidate.--No
20 candidate for delegate or alternate delegate shall make a
21 commitment unless he has obtained prior authorization to do so
22 from the presidential candidate to whom he is pledging support.
23 No candidate for delegate or alternate delegate shall be allowed
24 to commit himself to any presidential candidate nor shall the
25 secretary cause any notation of commitment to be printed on any
26 ballot unless the presidential candidate forwards notice to the
27 secretary upon a form prescribed by the secretary that he is a
28 candidate for the nomination of President of the United States
29 and that he authorizes delegates and alternate delegates to
30 pledge their support and commit themselves to him. This notice
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1 must be received by the secretary at least 15 days prior to the
2 first day on which nomination petitions may be circulated for
3 the offices which are to be filled at the primaries in the years
4 in which candidates for the President of the United States are
5 to be nominated. Each presidential candidate who has filed the
6 notice pursuant to this subsection shall certify a list to the
7 secretary containing the names of all candidates for delegate or
8 alternate delegate which the presidential candidate has
9 authorized to be committed to his candidacy. No candidate for
10 delegate or alternate delegate whose name does not appear on the
11 presidential candidate's certified list shall be eligible to
12 have his name printed on the ballot as committed to that
13 presidential candidate, but the candidate for delegate or
14 alternate delegate may have his name printed on the ballot as
15 "uncommitted." The list submitted shall be in a form prescribed
16 by the secretary and shall be filed in his office no later than
17 the 14th Tuesday prior to the primary. No presidential candidate
18 may authorize more than three times the number of party
19 delegates eligible for election in this Commonwealth to run as
20 delegates committed to his candidacy, nor may he authorize more
21 than three times the number of party delegates eligible for
22 election in this Commonwealth to run as alternate delegates
23 committed to his candidacy.
24 (c) Nomination petitions for committed delegates.--
25 Nomination petitions for delegates committed to particular
26 presidential candidates shall be obtained only from the
27 presidential candidate or his duly authorized representative who
28 is certified by the secretary as being authorized by the
29 candidate to distribute nomination petitions bearing his name.
30 PART VII
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1 NOMINATION OF CANDIDATES
2 Chapter
3 19. Nomination of Party Candidates at Primaries
4 21. Nomination of Candidates by Political Bodies
5 23. Other Nominations
6 25. Examination of Nomination Documents and Certification of
7 Candidates
8 CHAPTER 19
9 NOMINATION OF PARTY CANDIDATES AT PRIMARIES
10 Sec.
11 1901. Candidates nominated and party officers elected at
12 primaries.
13 1902. Requirements for listing of candidates on primary
14 ballots.
15 1903. Circulation of nomination petitions.
16 1904. Form of nomination petitions and affidavits of
17 circulators.
18 1905. Number of signers required on nomination petitions.
19 1906. Affidavits of candidates.
20 1907. Statements of delegates to national convention.
21 1908. Place and time of filing petitions and filing fees.
22 1909. Withdrawal of candidates prior to primary.
23 1910. Casting of lots for ballot position in primary.
24 1911. Filling of vacancy caused by death of person named in
25 nomination petition.
26 1912. Nomination of presidential electors.
27 1913. Failure to comply with certain nomination requirements.
28 § 1901. Candidates nominated and party officers elected at
29 primaries.
30 All candidates of parties for the offices of United States
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1 senator, representative in Congress and for all other public
2 offices within this Commonwealth, except presidential electors,
3 shall be nominated, and party delegates and alternate delegates,
4 committeemen and officers who, under Chapter 17 (relating to
5 parties and political bodies) or under the party rules, are
6 required to be elected by the party electors, shall be elected
7 at primaries. In the years when candidates for President of the
8 United States are to be nominated, every registered and enrolled
9 member of a party shall have the opportunity at the primary to
10 vote his preference for one person to be the candidate of his
11 party for President.
12 § 1902. Requirements for listing of candidates on primary
13 ballots.
14 The names of candidates for nomination as President of the
15 United States, and the names of all other candidates for party
16 nominations and for election as delegates, alternate delegates,
17 members of committees and other party officers, shall be printed
18 upon the official primary ballots or ballot labels of a
19 designated party, upon the filing of separate nomination
20 petitions in their behalf, in the form determined by the
21 secretary signed by registered and enrolled members of the party
22 who are electors of this Commonwealth or of the political
23 district, as the case may be, within which the nomination is to
24 be made or election is to be held. The name of a candidate may
25 not be placed upon the official ballots or ballot labels of a
26 party to be used at any primary unless the petition has been
27 filed in his behalf. In no event may any person's name be
28 printed upon the official ballots or ballot labels of any party
29 for the office of delegate, alternate delegate, member of
30 committee or other party officer unless he is a registered and
19870H0884B0965 - 119 -
1 enrolled member of that party.
2 § 1903. Circulation of nomination petitions.
3 (a) Requirements regarding signatures.--Each signer of a
4 nomination petition shall sign but one petition for each office
5 to be filled, and shall declare that he is a registered and
6 enrolled member of the party designated in the petition, except
7 that where two or more persons are to be elected to the same
8 office, each signer may sign petitions for only as many
9 candidates for the office as he could vote for at the succeeding
10 election. Each signer shall also declare therein that he is an
11 elector of the county named and, in case the nomination is not
12 to be made or candidates are not to be elected by the electors
13 of this Commonwealth at large, of the political district therein
14 named in which the nomination is to be made or the election is
15 to be held. Each signer shall add his occupation and residence,
16 giving city, borough, incorporated town or township, with street
17 and number, if any, and shall add the date of signing, except
18 that if the political district named in the petition lies wholly
19 within any municipal corporation or is coextensive with any
20 municipal corporation, it shall not be necessary for any signer
21 of a nomination petition to state the municipal corporation of
22 his residence.
23 (b) Time of circulating.--No nomination petition shall be
24 circulated prior to the 13th Tuesday before the primary, and no
25 signature shall be counted unless it bears a date affixed not
26 earlier than the 13th Tuesday or later than the tenth Tuesday
27 prior to the primary.
28 § 1904. Form of nomination petitions and affidavits of
29 circulators.
30 (a) General rule.--The nomination petition may be on one or
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1 more sheets and different sheets must be used for signers
2 resident in different counties. If more than one sheet is used,
3 they shall be bound together when offered for filing if they are
4 intended to constitute one petition and each sheet shall be
5 numbered consecutively beginning with number one at the foot of
6 each page. In cases of petitions for delegate or alternate
7 delegate to national conventions, each sheet shall contain a
8 notation indicating the presidential candidate to whom he is
9 committed or the term "uncommitted."
10 (b) Affidavit of circulator.--Each sheet shall have appended
11 thereto the affidavit of the circulator of each sheet, setting
12 forth:
13 (1) That he is an elector registered and enrolled as a
14 member of the designated party of this Commonwealth or of the
15 political district, as the case may be, referred to in the
16 petition, unless the petition relates to the nomination of a
17 judicial candidate in which event the circulator need not be
18 a duly registered member of the designated party.
19 (2) His residence, giving city, borough incorporated
20 town or township, with street and number, if any.
21 (3) That the signers thereto signed with full knowledge
22 of the contents of the petition.
23 (4) That to the best of affiant's knowledge and belief
24 their respective residences are correctly stated therein.
25 (5) That to the best of the affiant's knowledge and
26 belief they all reside in the county named in the affidavit.
27 (6) That each signed on the date set opposite his name.
28 (7) That to the best of affiant's knowledge and belief
29 the signers are electors and registered and enrolled members
30 of the designated party of this Commonwealth or of the
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1 political district, as the case may be.
2 § 1905. Number of signers required on nomination petitions.
3 Candidates for nomination of offices as listed in this
4 section shall present a nominating petition containing at least
5 the following number of signatures of registered and enrolled
6 members of the proper party.
7 (1) President of the United States: 2,000.
8 (2) United States Senate: 2,000.
9 (3) Governor: 2,000 including at least 100 from each of
10 at least 10 counties.
11 (4) Lieutenant Governor: 1,000 including at least 100
12 from each of at least 5 counties.
13 (5) Treasurer: 1,000 including at least 100 from each of
14 at least 5 counties.
15 (6) Auditor General: 1,000 including at least 100 from
16 each of at least 5 counties.
17 (7) Attorney General: 1,000 including at least 100 from
18 each of at least 5 counties.
19 (8) Justice of the Supreme Court: 1,000 including at
20 least 100 from each of at least 5 counties.
21 (9) Judge of the Superior Court: 1,000 including at
22 least 100 from each of at least 5 counties.
23 (10) Judge of the Commonwealth Court: 1,000 including at
24 least 100 from each of at least 5 counties.
25 (11) For any other office to be filled by the vote of
26 the electors of this Commonwealth at large or for any other
27 party office to be elected by the electors of this
28 Commonwealth at large: 1,000 including at least 100 from each
29 of at least 5 counties.
30 (12) Representative in Congress: 1,000.
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1 (13) Senator in the General Assembly: 500.
2 (14) Representative in the General Assembly: 300
3 (15) Public or party offices to be filled by a vote of
4 the electors in counties of the first class at large: 1,000.
5 (16) Public or party offices to be filled by a vote of
6 the electors in counties of the second class at large: 500.
7 (17) Public or party offices to be filled by a vote of
8 the electors in cities of the first class at large: 1,000.
9 (18) Public or party offices to be filled by a vote of
10 the electors in counties of the second class A at large: 250.
11 (19) Public or party offices to be filled by a vote of
12 the electors in counties of the third class at large: 250.
13 (20) Public or party offices to be filled by a vote of
14 the electors in counties of the fourth class at large: 250.
15 (21) Public or party offices to be filled by a vote of
16 the electors in cities of the second class at large: 250.
17 (22) Public or party offices to be filled by a vote of
18 the electors in cities of the second class A at large: 100.
19 (23) Public or party offices to be billed by a vote of
20 the electors in cities of the third class at large: 100.
21 (24) Public or party offices to be filled by a vote of
22 the electors in counties of the fifth class at large: 100.
23 (25) Public or party offices to be filled by a vote of
24 the electors in counties of the sixth class at large: 100.
25 (26) Public or party offices to be filled by a vote of
26 the electors in counties of the seventh class at large: 100.
27 (27) Public or party offices to be filled by a vote of
28 the electors in counties of the eighth class at large: 100.
29 (28) Office of judge of any court of record other than a
30 Statewide court or a court in a county of the first or second
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1 class: 250.
2 (29) District delegate or alternate district delegate to
3 a national party convention: 250.
4 (30) Member of State committee: 100.
5 (31) Office of district council member in a city of the
6 first class: 750.
7 (32) Office of district justice: 100.
8 (33) Office of judge of election: 10.
9 (34) Inspector of elections: 5.
10 (35) All other public and party offices: 10.
11 § 1906. Affidavits of candidates.
12 (a) Contents of affidavit.--Each candidate for any
13 Commonwealth, political subdivision, election district or party
14 office or party delegate or alternate, or for the office of
15 United States senator or representative in Congress shall file
16 with his nomination petition his affidavit stating:
17 (1) His residence, with street and number, if any, and
18 his post office address.
19 (2) His election district, giving city, borough,
20 incorporated town or township.
21 (3) The name of the office for which he consents to be a
22 candidate.
23 (4) That he is eligible for such office.
24 (5) That he will not knowingly violate any provision of
25 this title, or of any law regulating and limiting nomination
26 and election expenses and prohibiting corrupt practices in
27 connection therewith.
28 (6) That he is aware of the provisions of section 2706
29 (relating to reporting by candidates, political committees
30 and other persons) requiring preelection and postelection
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1 reporting of campaign contributions and expenditures.
2 (7) Unless he is a candidate for judge of a court of
3 record, or for the office of school director in a district
4 where that office is elective or for the office of district
5 justice, that he is not a candidate for nomination for the
6 same office of any party other than the one designated in
7 such petition.
8 (8) If he is a candidate for a delegate or alternate
9 delegate, member of State committee, national committee or
10 party officer, that he is a registered and enrolled member of
11 the designated party.
12 (9) If he is a candidate for delegate or alternate
13 delegate the presidential candidate to whom he is committed,
14 or the term "uncommitted."
15 (10) If he is a candidate for delegate or alternate
16 delegate to national conventions, that his signature to the
17 delegate's statement, if the statement is signed by the
18 candidate pursuant to section 1907 (relating to statements of
19 delegates to national convention), was affixed to the sheet
20 or sheets of the petition prior to the circulation of the
21 petition.
22 (b) Candidate for President.--In case of a candidate for
23 nomination as President of the United States, it shall not be
24 necessary for the candidate to file the affidavit required in
25 this section to be filed by candidates, but the post office
26 address of the candidate shall be stated in the nomination
27 petition.
28 § 1907. Statements of delegates to national convention.
29 (a) General rule.--Each candidate for election as delegate
30 or alternate delegate to a national party convention may
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1 include, with his affidavit, the statement set forth in this
2 section, but his failure to include the statement shall not be a
3 valid ground for refusal by the secretary to receive and file
4 his nomination petition. The statement, if signed, shall be
5 signed on all the sheets of the petition, together with the date
6 of signing and shall be in substantially the following form:
7 Delegate's Statement
8 I hereby declare to the voters of my political party in
9 the (here insert "Commonwealth of Pennsylvania" if a
10 delegate or alternate delegate at large; otherwise,
11 insert "__________ District") that, if elected and in
12 attendance as a delegate to the national convention of
13 the party, I shall, with all fidelity, to the best of my
14 judgment and ability, in all matters coming before the
15 convention, support (here insert name of presidential
16 candidate) for President of the United States and shall
17 use all honorable means within my power to aid in
18 securing the nomination for such candidate for President.
19 ______________________________
20 (Signature of candidate)
21 ______________________________
22 (Date of signing)
23 (b) Designation on primary ballot.--On the ballot or ballot
24 labels used in any primary in which delegates are to be elected
25 to a national convention at which a candidate for President of
26 the United States is to be nominated, after or under the name of
27 each candidate for delegate or alternate delegate to a national
28 party convention, shall appear the words "committed to (here
29 insert name of presidential candidate)" or "uncommitted"
30 according to whether the candidate included, or failed to
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1 include, the statement in subsection (a) with his affidavit.
2 § 1908. Place and time of filing petitions and filing fees.
3 (a) Place of filing.--Nomination petitions in the case of
4 candidates for the office of President of the United States,
5 United States senator, representative in Congress and for all
6 State offices, including senators, representatives and judges of
7 courts of record, for the office of delegate or alternate
8 delegate to national party convention, and for the office of a
9 member of a State or national committee, shall be filed with the
10 secretary. Nomination petitions in all other cases shall be
11 filed with the commissions of the respective counties.
12 Nomination petitions for candidates for any office to be voted
13 for by the electors of any political subdivision or ward which
14 is situate in two or more counties shall be filed with the
15 commission of the county in which the largest number of the
16 electors of the political subdivision or ward reside.
17 Immediately after the last day for candidates to withdraw and
18 after they have cast lots for their position on the ballots or
19 ballot labels, the commission shall certify to the commission of
20 each other county involved a list of the names, addresses and
21 occupations of the candidates so filing nomination petitions for
22 each party, together with the order in which their names are to
23 appear upon the primary ballots or ballot labels. The other
24 commission shall prepare the primary ballots or ballot labels to
25 be used in the portion of the political subdivision or ward
26 situate in the county accordingly.
27 (b) Filing fees.--Each person filing any nomination petition
28 shall pay, for each petition at the time of filing, a filing
29 fee, unless the petition is accompanied by an affidavit in the
30 form determined by the secretary that he is unable to pay the
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1 filing fee on account of his indigency. Unless accompanied by
2 such an affidavit, the nomination petition shall not be accepted
3 or filed, unless and until the filing fee is paid by a certified
4 check or money order or, when filed with the commission, by
5 cash. Filing fees shall not be refunded in the event of the
6 withdrawal of the candidate or for any other cause. All moneys
7 paid on account of filing fees shall be transmitted by the
8 commission to the county treasurer and shall become part of the
9 general fund. Certified checks or money orders in payment of
10 filing fees shall be made payable to the Commonwealth of
11 Pennsylvania or to the county, as the case may be, and shall be
12 transmitted to the State Treasurer or to the county treasurer
13 and shall become part of the general fund. The amount of the
14 filing fee for the respective offices shall be as follows:
15 (1) Office of President of the United States or for any
16 public office to be filled by the electors of this
17 Commonwealth at large, $200.
18 (2) Office of Representative in Congress, $200.
19 (3) Office of judge of a court of record, except judges
20 to be voted for by the electors of this Commonwealth at
21 large, $100.
22 (4) Office of Senator or Representative in the General
23 Assembly, any public or party office to be filled by the
24 electors of an entire county, the office of district
25 councilman in a city of the first class or any public or
26 party office to be filled by the electors of an entire city
27 other than school district offices, $100.
28 (5) Public office of any borough, incorporated town or
29 township of the first class, not otherwise provided for, $5.
30 (6) Office of delegate or alternate delegate to national
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1 party convention or member of national committee or member of
2 State committee, $25.
3 (7) Office of constable, $10.
4 (8) Office of district justice, $50.
5 (9) Office in a township of the second class; party
6 office, except as otherwise provided for in this section;
7 judge of election; inspector of election; or any public
8 office for which no compensation is provided by law, no fee.
9 (c) Time for filing.--All nomination petitions shall be
10 filed on or before the tenth Tuesday prior to the primary.
11 Petitions to be filed in the office of the secretary shall be
12 received in that office not later than 5 p.m. on the last day
13 for filing petitions, and all petitions to be filed with any
14 commission shall be received in that office not later than the
15 ordinary closing hour of that office on the last day for filing
16 petitions.
17 (d) Receipts.--The office in which a nomination petition is
18 filed shall issue to the person filing the nomination petition a
19 receipt containing the date and time of filing, the name of the
20 candidate and the office for which he is a candidate.
21 (e) Campaign finance forms and statements.--Each person
22 filing any nomination petition for public office shall be given
23 a statement in a form determined by the secretary setting forth
24 his duties under law to file preelection and postelection
25 campaign finance reports and the penalties for failure to comply
26 therewith. Each person filing shall also be given a form to file
27 expenses if the amount received or expended or liabilities
28 incurred exceeds the sum of $250, and a form containing a sworn
29 statement that the amount received or expended or liabilities
30 incurred do not exceed the sum of $250, with written
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1 instructions prepared by the secretary. Within three weeks after
2 the candidate has filed his nomination petition, the secretary
3 or the commission shall mail the same forms and instructions to
4 the candidate by first class mail.
5 § 1909. Withdrawal of candidates prior to primary.
6 Any candidate for nomination or election at any primary may
7 withdraw his name as a candidate by a request in writing, signed
8 by him and acknowledged before an officer empowered to
9 administer oaths, and filed in the office in which his
10 nomination petition was filed. The withdrawals, to be effective,
11 must be received in the office of the secretary not later than 5
12 p.m. on the 15th day next succeeding the last day for filing
13 nomination petitions in that office, and in the office of any
14 commission not later than the ordinary closing hour of the
15 office on the 15th day next succeeding the last day for filing
16 nomination petitions in that office. No name so withdrawn shall
17 be printed on the ballot or ballot labels. No candidate may
18 withdraw any withdrawal notice already received and filed, and
19 thereby reinstate his nomination petition.
20 § 1910. Casting of lots for ballot position in primary.
21 (a) General rule.--Immediately after the last day fixed for
22 filing of the nomination petitions with them, the secretary or
23 the commission, as the case may be, shall fix a day for the
24 casting of lots, in such manner as may be prescribed by the
25 secretary or commission, as the case may be, for the position of
26 names upon the primary ballots or ballot labels. The secretary
27 shall give at least two days' notice by mail of the date to all
28 candidates whose petitions have been filed in his office, and
29 the commission shall give at least two days' notice of the date
30 by posting in a conspicuous place in its office and by
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1 publication once in at least two newspapers of general
2 circulation published in the county. All candidates may appear
3 in person or by agent authorized by letter of attorney, signed
4 and acknowledged by an officer empowered to take
5 acknowledgments. In the event a candidate is not present in
6 person or by representative at the time of casting of lots, the
7 secretary or the commission shall appoint some person to
8 represent the absentee. After the lots are cast, the secretary
9 or the commission shall accordingly establish the order in which
10 the names of the candidates are to appear upon the primary
11 ballots or ballot labels, and certify the names for placing upon
12 the official primary ballots or ballot labels.
13 (b) Presidential primary.--For primaries in years in which
14 candidates for President of the United States are nominated, if
15 party rules provide that candidates for delegate and alternate
16 delegate to the national convention of the party may pledge
17 their support to a presidential candidate, the ballot position
18 of candidates for delegate and alternate delegate shall be
19 determined as follows:
20 (1) Lots shall be cast for the presidential candidates
21 who have filed a declaration of candidacy with the secretary,
22 and for "no preference" if a request therefor under section
23 3132(c) (relating to arrangement of ballots and ballot labels
24 at primaries) has been filed, to determine ballot position
25 for the vote for presidential preference.
26 (2) Lots shall be cast to determine the ballot position
27 of the candidates for delegate who have not pledged support
28 to a presidential candidate under section 1907 (relating to
29 statements of delegates to national convention). Those
30 candidates shall have priority of ballot position over all
19870H0884B0965 - 131 -
1 other candidates for delegate.
2 (3) Each candidate for delegate who has pledged support
3 to a presidential candidate under section 1907 shall have
4 ballot position in accordance with the presidential candidate
5 to whom he has pledged his support, in the order determined
6 under paragraph (1). Lots shall be cast to determine the
7 ballot position of candidates who have pledged support to the
8 same presidential candidate.
9 (4) The ballot position for candidates for alternate
10 delegate shall be determined in the manner set forth in
11 paragraphs (2) and (3).
12 Where party rules provide that delegates and alternate delegates
13 are to be apportioned by political districts, lots shall be cast
14 separately for each district. For purposes of this subsection,
15 ballot position means the position of the names of candidates on
16 the primary ballots or ballot labels.
17 § 1911. Filling of vacancy caused by death of person named in
18 nomination petition.
19 If a nomination petition has been filed for any primary and
20 before the day of the primary the candidate named in the
21 petition dies, the original signers of the petition, or the
22 majority of them, may sign another petition proposing a new
23 candidate for the office at any time prior to the printing of
24 the ballots or ballot labels. The petition shall have the same
25 effect as the original petition and the name of the candidate so
26 nominated shall be substituted for that of the deceased
27 candidate.
28 § 1912. Nomination of presidential electors.
29 The nominee of each party for the office of President of the
30 United States shall, within 30 days after nomination by the
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1 national convention of the party, nominate as many persons to be
2 the candidates of his party for the office of presidential
3 elector as the Commonwealth is then entitled to. If for any
4 reason the nominee of a party for President of the United States
5 fails to make these nominations within the time provided, then
6 the nominee for the party for the office of Vice President of
7 the United States shall, as soon as possible after the
8 expiration of 30 days, make the nominations. The names of the
9 nominees, with their residences and post office addresses, shall
10 be certified immediately to the secretary by the nominee for the
11 office of President or Vice President, as the case may be,
12 making the nominations. Vacancies existing after the date of
13 nomination of presidential electors shall be filled by the
14 nominee for the office of President or Vice President making the
15 original nomination. Nominations made to fill vacancies shall be
16 certified to the secretary in the manner provided for in the
17 case of original nominations.
18 § 1913. Failure to comply with certain nomination requirements.
19 Every person nominated at any primary as the candidate of a
20 party for an office, other than a borough, incorporated town,
21 township or school district office or the office of district
22 justice or constable, who has not paid the filing fee or filed
23 the affidavit of indigency required by section 1908(b) (relating
24 to place and time of filing petitions and filing fees), for the
25 filing of a nomination petition for the office, and every person
26 nominated at any primary who has not filed the loyalty oath
27 required by section 14 of the act of December 22, 1951
28 (P.L.1726, No.463), known as the Pennsylvania Loyalty Act, shall
29 comply with these requirements at least 85 days previous to the
30 day of the November election at which the candidate's name would
19870H0884B0965 - 133 -
1 appear on the ballot. Failure to do so within the time
2 prescribed shall result in a vacancy in the party nomination.
3 The vacancy shall be filled in the manner provided in section
4 2321 (relating to substituted nominations by parties).
5 CHAPTER 21
6 NOMINATION OF CANDIDATES BY POLITICAL BODIES
7 Sec.
8 2101. Nomination papers.
9 2102. Limitations on eligibility of candidates.
10 2103. Circulation of nomination papers.
11 2104. Content and form of nomination papers.
12 2105. Affidavits of candidates.
13 2106. Place and time of filing nomination papers.
14 2107. Filing of nomination papers.
15 § 2101. Nomination papers.
16 Political bodies may nominate candidates for any public
17 office by nomination papers signed by electors of this
18 Commonwealth or of the electoral district or districts for which
19 the nomination is made and filed in the manner provided in this
20 title. The nomination papers shall be in the form determined by
21 the secretary. More than one candidate may be nominated by one
22 nomination paper and candidates for more than one office may be
23 nominated by one nomination paper. A political body may not
24 nominate more candidates than there are offices to be voted for
25 at the ensuing election.
26 § 2102. Limitations on eligibility of candidates.
27 (a) General rule.--No person who is a registered and
28 enrolled member of a party during any period of time beginning
29 30 days before the primary and extending through the general or
30 municipal election of that same year or whose name has been
19870H0884B0965 - 134 -
1 presented as a candidate by nomination petitions for any public
2 office to be voted for at the primary shall be eligible to be
3 the candidate of a political body in a general or municipal
4 election held that same year. No person who has been nominated
5 by nomination papers may be nominated by any party or political
6 body for the same office or for any other office to be elected
7 in the general or municipal election to be held that same year.
8 No person who is a registered and enrolled member of a party
9 shall be eligible to be the candidate of a political body for a
10 special election or for an election held pursuant to section
11 2313 (relating to nominations to fill certain vacancies).
12 (b) Number of signatures.--In the case of nominations for
13 any office to be filled by the electors of this Commonwealth at
14 large, the candidate shall not appear on the ballot for election
15 to office unless the number of electors of this Commonwealth
16 signing the nomination paper for his candidacy is at least 2% of
17 the largest entire vote cast for any elected candidate in this
18 Commonwealth at large at the last preceding election at which
19 candidates were voted for any office to be filled by the
20 electors of this Commonwealth at large. In the case of all other
21 nominations, the required number of electors of the electoral
22 district signing the nomination papers shall be 2% of the
23 largest entire vote cast for any officer, except a judge of a
24 court of record, elected at the last preceding election in the
25 electoral district for which the nomination papers are to be
26 filed, but not less than the number of signers required for
27 nomination petitions for party candidates for the same office.
28 In cases where a new electoral district has been created, the
29 required number of electors signing nomination papers for
30 candidates to be elected at the first election held after the
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1 creation of such district shall be 2% of the largest vote cast
2 in the several election districts included in the new district
3 for any officer elected in the last preceding election.
4 § 2103. Circulation of nomination papers.
5 (a) Requirements regarding signatures.--Each signer of a
6 nomination paper shall declare that he is an elector of this
7 Commonwealth or district, state his occupation and residence,
8 giving political subdivision, with street and number and shall
9 also add the date of signing, except that if the political
10 district named in the papers lies wholly within any political
11 subdivision or is coextensive with a political subdivision, a
12 signer shall not be required to state the political subdivision
13 of his residence. No elector shall sign more than one nomination
14 paper for each office to be filled, unless there are two or more
15 persons to be elected to the same office, in which case he may
16 sign nomination papers for as many candidates for the office as
17 he could vote for at the next November election. All signers on
18 each nomination paper must be qualified to vote for all the
19 candidates nominated therein.
20 (b) Time papers may be circulated.--No nomination paper
21 shall be circulated prior to the tenth Wednesday prior to the
22 primary and no signature shall be counted unless it bears a date
23 affixed not earlier than the tenth Wednesday prior to the
24 primary nor later than August 1.
25 § 2104. Content and form of nomination papers.
26 (a) Content of nomination papers.--All nomination papers
27 shall specify:
28 (1) The name of the political body which the candidates
29 nominated thereby represent, expressed in not more than three
30 words.
19870H0884B0965 - 136 -
1 (2) In the case of electors for President and Vice
2 President of the United States, the names of the candidates
3 for President and Vice President of the political body.
4 (3) The name of each candidate nominated therein.
5 (4) The candidate's profession, business or occupation.
6 (5) His place of residence.
7 (6) The office for which the candidate is nominated.
8 (7) The names and addresses of the committee, not to be
9 less than three nor more than five persons, authorized to
10 fill vacancies.
11 (b) Form of nomination papers.--Nomination papers may be on
12 one or more sheets and different sheets must be used for signers
13 resident in different counties. If more than one sheet is used,
14 they shall be bound together when offered for filing if they are
15 intended to constitute one nomination paper, and each sheet
16 shall be numbered consecutively, beginning with number one at
17 the foot of each page. Each sheet shall have appended thereto
18 the affidavit of a person, not necessarily a signer and not
19 necessarily the same person on each sheet, setting forth:
20 (1) That the affiant is an elector of this Commonwealth
21 or of the electoral district, as the case may be, referred to
22 in the nomination paper.
23 (2) His place of residence, giving city, borough,
24 incorporated town or township.
25 (3) That the signers signed thereto with full knowledge
26 of the contents of the nomination paper.
27 (4) That to the best of affiant's knowledge and belief
28 their respective residences are correctly stated therein.
29 (5) That to the best of affiant's knowledge and belief
30 they all reside in the county named in the affidavit.
19870H0884B0965 - 137 -
1 (6) That each signed on the date set opposite his name.
2 (7) That to the best of affiant's knowledge and belief
3 the signers are qualified electors of this Commonwealth or of
4 the electoral district, as the case may be.
5 (c) Restriction on name used by political body.--No words
6 may be used in any nomination paper to designate the name of the
7 political body represented by the candidates named in the
8 nomination paper which are identical with or deceptively similar
9 to the words used for a like purpose by any existing party as
10 defined by section 1701 (relating to definition of parties and
11 political bodies), or which contain part of the name or an
12 abbreviation of the name or part of the name of any existing
13 party. No words may be used in any nomination paper to designate
14 the name of the political body represented by the candidate's
15 name in the nomination paper which are identical with or
16 deceptively similar to the words used for a like purpose by any
17 political body which has already filed nomination papers for the
18 same office nor which contain part of the name or an
19 abbreviation of the name or part of the name of a political body
20 which has already filed nomination papers for the same office.
21 Any petition to set aside a nomination paper on account of the
22 name used or involving the right of the signers to use the name
23 shall be decided in the same manner as a petition to set aside
24 nomination papers.
25 § 2105. Affidavits of candidates.
26 There shall be appended to each nomination paper offered for
27 filing an affidavit of each candidate nominated therein,
28 stating:
29 (1) The election district in which he resides.
30 (2) The name of the office for which he consents to be a
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1 candidate.
2 (3) That he is eligible for the office.
3 (4) That he will not knowingly violate any provision of
4 this title or of any statute regulating and limiting election
5 expenses and prohibiting corrupt practices in connection
6 therewith.
7 (5) That his name has not been presented as a candidate
8 by nomination petitions for any public office to be voted for
9 at the primary nor has he been nominated by any other
10 nomination papers filed for any such office.
11 (6) That in the case where he is a candidate for
12 election at a general or municipal election, he was not a
13 registered and enrolled member of a party 30 days before the
14 primary held prior to the general or municipal election in
15 that same year.
16 (7) That in the case where he is a candidate for
17 election at a special election or an election held pursuant
18 to section 2313 (relating to nominations to fill certain
19 vacancies), he is not a registered or enrolled member of a
20 party.
21 § 2106. Place and time of filing nomination papers.
22 (a) Place for filing nomination papers.--Nomination papers
23 for candidates for presidential electors, United States
24 senators, representatives in Congress, and Commonwealth offices,
25 including senators, representatives and judges of courts of
26 record, shall be filed with the secretary. Nomination papers for
27 all other candidates shall be filed with the commissions of the
28 respective counties. Nomination papers for candidates for any
29 office to be voted for by the electors of any political
30 subdivision or ward which is situate in two or more counties
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1 shall be filed with the commission of the county in which the
2 largest number of the registered electors of the political
3 subdivision or ward reside. Immediately after the last day for
4 the withdrawal of candidates nominated by nomination papers, the
5 commission shall certify to the commission of each other county
6 involved a list of the names, addresses and occupations of the
7 candidates so nominated to be voted for in two or more counties,
8 together with the names of the political bodies nominating them.
9 (b) Time papers must be filed.--All nomination papers must
10 be filed on or before August 1.
11 § 2107. Filing of nomination papers.
12 (a) Receipt.--The office in which a nomination paper is
13 filed shall issue to the person filing the nomination paper a
14 receipt containing the date and time of filing, the name of the
15 candidate and the office for which he is a candidate.
16 (b) Filing fee.--The same filing fee shall be paid for each
17 candidate nominated by a nomination paper as required in section
18 1908 (relating to place and time of filing petitions and filing
19 fees) for the filing of nomination petitions by candidates for
20 nomination to the same office unless accompanied by an affidavit
21 of indigency under section 1908(b). Except with respect to
22 candidates filing such an affidavit, each nomination paper
23 nominating a candidate or a group of candidates for office shall
24 be accompanied by a certified check or money order drawn in the
25 proper amount to cover the filing fees for each candidate
26 nominated therein, but not less than the sum of $5, and payable
27 to the Commonwealth of Pennsylvania or to the county, as the
28 case may be. All fees so received by the secretary or the
29 commission shall be transmitted to the State Treasurer or to the
30 county treasurer, as the case may be, and shall become part of
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1 the general fund.
2 (c) Notice of financial disclosure requirements.--Each
3 person filing any nomination paper as a candidate for public
4 office shall be given a statement, in a form determined by the
5 secretary, setting forth his duties under law to file
6 preelection and postelection campaign finance reports and the
7 penalties for failure to comply therewith. Each person filing
8 shall also be given a form to file expenses if the amount
9 received or expended or liabilities incurred exceeds the sum of
10 $250, and a form containing a sworn statement that the amount
11 received or expended or liabilities incurred do not exceed the
12 sum of $250, with written instructions prepared by the
13 secretary. Within three weeks after a candidate has filed his
14 nomination petition, the secretary or the commission shall mail
15 the same forms and instructions to such candidate by first class
16 mail.
17 CHAPTER 23
18 OTHER NOMINATIONS
19 Subchapter
20 A. General Provisions
21 B. Nominations to Fill Vacancies in Office
22 C. Substituted Nominations
23 SUBCHAPTER A
24 GENERAL PROVISIONS
25 Sec.
26 2301. Withdrawal of nominated candidates.
27 2302. Revocation of candidacy for judicial retention.
28 2303. Withdrawal by order of court.
29 2304. Form of nomination certificates.
30 § 2301. Withdrawal of nominated candidates.
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1 (a) General or municipal elections.--Any person who has been
2 nominated by any party or political body as a candidate for the
3 office of presidential elector, United States senator or
4 representative in Congress or for any State office, including
5 that of senator, representative and judge of court of record,
6 may withdraw his name from nomination by request in writing,
7 signed by him under oath and filed with the secretary. Any
8 person who has been similarly nominated as a candidate for any
9 other office may withdraw his name from nomination by similar
10 request, filed with the commission of the proper county. The
11 withdrawals shall be filed with the secretary or the commission,
12 as the case may be, at least 85 days previous to the day of the
13 general or municipal election. In the case of a nominee of a
14 party, the withdrawals to be effective must be received in the
15 office of the secretary not later than 5 p.m. on the last day
16 for filing, and in the office of the commission not later than
17 its ordinary closing hour on the last day for filing. In the
18 case of a nominee of a political body, withdrawals shall be
19 filed not later than seven days after the last day for filing
20 nomination papers. No name so withdrawn shall be printed upon
21 the ballot or ballot labels. No candidate may withdraw any
22 withdrawal notice already received and filed and thereby
23 reinstate his nomination.
24 (b) Special elections.--Any person who has been nominated by
25 any party or political body as a candidate in a special election
26 may withdraw his name from nomination by filing his withdrawal
27 as provided in subsection (a) no more than seven days after the
28 last day for filing nomination certificates or papers; however,
29 in the case of a nomination pursuant to section 2313 (relating
30 to nominations to fill certain vacancies) such withdrawal shall
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1 be filed no more than three days after the last day for filing
2 nomination certificates or papers.
3 § 2302. Revocation of candidacy for judicial retention.
4 If a justice or a judge filed a declaration of candidacy for
5 retention under the provisions of section 15 of Article V of the
6 Constitution of Pennsylvania, but on or before the 13th Tuesday
7 preceding the primary revoked the declaration by notifying the
8 secretary in writing of the revocation, the secretary shall
9 include the office in his certification under section 3103
10 (relating to notices regarding offices for nomination). In the
11 event a justice or a judge filed such a declaration, but after
12 the 13th Tuesday preceding the primary and prior to 60 days
13 preceding the municipal election revoked the declaration by
14 notifying the secretary in writing, nominations to fill the
15 vacancy shall be made in accordance with section 2313 (relating
16 to nominations to fill certain vacancies).
17 § 2303. Withdrawal by order of court.
18 Upon petition to the court of common pleas, or the
19 Commonwealth Court when a court of common pleas is without
20 jurisdiction, by a candidate for nomination or election or, in
21 the case of the death of the candidate, by the treasurer of his
22 political committee, the court shall order the withdrawal of the
23 candidate's name for nomination or election, except upon a
24 showing of special circumstances.
25 § 2304. Form of nomination certificates.
26 (a) Parties.--Every nomination certificate for a special
27 election for a vacancy in office under Subchapter B (relating to
28 nominations to fill vacancies in office) or for a substitute
29 nomination under Subchapter C (relating to substituted
30 nominations), filed by a candidate of a party, shall be in the
19870H0884B0965 - 143 -
1 form prescribed by the secretary and shall set forth under the
2 oaths of the presiding officer and secretary the following:
3 (1) The office and district, if any, for which it is
4 filed.
5 (2) The cause of the vacancy.
6 (3) The rules of the party, setting forth the provisions
7 applicable to the nomination of a candidate to fill the
8 vacancy or to a substituted nomination, as the case may be.
9 (4) A statement that a quorum of the committee, caucus
10 or convention as provided by the party rules, was convened
11 and the names of those present or their proxies; and that
12 they are appointed or elected members of the committee,
13 caucus or convention.
14 (5) The name, residence and occupation of the candidate
15 nominated at the meeting.
16 (b) Political bodies.--Every nomination certificate filed by
17 a candidate of a political body shall be in the form prescribed
18 by the secretary and shall set forth, under the oaths of two
19 members of the committee authorized by the original nomination
20 papers to fill vacancies, the following:
21 (1) The office and district, if any, for which it is
22 filed.
23 (2) The cause of the vacancy.
24 (3) The manner of appointment of the committee; the
25 source of the committee's authority to fill the vacancy; the
26 names of all members thereof; and the committee's action with
27 respect to the vacancy.
28 (4) The name, residence and occupation of the candidate
29 nominated.
30 SUBCHAPTER B
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1 NOMINATIONS TO FILL VACANCIES IN OFFICE
2 Sec.
3 2311. Special elections.
4 2312. Counties undergoing a change in classification.
5 2313. Nominations to fill certain vacancies.
6 § 2311. Special elections.
7 Candidates to fill vacancies in the offices of United States
8 senator, representative in Congress, senator and representative
9 in the General Assembly and member of the legislative body of
10 any municipal corporation shall be nominated by parties in
11 accordance with party rules by means of nomination certificates
12 in the form prescribed by section 2304 (relating to form of
13 nomination certificates) and by political bodies by means of
14 nomination papers in accordance with Chapter 21 (relating to
15 nomination of candidates by political bodies). The nomination
16 certificates and nomination papers for the office of United
17 States senator, representative in Congress and senator and
18 representative in the General Assembly shall be filed in the
19 office of the secretary not later than 50 days prior to the date
20 of the special election and, for the office of member of the
21 council or legislative body of a municipal corporation, in the
22 office of the commission of the county wherein the municipal
23 corporation is situate not later than 15 days after the issuance
24 of the writ of election. Each party shall be entitled to
25 nominate and to file nomination certificates for as many
26 candidates as will be voted for at the special election.
27 § 2312. Counties undergoing a change in classification.
28 In the case of counties undergoing a change in
29 classification, when the commission has ascertained all offices
30 to be filled at the ensuing municipal election under section
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1 3102 (relating to ascertainment of offices for which candidates
2 are to be nominated), it shall proceed, as provided in this
3 chapter, if it is still possible to secure nominations for the
4 offices in accordance with this chapter at the primary election.
5 If notice of an impending change in classification does not come
6 to the commission in time for it to ascertain the county offices
7 for the primary, then all candidates who have been or are
8 nominated for county offices shall, in all cases where the
9 offices for which they are nominated are the same under the
10 county's present classification and under its new
11 classification, be the candidates for those offices, except for
12 deaths or withdrawals. No office which is not established by
13 statute for the impending classification shall be deemed to be
14 established by this section. Any nomination, either for joint
15 county offices or for any separate county office, when the
16 offices or office will become either partly or wholly separate,
17 or will become joint with one or more presently separate county
18 office, upon the ensuing first Monday of January, shall not be
19 construed as a nomination for any of the offices, but any person
20 who is a nominee may be nominated for any new office or offices
21 ascertained. All offices ascertained, which are to be filled at
22 the municipal election in anticipation of the new classification
23 and for which nominations have not been made under this section,
24 may have candidates nominated for them as if vacancies had
25 occurred as to the candidates for the offices and as if they
26 were substituted nominations, in accordance with the procedure,
27 insofar as it is applicable, provided by sections 2321 (relating
28 to substituted nominations by parties), 2322 (relating to
29 substituted nominations by political bodies) and 2323 (relating
30 to time for filing substituted nomination certificates), except
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1 that the cause of vacancy set out in the nomination certificates
2 shall be that the office was not ascertained for nominations in
3 time for the regular procedures established by this chapter.
4 Upon the ascertainment of the offices to be filled at the
5 ensuing municipal election, if any candidates have been or will
6 be nominated for offices which are to be abolished as a result
7 of the impending change in classification, the commission shall
8 not list that office and nomination thereto on the ballots or
9 ballot labels.
10 § 2313. Nominations to fill certain vacancies.
11 (a) General rule.--If a vacancy occurs for any cause in a
12 public office, including that of judge of a court of record, and
13 the vacancy is required by law to be filled at the ensuing
14 election but at a time when nominations for the office cannot be
15 made under any other provision of this title, nominations to
16 fill the vacancies shall be made by parties in accordance with
17 party rules relating to the filling of vacancies, by means of
18 nomination certificates in the form prescribed in section 2304
19 (relating to form of nomination certificates), and by political
20 bodies, by means of nomination papers in accordance with
21 sections 1908(b) (relating to place and time of filing petitions
22 and filing fees), 2101 (relating to nomination papers), 2104
23 (relating to content and form of nomination papers) and 2107(c)
24 (relating to filing of nomination papers). No nomination
25 certificate or nomination paper may nominate any person who has
26 already been nominated by any party or by any other political
27 body for any office to be filled at the ensuing election, unless
28 the person is a candidate for the office of judge of a court of
29 record or the office of school director in districts where that
30 office is elective or for the office of district justice. The
19870H0884B0965 - 147 -
1 nomination certificates and nomination papers for State public
2 offices and judges of courts of record shall be filed in the
3 office of the secretary at least 50 days prior to the ensuing
4 November election. Nomination certificates and nomination papers
5 for public offices in political subdivisions or wards and for
6 the office of district justice shall be filed in the office of
7 the commission at least 50 days prior to a municipal election.
8 (b) Limitation of applicability.--This section does not
9 apply to:
10 (1) Public offices for which a method is provided in this
11 title for the holding of special elections to fill vacancies,
12 or to the filling of vacancies in the office of presidential
13 electors in accordance with section 1912 (relating to
14 nomination of presidential electors).
15 (2) Public offices for which a vacancy is required by
16 law to be filled at the next election appropriate to the
17 office if the vacancy occurs within two calendar months
18 immediately preceding a general or municipal election.
19 SUBCHAPTER C
20 SUBSTITUTED NOMINATIONS
21 Sec.
22 2321. Substituted nominations by parties.
23 2322. Substituted nominations by political bodies.
24 2323. Time for filing substituted nomination certificates.
25 § 2321. Substituted nominations by parties.
26 Any vacancy occurring after the date of the primary in any
27 party nomination, by reason of the death or withdrawal of a
28 candidate after nomination, or by reason of the death before or
29 on the day of the primary of a candidate for nomination who had
30 received a plurality of votes of his party for the office for
19870H0884B0965 - 148 -
1 which he sought nomination, or any vacancy occurring as a result
2 of section 1913 (relating to failure to comply with certain
3 nomination requirements), or any vacancy occurring in a party
4 nomination made in accordance with section 2311 (relating to
5 special elections) or 2313 (relating to nominations to fill
6 certain vacancies), may be filled by a substituted nomination
7 made by the committee as is authorized by the rules of the party
8 to make nominations in the event of vacancies on the party
9 ticket. No substituted nomination may be made in favor of a
10 person who has been nominated by any other party or political
11 body for the same office unless he is a candidate for nomination
12 pursuant to section 2313 for the office of judge of a court of
13 record, school director in districts where that office is
14 elective or district justice.
15 § 2322. Substituted nominations by political bodies.
16 In case of the death or withdrawal of any candidate nominated
17 by any political body by nomination papers, the committee named
18 in the original nomination papers may nominate a substitute in
19 his place by filing in the proper office a substituted
20 nomination certificate. If the vacancy was caused by the death
21 of any candidate, the nomination certificate shall be
22 accompanied by a death certificate properly certified. No
23 substituted nomination shall be made in favor of any person who
24 was a candidate for nomination by any party, or who has already
25 been nominated by any other political body for any office to be
26 filled at the ensuing November or special election, unless he is
27 a candidate for nomination pursuant to section 2313 (relating to
28 nominations to fill certain vacancies) for the office of judge
29 of a court of record, school director in districts where that
30 office is elective or district justice.
19870H0884B0965 - 149 -
1 § 2323. Time for filing substituted nomination certificates.
2 (a) Withdrawal of nominated candidates.--Any substituted
3 nomination certificate to fill a vacancy caused by withdrawal of
4 a candidate nominated at a primary or by nomination papers shall
5 be filed with the secretary or the proper commission at least 75
6 days before the day of the general or municipal election. No
7 substituted nomination certificate by a political body may be
8 filed until after the primary.
9 (b) Death of nominated candidates.--Any substituted
10 nomination certificate to fill a vacancy caused by the death of
11 a candidate nominated at a primary or by nomination papers may
12 be filed with the secretary or the proper commission so long as,
13 in their judgment, time permits the correction of the ballots or
14 ballot labels accordingly.
15 (c) Vacancies in nominations for certain vacancies.--Any
16 substituted nomination certificate to fill a vacancy caused by
17 the withdrawal or death of a candidate nominated for a November
18 election in accordance with section 2313 (relating to
19 nominations to fill certain vacancies) shall be filed with the
20 secretary or the proper commission. In the case of a vacancy
21 caused by the withdrawal of a candidate, the certificate shall
22 be filed not later than seven days after the last day for filing
23 the original nomination certificates or papers. In the case of a
24 vacancy caused by the death of a candidate, the certificate
25 shall be filed at any time prior to the day on which the
26 printing of ballots is started.
27 (d) Vacancies in nominations for special elections.--Any
28 substituted nomination certificate to fill a vacancy caused by
29 the withdrawal of a candidate nominated for a special election
30 shall be filed with the secretary or the proper commission not
19870H0884B0965 - 150 -
1 later than seven days after the last day for filing the original
2 nomination certificate or paper. Any substituted nomination
3 certificate to fill a vacancy caused by the death of a candidate
4 nominated for a special election may be filed with the secretary
5 or the proper commission so long as, in their judgment, time
6 permits the correction of the ballots or ballot labels
7 accordingly.
8 CHAPTER 25
9 EXAMINATION OF NOMINATION DOCUMENTS AND
10 CERTIFICATION OF CANDIDATES
11 Subchapter
12 A. Examination of Nomination Documents
13 B. Objections and Judicial Review
14 C. Certification of Candidates
15 SUBCHAPTER A
16 EXAMINATION OF NOMINATION DOCUMENTS
17 Sec.
18 2501. Examination of nomination petitions, certificates and
19 papers.
20 2502. Groups advocating violent overthrow of government.
21 § 2501. Examination of nomination petitions, certificates and
22 papers.
23 (a) General rule.--When any nomination petition, nomination
24 certificate or nomination paper is presented in the office of
25 the secretary or of any commission for filing within the period
26 provided by this title, the officer or commission shall examine
27 it. No nomination petition, nomination paper or nomination
28 certificate shall be permitted to be filed if any of the
29 following circumstances exists:
30 (1) It contains material errors or defects apparent on
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1 the face thereof or on the face of the appended or
2 accompanying affidavits.
3 (2) It contains material alterations made after signing
4 without the consent of the signers.
5 (3) It does not contain a sufficient number of
6 signatures as required by statute. The secretary or the
7 commission, although not required to do so, may question the
8 genuineness of any signature or signatures and, if he or it
9 finds that any signature is not genuine, the signature shall
10 be disregarded in determining whether the nomination
11 petition, nomination paper or nomination certificate contains
12 a sufficient number of signatures as required by law.
13 (4) In the case of nomination petitions, if nomination
14 petitions have been presented showing the name of the same
15 person for the same office upon the official ballot of more
16 than one party, except the offices of judge of a court of
17 record, school director in districts where that office is
18 elective or district justice.
19 (5) In the case of nomination petitions, if the
20 candidate has filed a nomination petition for any public
21 office for the primary or has been nominated for the office
22 by nomination papers previously filed.
23 (6) If the nomination petitions or papers are not
24 accompanied by the filing fee required for the office or an
25 affidavit of indigency.
26 (7) In the case of nomination papers, if the name of the
27 party set forth therein is identical with or deceptively
28 similar to the words used by any existing party or by any
29 political body which has already filed nomination papers for
30 the same office, or if the name contains part of the name or
19870H0884B0965 - 152 -
1 an abbreviation of the name or part of the name of an
2 existing party or of a political body which has already filed
3 nomination papers for the same office.
4 The invalidity of any sheet of a nomination petition or
5 nomination paper shall not affect the validity of the petition
6 or paper if a sufficient petition or paper remains after
7 eliminating the invalid sheet. The action of the officer or
8 commission in refusing to receive and file any nomination
9 petition, certificate or paper may be reviewed by the court upon
10 an application to compel its reception as of the date it was
11 presented. The officer or commission shall be entitled to a
12 reasonable time to examine any petitions, certificates or
13 papers, and to summon and interrogate the candidates named
14 therein or the persons presenting the petitions, certificates or
15 papers. The retention thereof for the purpose of making the
16 examination or interrogation shall not be deemed acceptance or
17 filing.
18 (b) Rejection of defective petitions.--Upon completion of
19 the examination, a nomination petition, certificate or paper
20 found to be defective shall immediately be rejected and returned
21 to the candidate or one of the candidates named therein,
22 together with a statement of the reasons for the rejection.
23 § 2502. Groups advocating violent overthrow of government.
24 No nomination petition, nomination paper or nomination
25 certificate shall be permitted to be filed if the party or
26 political body referred to therein shall be composed of a group
27 of electors whose purposes or aims, or one of whose purposes or
28 aims, is the establishment, control, conduct, seizure or
29 overthrow of the government of this Commonwealth or the United
30 States of America by the use of force, violence, military
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1 measure or threats of one or more of the foregoing. The
2 authority to reject the nomination petition, paper or
3 certificate for this reason shall, when filed with the
4 secretary, be vested in a committee composed of the Governor,
5 the Attorney General and the secretary, and when filed with any
6 commission shall be vested in the commission. If the committee
7 or commission concludes that the acceptance of the nomination
8 petition, paper or certificate should be refused it shall,
9 within two days of the filing of the nomination petition, paper
10 or certificate, fix a place and time five days in advance for
11 hearing the matter, and notice thereof shall be given to all
12 parties affected thereby. At the time and place so fixed the
13 committee or commission shall hear testimony but shall not be
14 bound by technical rules of evidence. The testimony presented
15 shall be stenographically recorded and made a part of the record
16 of the committee or commission. Within two days after the
17 hearing the committee or commission, if satisfied upon competent
18 evidence that the nomination petition, paper or certificate is
19 not entitled to be accepted and filed, shall announce its
20 decision and immediately notify the parties affected thereby.
21 Failure to announce its decision within two days after the
22 hearing shall be deemed acceptance and filing of the nomination
23 petition, paper or certificate. The decision of the committee or
24 commission in refusing to accept and file the nomination
25 petition, paper or certificate may be reviewed by the court
26 having jurisdiction upon petition to compel its reception as of
27 the date when presented to the secretary or the commission. The
28 petition shall be made within two days of the time when the
29 decision is announced. Any judge may fix a time and place for
30 the hearing, notice of which shall be served upon the secretary
19870H0884B0965 - 154 -
1 or the commission. At the time so fixed, the court shall hear
2 the case de novo. If after the hearing the court finds that the
3 decision of the committee or the commission was erroneous, it
4 shall order the acceptance and filing of the nomination paper,
5 petition or certificate. From any decision of the court an
6 appeal may be taken within two days after the entry thereof. The
7 court shall fix the time and place for the hearing and shall
8 announce its decision within a period of time as will permit the
9 secretary or the commission to permit the names of the
10 candidates affected by the court's decision to be printed on the
11 ballot, if the court so determines.
12 SUBCHAPTER B
13 OBJECTIONS AND JUDICIAL REVIEW
14 Sec.
15 2511. Objections to nomination petitions and papers.
16 2512. Filing of objections to nomination certificates and
17 papers to fill vacancies.
18 § 2511. Objections to nomination petitions and papers.
19 (a) Petitions setting forth objections.--All nomination
20 petitions and papers received and filed within the periods
21 limited by this title shall be deemed valid unless, within seven
22 days after the last day for filing the nomination petition or
23 paper, a petition is presented to the court having jurisdiction
24 specifically setting forth the objections and praying that the
25 petition or paper be set aside. A copy of the petition shall be
26 served on the officer or board with whom the nomination petition
27 or paper was filed. The office of the prothonotary of the
28 Commonwealth Court and the office of the secretary and the
29 various offices of prothonotary of the court of common pleas
30 shall be open between the hours of 8:30 a.m. and 5 p.m. on the
19870H0884B0965 - 155 -
1 last day to file objections to nomination petitions.
2 (b) Time for hearing and determination.--Upon the
3 presentation of the petition, the court shall make an order
4 fixing a time for hearing which shall not be later than ten days
5 after the last day for filing the nomination petition or paper,
6 and specifying the time and manner of notice that shall be given
7 to the candidate or candidates named in the nomination petition
8 or paper sought to be set aside. On the day fixed for the
9 hearing, the court shall proceed without delay to hear the
10 objections and shall give the hearing precedence over other
11 business before it, and shall finally determine the matter not
12 later than 15 days after the last day for filing the nomination
13 petitions or papers.
14 (c) Criteria for determination.--If the court finds the
15 nomination petition or paper is defective under section 2501
16 (relating to examination of nomination petitions, certificates
17 and papers), or does not contain a sufficient number of genuine
18 signatures of electors entitled to sign under the provisions of
19 this title, or was not filed by persons entitled to file it, it
20 shall be set aside. If the objections relate to material errors
21 or defects apparent on the face of the nomination petition or
22 paper, or on the face of the accompanying or appended
23 affidavits, the court, after hearing, may in its discretion
24 permit amendments within such time and upon such terms as to
25 payment of costs, as the court may specify. If a person signs
26 any nomination petitions or papers for a greater number of
27 candidates than he is permitted under this title, and the
28 signatures bear the same date, they shall, upon objection, not
29 be counted on any petition or paper, but if they bear different
30 dates, they shall be counted in the order of their priority of
19870H0884B0965 - 156 -
1 date, for only so many persons as there are candidates to be
2 nominated or elected. In case the petition is dismissed, the
3 court may, in its discretion, make such order as to payment of
4 costs, including witness fees, as it deems just.
5 § 2512. Filing of objections to nomination certificates and
6 papers to fill vacancies.
7 (a) General rule.--All nomination certificates and
8 nomination papers to fill any vacancy, which have been accepted
9 and filed, shall be deemed to be valid unless specific
10 objections thereto are duly made in writing and filed in the
11 court and with the officer or commission with whom the
12 nomination certificates or papers were filed within three days
13 next succeeding the last day for filing the certificates or
14 papers.
15 (b) Hearing and determination.--Upon the filing of the
16 objections, the court shall enter an order fixing the time for
17 hearing, which shall not be later than seven days after the last
18 day for filing nomination certificates or papers, and specifying
19 the time and manner of notice that shall be given to the
20 candidate named in the nomination certificate or paper objected
21 to. On the day fixed for the hearing, the court shall proceed
22 without delay to hear the objections, and give the hearing
23 precedence over any other business before it and shall finally
24 determine the matter promptly in accordance with section 2511
25 (relating to objections to nomination petitions and papers).
26 (c) Objections to substituted nomination certificates.--All
27 substituted nomination certificates may be objected to, as
28 provided in section 2511, except that objections to substituted
29 nomination certificates must, in any case, be filed within three
30 days after the filing of the substituted nomination certificate.
19870H0884B0965 - 157 -
1 No objections as to form and conformity to law shall be received
2 after the day on which the printing of ballots is started.
3 SUBCHAPTER C
4 CERTIFICATION OF CANDIDATES
5 Sec.
6 2521. Certification of candidates by secretary to commissions.
7 § 2521. Certification of candidates by secretary to
8 commissions.
9 (a) Primaries.--The secretary, as soon as possible after the
10 last day for filing of nomination petitions with him, and after
11 the last day for withdrawal of candidates filing the nomination
12 petitions, and after the candidates have cast lots for the
13 position of their names upon the primary ballot or ballot
14 labels, shall forward to the commission of each county a correct
15 list of candidates of each party for the various offices, in the
16 order in which they are to appear upon the official ballots or
17 ballot labels, with their respective residences giving city,
18 borough, incorporated town or township, and post office
19 addresses as shown in their affidavits, and shall also at the
20 same time notify the candidates by mail that their names have
21 been so certified to the commission. In the case of each
22 candidate for delegate or alternate delegate to a national party
23 convention, the secretary shall certify as to whether the
24 candidate has included with his affidavit the statement provided
25 for in section 1907 (relating to statements of delegates to
26 national convention) and, if a candidate has committed himself
27 to a particular presidential preference, the name of the
28 presidential candidate to whom he is committed.
29 (b) November elections.--The secretary shall, as soon as
30 possible after the last day fixed for the filing of substituted
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1 nomination certificates for election of presidential electors,
2 United States senator, representative in Congress or State
3 officers, including judges of courts of record, senators and
4 representatives, or upon constitutional amendments or other
5 questions to be submitted to the electors of this Commonwealth
6 at large, transmit to each commission a certified list of the
7 names and residences and parties or political bodies of all of
8 the candidates who have been nominated to be voted for in its
9 county at the election, substantially in the form of the ballots
10 to be used, and also a copy of the text of all constitutional
11 amendments and other questions to be voted upon at the election,
12 together with a statement of the form in which they are to be
13 printed on the ballot or ballot labels.
14 (c) Special elections.--The secretary shall, not less than
15 30 days before the day fixed for any special election to fill a
16 vacancy in the offices of United States senator, representative
17 in Congress or senator and representative in the General
18 Assembly, certify to the proper commission or commissions the
19 names and residences of, and parties and political bodies
20 represented by, all candidates to be voted for in the county or
21 any district or districts thereof, whose nomination certificates
22 or papers have been filed with him, as provided by this title,
23 for the election and have not been found and declared invalid,
24 and substantially in the form of the ballots to be used therein.
25 (d) Certain vacancies.--The secretary shall, as soon as
26 possible after the last day for filing nomination certificates
27 or nomination papers under section 2313 (relating to nominations
28 to fill certain vacancies), transmit to each commission a
29 certified list of the names and residences and parties or
30 political bodies of all of the candidates whose nomination
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1 certificates or papers have been properly filed with him in
2 accordance with section 2313, to be voted for in the county or
3 any election district thereof.
4 PART VIII
5 REPORTING OF CAMPAIGN EXPENSES
6 Chapter
7 27. Reports
8 CHAPTER 27
9 REPORTS
10 Sec.
11 2701. Definitions.
12 2702. Organization of political committees.
13 2703. Authorization of political committees.
14 2704. Registration of political committees.
15 2705. Lobbyists.
16 2706. Reporting by candidates, political committees and other
17 persons.
18 2707. Record of sums expended.
19 2708. Waiver of reporting by local candidates upon filing of
20 additional affidavits.
21 2709. Annual reports.
22 2710. Late contributions and independent expenditures.
23 2711. Verification and use of statements and reports.
24 2712. Residual funds.
25 2713. Manner of filing reports.
26 2714. Late filing fees and certificates of filing.
27 2715. Contributions by banks, corporations or unincorporated
28 associations.
29 2716. Prohibited contributions.
30 2717. Lawful election expenses.
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1 2718. Independent audits of reports.
2 2719. Audit upon petition to court.
3 2720. Proceedings against candidates violating provisions on
4 contributions and expenditures.
5 2721. Identification of advertisers.
6 2722. Duties of secretary or commissions.
7 2723. Additional powers and duties of secretary.
8 2724. Reports by business entities.
9 2725. Enforcement.
10 § 2701. Definitions.
11 The following words and phrases when used in this chapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Candidate." An individual who seeks nomination or election
15 to public office, other than a judge of elections or inspector
16 of elections, whether or not the individual is nominated or
17 elected. An individual shall be deemed to be seeking nomination
18 or election to public office if he has:
19 (1) received a contribution or made an expenditure or
20 has given his consent for any other person or committee to
21 receive a contribution or make an expenditure, for the
22 purpose of influencing his nomination or election to the
23 office, whether or not the individual has made known the
24 specific office for which he will seek nomination or election
25 at the time the contribution is received or the expenditure
26 is made; or
27 (2) taken the action necessary under the laws of this
28 Commonwealth to qualify himself for nomination or election to
29 the office.
30 "Candidate's political committee." A political committee
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1 formed on behalf of a specified candidate and authorized by the
2 candidate.
3 "Contribution." A payment, gift, subscription, assessment,
4 contract, payment for services, dues, loan, forbearance, advance
5 or deposit of money of any valuable thing to a candidate or
6 political committee made for the purpose of influencing any
7 election in this Commonwealth or for paying debts incurred by or
8 for a candidate or committee before or after any election. The
9 term includes the purchase of tickets for events such as
10 dinners, luncheons, rallies and all other fundraising events;
11 the granting of discounts or rebates not available to the
12 general public; the granting of discounts or rebates by
13 television and radio stations and newspapers not extended on an
14 equal basis to all candidates for the same office; and any
15 payments provided for the benefit of any candidate, including
16 any payments for the services of any person serving as an agent
17 of a candidate or committee by a person other than the candidate
18 or committee or a person whose expenditures the candidate or
19 committee must report under this title. The term includes any
20 receipt or use of a valuable thing received by a political
21 committee from another political committee and also includes any
22 return on investments by a political committee.
23 "Expenditure." Includes any of the following:
24 (1) The payment, distribution, loan or advancement of
25 money or any valuable thing by a candidate, political
26 committee or other person for the purpose of influencing the
27 outcome of an election.
28 (2) The payment, distribution, loan, advance or transfer
29 of money or other valuable thing between or among political
30 committees.
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1 (3) The providing of a service or other valuable thing
2 for the purpose of influencing the outcome of an election
3 with respect to any public office to be voted for in this
4 Commonwealth.
5 (4) The payment or providing of money or other valuable
6 thing by any person other than a candidate or political
7 committee to compensate any person for services rendered to a
8 candidate or political committee.
9 "Independent expenditure." An expenditure by a person made
10 for the purpose of influencing the outcome of an election
11 without cooperation or consultation with any candidate or any
12 political committee authorized by that candidate and which is
13 not made in concert with or at the request or suggestion of any
14 candidate or political committee or agent thereof.
15 "Lobbyist." A person who is registered or required to be
16 registered under the act of September 30, 1961 (P.L.1778,
17 No.712), known as the Lobbying Registration and Regulation Act.
18 "Pledge." A written contract, promise or agreement to
19 contribute personally money or any valuable thing.
20 "Political action committee." A political committee which
21 receives contributions and makes expenditures to, or on behalf
22 of, any candidate other than a candidate's own authorized
23 political committees or the political committees of any State,
24 municipality, ward or other regularly constituted party
25 committee of any party or political body.
26 "Political committee." A committee, club, association or
27 other group of persons which receives contributions or makes
28 expenditures.
29 "Prosecutorial officer." The Attorney General of the
30 Commonwealth or the district attorneys of the respective
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1 counties.
2 "Valuable thing." Securities, goods, facilities, equipment,
3 supplies, personnel, advertising, services, membership lists
4 commonly offered or used commercially or other in-kind
5 contributions provided without compensation or at compensation
6 which is below the usual and normal compensation for the items.
7 The dollar value of a contribution of a valuable thing is the
8 difference between the usual and normal charge for goods or
9 services at the time of the contribution and the amount charged
10 the candidate or political committee. The term does not include
11 such items as the following:
12 (1) Voluntary personal services provided by individuals
13 who volunteer a portion or all of their time on behalf of a
14 candidate or political committee.
15 (2) The operation of a motor vehicle owned or leased by
16 a candidate or a member of his immediate family or for
17 consumption of food or beverages by a candidate or his
18 immediate family.
19 (3) The use of real or personal property, including a
20 community room or a church used on a regular basis by members
21 of a community for noncommercial purposes; the cost of
22 invitations, food and beverages voluntarily provided by an
23 individual to any candidate in rendering voluntary personal
24 services on the individual's residential premises or in the
25 church or community room for candidate-related activities to
26 the extent that the cumulative value of such invitations,
27 food and beverages provided by the individual on behalf of
28 any single candidate does not exceed $250 with respect to any
29 single election.
30 (4) The sale of any food or beverage by a vendor other
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1 than a corporation or unincorporated association for use in
2 any candidate's campaign at a charge less than the normal
3 comparable charge, if the charge is at least equal to the
4 cost of the food or beverage to the vendor to the extent that
5 the cumulative value of the reduced charges by the vendor on
6 behalf of any single candidate does not exceed $250 with
7 respect to any single election.
8 (5) Any unreimbursed payment for travel expenses made by
9 any individual on behalf of any candidate to the extent that
10 the cumulative value of the travel activity by the individual
11 on behalf of any single candidate does not exceed $250 with
12 respect to any single election.
13 (6) The use of the personal residence or the business or
14 office space of the candidate other than a corporation or
15 unincorporated association and the use of personal property
16 owned or leased by the candidate if the cumulative value of
17 the use of the personal property does not exceed $1,000 with
18 respect to any single election.
19 (7) The use of the personal residence or the business or
20 office space of any volunteer, other than a corporation or
21 unincorporated association, and the use of personal property
22 owned or leased by a volunteer if the cumulative value of the
23 use of the personal property does not exceed $250 with
24 respect to any single election. Nothing in this paragraph
25 shall be construed to permit any matter prohibited in
26 sections 2715 (relating to contributions by banks,
27 corporations or unincorporated associations) and 3913
28 (relating to corporations and associations).
29 Any of the categories excluded in paragraphs (1) through (7)
30 shall not be deemed a contribution or expenditure for purposes
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1 of reporting or recordkeeping.
2 § 2702. Organization of political committees.
3 (a) Required officers.--Every political committee shall have
4 a treasurer and a chairman. No contribution may be received nor
5 may any expenditure be made when there is a vacancy in either
6 one of these offices. All money received and disbursed by a
7 political committee must be done through the treasurer of the
8 committee.
9 (b) Treasurer and assistant treasurer.--Every candidate who
10 authorizes a committee or committees to receive and disburse
11 funds on behalf of his candidacy shall name a sole treasurer,
12 irrespective of the number of committees so authorized, to
13 receive and disburse all funds for the committees. Nothing in
14 this subsection shall be construed to prohibit a candidate from
15 receiving or expending moneys on his behalf or a treasurer of a
16 party committee or a committee authorized to receive and
17 distribute funds on behalf of more than one candidate from
18 receiving or expending moneys on behalf of the candidates,
19 notwithstanding the appointment of a sole treasurer. A sole
20 treasurer may delegate authority, in writing, to any number of
21 assistant treasurers to receive and disburse moneys collected on
22 behalf of a candidate. Nothing in this section shall prohibit
23 authorized individuals from selling tickets or soliciting funds
24 when funds are deposited in the campaign account of the
25 candidate.
26 (c) Records.--Each candidate and committee shall keep
27 records of the names and addresses of each person from whom a
28 contribution of over $10 has been received and a record of all
29 other information required to be reported under this chapter.
30 The records shall be retained by the candidate or treasurer for
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1 a period of three years after the information is reported as
2 required by this chapter.
3 (d) Contributions turned over to treasurer.--Any person
4 receiving any contribution on behalf of a political committee or
5 candidate shall turn the contributions over to the treasurer of
6 that committee or the candidate within ten days of its receipt.
7 § 2703. Authorization of political committees.
8 No treasurer of any political committee may receive any money
9 on behalf of the candidate until the political committee has
10 been authorized in writing by the candidate on a form determined
11 by the secretary. A copy of the written authorization shall be
12 filed with the secretary or the commission, as the case may be.
13 However, the treasurer of any State, county, city, borough,
14 incorporated town, township, ward or other regularly constituted
15 party committee of any party or political body may receive money
16 on behalf of the candidate of the party or political body in a
17 general, municipal or special election without special written
18 authorization from the candidate.
19 § 2704. Registration of political committees.
20 (a) Requirement to register.--Any political committee which
21 receives contributions in an aggregate amount of $250 or more
22 shall file a registration statement on a form determined by the
23 secretary within 20 days after the date on which it receives
24 that amount.
25 (b) Content of registration statements.--Each registration
26 statement shall contain the following information:
27 (1) The name, address and phone numbers of the political
28 committee.
29 (2) The name, address and phone number of the
30 committee's treasurer.
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1 (3) The name, address and phone number of the
2 committee's chairman.
3 (4) The names, addresses and relationships of other
4 affiliated or connected organizations.
5 (5) The candidates, if any, and their names and
6 addresses.
7 (6) The ballot question, if any, which the committee
8 intends to support or oppose.
9 (7) The banks, safety deposit boxes or other
10 repositories and their addresses used by the committee.
11 (8) The proposed period of operation of the committee.
12 (c) Notice of change in information.--The committee shall
13 inform the secretary or the commission of any changes in the
14 information contained in subsection (b) within 30 days of that
15 change.
16 (d) Contributions to candidates.--No political committee
17 which receives an aggregate amount of contributions of $250 or
18 more may make a contribution to any candidate or political
19 committee unless it has registered with the secretary or the
20 commission, as the case may be.
21 § 2705. Lobbyists.
22 (a) Lobbyists subject to requirements.--Any lobbyist who has
23 given a contribution or pledge regardless of amount to any
24 candidate shall be subject to the same registration and
25 reporting provisions as are political committees.
26 (b) Registration statement.--The registration statement
27 required by section 2704 (relating to registration of political
28 committees) shall be filed by the lobbyist who has given a
29 contribution or pledge regardless of amount to any candidate.
30 § 2706. Reporting by candidates, political committees and other
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1 persons.
2 (a) Political committees and candidates.--Each treasurer of
3 a political committee and each candidate for election to public
4 office shall file reports of receipts and expenditures on forms
5 determined by the secretary if the amount received or expended
6 or liabilities incurred exceeds $250. If that amount does not
7 exceed $250, then the candidate or the treasurer of the
8 committee shall file a sworn statement to that effect rather
9 than the report required by this section.
10 (b) Preelection reports for offices elected by Commonwealth
11 at large.--Preelection reports by candidates for offices to be
12 voted for by the electors of the Commonwealth at large and all
13 political committees, which have expended money for the purpose
14 of influencing the election of any such candidate, shall be
15 filed not later than the sixth Tuesday before and the second
16 Friday before an election. The initial preelection report shall
17 be complete as of 50 days prior to the election, and the
18 subsequent preelection report shall be complete as of 15 days
19 prior to the election. Preelection reports by all other
20 candidates and political committees which have received
21 contributions or made expenditures for the purpose of
22 influencing an election shall be filed not later than the second
23 Friday before an election. The report shall be complete as of 15
24 days prior to the election.
25 (c) Postelection reports.--All candidates or political
26 committees, required to file under this section, shall also file
27 a postelection report not later than 30 days after an election
28 which shall be complete as of 20 days after the election. In the
29 case of a special election the postelection report shall be
30 complete as of ten days after the election.
19870H0884B0965 - 169 -
1 (d) Persons required to file.--Every person, other than a
2 political committee or candidate, who makes independent
3 expenditures for the purpose of expressly advocating the
4 election or defeat of a clearly identified candidate or question
5 appearing on the ballot, other than by contribution to a
6 political committee or candidate, in an aggregate amount in
7 excess of $100 during a calendar year shall file on a form
8 prescribed by the secretary a report which shall include the
9 same information required of a candidate or political committee
10 receiving such a contribution and, additionally, the name of the
11 candidate or question supported or opposed. Reports required by
12 this subsection shall be filed on dates on which reports by
13 political committees making expenditures are required to report
14 under this section.
15 (e) Expenditures by political committee to another political
16 committee.--An expenditure by a candidate's political committee
17 to another political committee shall be reported as a
18 contribution by the political committee receiving the
19 contribution, but need not be reported by the contributing
20 candidate's political committee until the time required by
21 statute for that candidate's political committee to report. If
22 the amount of the contribution exceeds $250 to a single
23 political committee or $1,000 in aggregate contributions to more
24 than one political committee for any election other than a
25 municipal election, then receipts and expenditures shall be
26 reported by the contributing committee at the same time as
27 required by statute for the committee receiving them.
28 (f) Reports by political action committees.--All political
29 action committees shall report to the secretary all expenditures
30 to or made on behalf of any Statewide candidate or candidate for
19870H0884B0965 - 170 -
1 the General Assembly in the same manner as indicated in this
2 section as a candidate's political committee. This requirement
3 is in addition to any other filing and reporting provisions of
4 this title which apply to the committees and their treasurers
5 and chairmen.
6 (g) Content of report.--Each report shall include the
7 following information:
8 (1) The full name, mailing address, occupation and name
9 of employer, if any, or the principal place of business, if
10 self-employed, of each person who has made one or more
11 contributions to or for the committee or candidate within the
12 reporting period in an aggregate amount of value in excess of
13 $250 together with the amount and date of the contributions.
14 The accuracy of the information furnished to the candidate or
15 committee shall be the responsibility of the contributor.
16 (2) The full name and mailing address of each person who
17 has made one or more contributions to or for the committee or
18 candidate within the reporting period in an aggregate amount
19 or value in excess of $50, together with the amount and date
20 of the contributions. The accuracy of the information
21 furnished by the contributor shall be the responsibility of
22 the contributor.
23 (3) The total sum of individual contributions made to or
24 for the committee or candidate during the reporting period
25 and not reported under paragraphs (1) and (2).
26 (4) Every expenditure, the date made, the full name and
27 address of the person to whom made and the purpose for which
28 the expenditure was made.
29 (5) Any unpaid debts and liabilities with the nature and
30 amount of each, the date incurred and the full name and
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1 address of the person owed.
2 (6) Any unexpended balance of contributions or other
3 receipts appearing from the last account filed.
4 (7) A summary, on a separate page, of the information
5 required by this subsection.
6 (h) Time period covered by report.--All reports and
7 statements required by this section shall cover the campaign
8 activity of the candidate only from the last prior report or
9 statement.
10 § 2707. Record of sums expended.
11 Vouchers or copies of vouchers for all sums expended
12 amounting to more than $25 shall be retained by the candidate or
13 the committee treasurer and shall be available for public
14 inspection and copying as provided in this chapter. Any person
15 may inspect or copy the vouchers or copies thereof by filing a
16 written request with the secretary or the commission, who shall
17 notify the candidate or political committee of the request. The
18 candidate or political committee shall have the option of either
19 forwarding the vouchers or copies to the secretary or the
20 commission for such purpose or making the vouchers or copies
21 available to the requesting person. If a candidate or a
22 treasurer of a political committee fails to make the vouchers or
23 copies thereof available for inspection and copying when
24 requested by the secretary or the commission, the candidate or
25 political committee shall be directed to deliver promptly the
26 vouchers or copies to the appropriate office for purposes of
27 inspection and copying. Costs of copying and costs of delivery
28 by the candidate or treasurer of the requested vouchers or
29 copies shall be borne by the person requesting them.
30 § 2708. Waiver of reporting by local candidates upon filing of
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1 additional affidavits.
2 (a) General rule.--In lieu of filing the reports or
3 statements required by sections 2706 (relating to reporting by
4 candidates, political committees and other persons) and 2709
5 (relating to annual reports), a candidate for local office
6 (which shall include county, township, city, school district,
7 magisterial district, town and borough offices), who does not
8 form a political committee, shall file an additional affidavit
9 on the form required in section 1906 (relating to affidavits of
10 candidates) or 2105 (relating to affidavits of candidates)
11 attesting to the following:
12 (1) That the candidate for local office does not intend
13 to receive contributions or make expenditures in excess of
14 $250 during any reporting period.
15 (2) That the candidate for local office will keep
16 records of contributions and expenditures, as required by
17 this chapter.
18 (3) That the candidate for local office will file
19 reports in accordance with sections 2706 and 2709 for any
20 reporting period during which he receives contributions or
21 makes expenditures in excess of $250.
22 (b) Candidate exceeding limit after filing affidavit.--Any
23 candidate for local office filing an affidavit under this
24 section who exceeds the $250 limit during a reporting period
25 shall file the report required by section 2706 which shall be
26 cumulative from the beginning of the reporting period. No
27 further report shall be required for any subsequent period
28 unless a candidate for local office receives contributions or
29 makes expenditures in excess of $250 during that reporting
30 period.
19870H0884B0965 - 173 -
1 § 2709. Annual reports.
2 (a) General rule.--All political committees and candidates,
3 including those committees and candidates filing reports under
4 section 2706(b) and (c) (relating to reporting by candidates,
5 political committees and other persons), shall file a report on
6 January 31 of each year which shall be complete as of December
7 31 of the prior year. The reports shall be filed annually at
8 this time until there is no balance or debt in the report of the
9 candidate or political committee. The reports shall be
10 cumulative. However, if there has been no change in the account,
11 then the candidate or political committee shall file a statement
12 to that effect. Each form designated by the secretary for filing
13 a report or statement required by section 2706(c) shall contain
14 a block which may be marked by the candidate or political
15 committee designating it a termination report or statement. If
16 the report or statement is so designated, or if an authorized
17 candidate elects to file no report or statement pursuant to
18 section 2708 (relating to waiver of reporting by local
19 candidates upon filing of additional affidavits), no annual
20 report need be filed under this section unless contributions
21 were received or expenditures made subsequent to the time period
22 for filing of the termination report. However, no candidate or
23 political committee may terminate by way of a statement where
24 the unpaid balance indicated in the previous report was greater
25 than $250. In the case of annual reports the report shall cover
26 the campaign activity of a candidate or political committee from
27 the last prior report or statement.
28 (b) Certain political committees.--Any political committee
29 required to be registered under this chapter and not reporting
30 under section 2706 shall file an annual report under this
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1 section. However, if a political committee makes aggregate
2 expenditures as defined in section 2701 (relating to
3 definitions) in an amount less than $250 or incurs aggregate
4 debt in an amount less than $250 during the calendar year to
5 influence an election, it need not file an annual report. This
6 exception shall not apply to a candidate's political committee
7 or to a State or county committee of a party or political body
8 or to a political action committee of a corporation or
9 unincorporated association.
10 § 2710. Late contributions and independent expenditures.
11 Any candidate or political committee, authorized by a
12 candidate and created solely for the purpose of influencing an
13 election on behalf of that candidate, which receives any
14 contribution or pledge of $500 or more, and any person making an
15 independent expenditure of $500 or more after the final
16 preelection report has been deemed completed, shall make a
17 report to the secretary or the commission of the contribution,
18 pledge or expenditure by telegram or mailgram. The telegram or
19 mailgram shall be sent by the candidate, chairman or treasurer
20 of the political committee within 24 hours of receipt of the
21 contribution. It is the duty of the secretary or the commission
22 to confirm the substance of the telegram or mailgram. Any
23 candidate in his own behalf or chairman, treasurer or candidate
24 in behalf of the political committee may also comply with this
25 section by appearing personally before the secretary or the
26 commission and reporting the late contributions or pledges.
27 § 2711. Verification and use of statements and reports.
28 (a) Verification of reports.--Each report shall be
29 subscribed and sworn to by the individual submitting the report.
30 In addition, any report filed by a political committee,
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1 authorized by a candidate and created solely for the purpose of
2 influencing an election on behalf of that candidate, must be
3 accompanied by an affidavit from that candidate stating that, to
4 the best of the candidate's knowledge, the political committee
5 has not violated any provision of this title.
6 (b) Penalty for fraud.--Any willfully false, fraudulent or
7 misleading statement or entry made by any candidate or treasurer
8 in any statement or report under oath as required by this
9 chapter shall constitute perjury and be punished according to
10 the laws of this Commonwealth.
11 (c) Disqualification from holding office.--Any person
12 convicted of such an act shall be disqualified from holding
13 public office in this Commonwealth. As used in this subsection
14 the term "conviction" includes a finding or verdict of guilt, an
15 admission of guilt or a plea of nolo contendere.
16 (d) Limitation on use of statements or reports.--It is
17 unlawful for any person to use the contents of any statement or
18 report filed under this chapter for any commercial purpose.
19 § 2712. Residual funds.
20 In the event that a candidate or political committee
21 terminates its financial activity, then the disbursement of any
22 residual funds remaining in the account shall be made in the
23 following manner:
24 (1) The funds may be used for any expenditure as defined
25 by this chapter.
26 (2) The funds may be returned pro rata to the
27 contributors by the candidate or treasurer of the political
28 committee.
29 A final report must be made by the next January 31 in accordance
30 with section 2709 (relating to annual reports).
19870H0884B0965 - 176 -
1 § 2713. Manner of filing reports.
2 Any statement or report required by this chapter to be filed
3 shall be done in the following manner:
4 (1) Any candidate, individual or committee required to
5 file a statement or report concerning any candidate shall
6 file it with the secretary or the commission, being the
7 office in which the candidate filed his nomination papers,
8 nomination certificate or nomination petitions, or the office
9 in which the candidate would have filed if he had sought
10 nomination in that manner.
11 (2) All candidates and political committees, authorized
12 by candidates and created solely for the purpose of
13 influencing the election of the candidates, who must file
14 reports with the secretary, shall also file copies of their
15 reports with the commission in the county in which the
16 candidate resides.
17 (3) Any statement or report concerning an issue to be
18 voted on by the electors of this Commonwealth at large shall
19 be filed with the secretary.
20 (4) Any statement or report concerning any issue to be
21 voted on by the electors of this Commonwealth not covered
22 under paragraph (3) shall be filed with the commission in the
23 county where the electors reside.
24 (5) If any report of any political committee concerns
25 both candidates who file for nomination with the secretary
26 and candidates who file with a commission, then the report
27 shall be filed with the secretary.
28 § 2714. Late filing fees and certificates of filing.
29 (a) Late filing fee.--A late filing fee for each report or
30 statement of expenditures and contributions which is not filed
19870H0884B0965 - 177 -
1 within the prescribed period shall be imposed as follows. The
2 fee shall be $10 for each day or part of a day, excluding
3 Saturdays, Sundays and holidays, that a report is overdue. An
4 additional fee of $10 is due for each of the first six days that
5 a report is overdue. The maximum fee payable with respect to a
6 single report is $250. The secretary or the commission shall
7 receive an overdue report or statement even if any late filing
8 fee due has not been paid but the report or statement shall not
9 be considered filed until all fees have been paid, but no
10 further late filing fees shall be incurred. The late filing fee
11 is the personal liability of the candidate or treasurer of a
12 political committee and shall not be paid from contributions to
13 the candidate or committee nor may the fee be considered an
14 expenditure. A report or statement of expenditures and
15 contributions shall be deemed to have been filed within the
16 prescribed time if the letter transmitting the report or
17 statement which is received by the secretary or the commission
18 is transmitted by first class mail and is postmarked by the
19 United States Postal Service on the day prior to the final day
20 on which the report or statement is to be received, but this
21 sentence shall not apply to the reporting requirements contained
22 in section 2710 (relating to late contributions and independent
23 expenditures).
24 (b) Certificate of filing.--No person shall be deemed
25 elected to a public office or enter upon the duties thereof, or
26 receive any salary or emoluments therefrom, until all of the
27 reports and statements of contributions and expenditures
28 required to be filed by the candidate or treasurers of
29 committees authorized by the candidate, and due before the
30 person may take office, have been filed. No candidate may be
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1 sworn in until the secretary or the commission certifies that
2 all required reports have been filed, and no official of the
3 Commonwealth or any of its political subdivisions may issue a
4 commission or administer an oath of office until that official
5 has received this certification. No certification shall be
6 issued until the postelection reports of any candidate and
7 treasurer of committees authorized by the candidate have been
8 filed.
9 § 2715. Contributions by banks, corporations or unincorporated
10 associations.
11 (a) Limitation on contributions.--It is unlawful for any
12 national or State bank, or any corporation incorporated under
13 the statutes of this or any other state or any foreign country,
14 or any unincorporated association, except those corporations
15 formed primarily for political purposes or as a political
16 committee, to make a contribution or expenditure for the purpose
17 of influencing the election of any candidate or for any
18 political purpose except in connection with any question to be
19 voted on by the electors of this Commonwealth. Furthermore, it
20 is unlawful for any candidate, political committee or other
21 person to knowingly accept or receive any contribution
22 prohibited by this section or for any officer or any director of
23 any corporation, bank or any unincorporated association to
24 consent to any contribution or expenditure by the corporation,
25 bank or unincorporated association, as the case may be,
26 prohibited by this section.
27 (b) Loans.--No statute shall be deemed to prohibit a loan of
28 money by a national or State bank made in accordance with the
29 applicable banking laws and regulations in the ordinary course
30 of business, but the loans shall be included in the reports
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1 filed by the candidates and political committees. No statute
2 shall be deemed to prohibit the receipt of interest or dividends
3 on investments where the interest or dividends are received in
4 accordance with applicable banking laws and in the ordinary
5 course of business. Any interest and dividends shall be included
6 in the financial records maintained by the candidate and
7 political committees and reported where appropriate under the
8 filing requirements of this chapter.
9 (c) Certain activities not prohibited.--No statute shall be
10 deemed to prohibit:
11 (1) Direct private communications by a corporation to
12 its stockholders and their families or by an unincorporated
13 association to its members and their families on any subject.
14 (2) Nonpartisan registration and get-out-vote campaigns
15 by a corporation aimed at its stockholders and their families
16 or by an unincorporated association aimed at its members and
17 their families.
18 (3) The establishment and administration by a
19 corporation or an unincorporated association of a separate
20 segregated fund which fund is to be created by voluntary
21 individual contributions, including those solicited by the
22 corporation or unincorporated association and to be utilized
23 for political purposes. However, any such separate segregated
24 fund shall be deemed to be a political committee for purposes
25 of this chapter.
26 § 2716. Prohibited contributions.
27 (a) Contributions by agents.--It is unlawful for any person
28 to make any contribution with funds designated or given to him
29 for the purpose by any other person, firm or corporation. Each
30 person making a contribution shall do so only in his own name.
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1 (b) Anonymous contributions.--It is unlawful for any
2 candidate or political committee to disburse money received from
3 an anonymous source. All such money shall be handed over to the
4 State Treasurer within 20 days of its receipt.
5 (c) Cash contributions.--It is unlawful for any person to
6 make contributions of currency of the United States or currency
7 of any foreign country to or for the benefit of any candidate
8 which in the aggregate exceed $100 with respect to any candidate
9 for election.
10 § 2717. Lawful election expenses.
11 No candidate, chairman or treasurer of any political
12 committee shall make or agree to make any expenditure or incur
13 any liability except an expenditure as defined in section 2701
14 (relating to definitions).
15 § 2718. Independent audits of reports.
16 (a) Contracting for services of certified public
17 accountant.--Every two years, the secretary shall contract for
18 the services of a certified public accountant or certified
19 public accounting firm. The contract shall be awarded on a bid
20 basis and no certified public accountant or certified public
21 accounting firm shall be eligible to obtain the contract for two
22 successive contract periods.
23 (b) Selection by lottery of candidates.--The secretary shall
24 select by lottery at a public drawing, 40 days after each
25 primary or November election, 3% of all public offices for which
26 candidates must file nominating petitions or papers with the
27 secretary. For the purpose of this subsection, a legislative or
28 senatorial district shall be considered a public office. Any
29 public office filled at a special election occurring other than
30 at a primary or November election shall be placed in the lottery
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1 of public offices for audit at the next succeeding primary or
2 November election, whichever occurs first. Any public office
3 filled at a special election held at the same time as any other
4 election shall be included in the lottery for that election.
5 (c) Audit of reports.--The certified public accountant shall
6 audit the reports of all candidates for each public office
7 selected in accordance with subsection (b) and those committees
8 authorized and created solely for the purpose of influencing an
9 election on behalf of those candidates.
10 (d) Conduct of audit.--The accountants shall conduct their
11 audit in accordance with sound accounting principles and shall
12 make findings of any possible violations of this title with
13 respect to campaign contributions or expenses. All audited
14 candidates and their committees shall furnish any records to the
15 accountants which the accountants deem necessary for the
16 completion of their work.
17 (e) Report of audit.--The accountant shall report his
18 findings to the secretary, who shall make public the report of
19 the accountants. The results of the primary election audit shall
20 not be released to the public until after the succeeding
21 November election. Nothing in this subsection shall be construed
22 to prohibit the initiation of prosecution for criminal
23 violations by the appropriate agencies.
24 (f) Reports to Attorney General.--The accountants shall also
25 furnish a report of their findings to the Attorney General for
26 the institution of any criminal proceedings as he deems
27 necessary.
28 § 2719. Audit upon petition to court.
29 (a) Audit procedure.--Within 90 days after the last day for
30 filing any report and affidavit required by this title, any five
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1 electors of this Commonwealth may present a petition to the
2 court of the county where the original report was filed, or with
3 the Commonwealth Court in the case of an original report filed
4 with the secretary, for an audit of the report. Thereupon the
5 court shall direct the officer or commission with whom the
6 report has been filed to certify the report to the court for
7 audit and may require security to be entered for costs. The
8 court may appoint an auditor to audit the report, but the fees
9 of such auditor shall be a reasonable sum per day for each day
10 actually engaged. The court or auditor shall fix a day, as early
11 as may be convenient for the audit, at which time the person by
12 whom the report has been filed shall be required to be present
13 in person to vouch his report and to answer on oath or
14 affirmation all relevant questions concerning the report as may
15 be put to him by the petitioners or their counsel. The auditor
16 shall issue subpoenas to all parties whom the petitioners or the
17 filer of the report may require to give evidence concerning the
18 report. He shall determine, subject to exception, all questions
19 as to the admissibility of evidence and shall file a copy of the
20 evidence with his findings. If the court decides that the report
21 was false in any substantial respect or that any expenses have
22 been incurred in contravention of this chapter, the costs of the
23 audit shall be paid by the filer of the report. Otherwise the
24 court shall order payment of costs as shall be just in the
25 circumstances.
26 (b) Referral of violations.--If the court decides upon the
27 audit that any person, whether a candidate or not, has accepted
28 contributions or incurred expense or has expended or disbursed
29 money in contravention of this chapter or has otherwise violated
30 any of the provisions of this title, it shall certify its
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1 decision to the appropriate prosecutorial officer who shall
2 institute any criminal proceedings as he deems necessary.
3 (c) Testimony.--No person shall be excused from answering
4 any question in any proceeding under this section on the ground
5 that the answer would tend to incriminate him, but no such
6 answer shall be used as evidence against the person in any
7 criminal action or prosecution whatever, except in an action for
8 perjury in giving the testimony.
9 § 2720. Proceedings against candidates violating provisions on
10 contributions and expenditures.
11 If any candidate, who has been nominated or elected, is found
12 by any court of this Commonwealth in criminal proceedings to
13 have willfully accepted any contributions or made any
14 expenditures in contravention of this chapter, either directly
15 or through the treasurer of any committee authorized by section
16 2703 (relating to authorization of political committees) or
17 through any other person with his knowledge or consent, whether
18 expressly or not, the court shall certify that fact to the
19 Attorney General. In the case of a candidate for nomination the
20 Attorney General shall make a motion to the proper court to
21 remove the candidate's name from the ballot. In the case of an
22 elected candidate the Attorney General shall file in the proper
23 court a complaint in quo warranto against the candidate. If,
24 upon hearing, it is determined that the candidate has willfully
25 accepted any contribution or made any expenditure in
26 contravention of this chapter, either directly or through the
27 treasurer of any committee authorized by section 2703 to pay or
28 incur primary or election expenses in furtherance of his
29 candidacy or through any other person with his knowledge and
30 consent, whether expressly authorized or not, judgment of ouster
19870H0884B0965 - 184 -
1 from nomination, in the case of a candidate for nomination where
2 the judgment is entered prior to the subsequent election, or
3 judgment of ouster from office in the case of a candidate for
4 election or in the case of a candidate for nomination who has
5 been subsequently elected to the office for which he was
6 nominated, shall be entered against him. However, in the case of
7 a candidate elected to the General Assembly, the decision of the
8 court shall be certified to the President pro tempore of the
9 Senate or to the Speaker of the House of Representatives, as the
10 case may be.
11 § 2721. Identification of advertisers.
12 Whenever any person makes an expenditure for the purpose of
13 financing communications expressly advocating the election or
14 defeat of a candidate or ballot question through any
15 broadcasting station, newspaper, magazine, outdoor advertising
16 facility, direct mailing or any other type of general public
17 political advertising, the communication:
18 (1) If authorized by the candidate, his political
19 committee or their agents, shall clearly and conspicuously
20 state that the communication has been authorized.
21 (2) If not authorized by a candidate, his political
22 committee or their agents, shall clearly and conspicuously
23 state the name of the person who made or financed the
24 expenditure for the communication, including, in the case of
25 a political committee, the name of any affiliated or
26 connected organization.
27 § 2722. Duties of secretary or commissions.
28 It is the duty of the secretary or the commission, with
29 respect to those candidates whose statements and reports are
30 received in their respective offices under section 2713
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1 (relating to manner of filing reports), to:
2 (1) Furnish to the persons, subject to the provisions of
3 this chapter, a bookkeeping and reporting manual and the
4 prescribed forms for the making of the reports and statements
5 required to be filed under this chapter.
6 (2) Develop a filing system consistent with the purposes
7 of this chapter.
8 (3) Make the reports and statements filed with him
9 available for public inspection and copying, commencing as
10 soon as practicable but not later than the end of the second
11 day following the date it was received, and provide copies of
12 the report or parts thereof, as requested by any person, at
13 the expense of the person at a rate not to exceed the actual
14 cost of reproduction.
15 (4) Preserve the reports and statements for a period of
16 five years from the date of filing.
17 (5) Compile and maintain a current list of all
18 statements pertaining to each candidate and political
19 committee.
20 (6) Make, from time to time, inquiries and field
21 investigations with respect to reports and statements filed
22 under this chapter and with respect to alleged failures to
23 file any report or statement required under this chapter.
24 (7) Report apparent violations of this chapter to the
25 appropriate law enforcement authorities.
26 (8) Collect any fines relating to the filing of late
27 reports and transmit the fines collected to the fiscal
28 officer of the secretary or the commission.
29 (9) Inform each candidate or committee which has failed
30 to file of that fact.
19870H0884B0965 - 186 -
1 (10) Publish a list of all those candidates and their
2 committees who have failed to file reports as required by
3 this chapter within six days of their failure to comply.
4 § 2723. Additional powers and duties of secretary.
5 The secretary shall have the following additional powers and
6 duties:
7 (1) To serve as the State clearinghouse for information
8 concerning the administration of this chapter.
9 (2) To promulgate suitable rules and regulations to
10 carry out this chapter.
11 (3) To develop the prescribed forms required by this
12 chapter for the making of the reports and statements required
13 to be filed.
14 (4) To prepare a manual setting forth recommended
15 uniform methods of bookkeeping and reporting, which shall be
16 furnished by the secretary or the commission to the person
17 required to file the reports and statements as required by
18 this chapter.
19 (5) To examine the contributions to State legislative
20 and Statewide candidates and publish a list of all those
21 political committees who have contributed to candidates and
22 who have failed to file reports as required by this chapter
23 within six days of their failure to comply.
24 § 2724. Reports by business entities.
25 (a) General rule.--Any business entity, including, but not
26 limited to, a corporation, company, association, partnership or
27 sole proprietorship, which has been awarded nonbid contracts
28 from the Commonwealth or its political subdivisions during the
29 preceding calendar year shall report by February 15 of each year
30 to the secretary an itemized list of all political contributions
19870H0884B0965 - 187 -
1 known to the business entity by virtue of the knowledge
2 possessed by every officer, director, associate, partner,
3 limited partner or individual owner that has been made by:
4 (1) any officer, director, associate, partner, limited
5 partner, individual owner or spouse or unemancipated child,
6 when the contributions exceed an aggregate of $1,000 by any
7 individual during the preceding year; or
8 (2) any employee or spouse or unemancipated child whose
9 political contribution exceeded $1,000 during the preceding
10 year.
11 (b) Publication of list.--It is the duty of the secretary to
12 publish 60 days after February 15 of each year a complete
13 itemized list of all contributions given under subsection (a).
14 This list shall be a matter of public record open to public
15 inspection and copies shall be made available at cost to any
16 individual who requests them.
17 § 2725. Enforcement.
18 (a) Attorney General.--The Attorney General shall have
19 prosecutorial jurisdiction over all violations connected with
20 any statement or report and the contents thereof which is to be
21 filed with the secretary.
22 (b) District attorneys.--The district attorneys of the
23 respective counties shall have prosecutorial jurisdiction over
24 any other violations of this chapter.
25 (c) Concurrent prosecutorial jurisdiction.--The district
26 attorney of any county in which a violation referred to in
27 subsection (a) occurs has concurrent powers and responsibilities
28 with the Attorney General over the violation.
29 PART IX
30 CONDUCT OF ELECTIONS
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1 Chapter
2 29. General Provisions
3 31. Preparation for Elections
4 33. Voting Procedures
5 CHAPTER 29
6 GENERAL PROVISIONS
7 Sec.
8 2901. Definitions.
9 2902. Conduct of special elections.
10 2903. Commission offices to remain open during elections.
11 2904. Voting by ballot.
12 § 2901. Definitions.
13 The following words and phrases when used in this part and
14 Part X (relating to election results) shall have the meanings
15 given to them in this section unless the context clearly
16 indicates otherwise:
17 "Automatic tabulating equipment." Any apparatus which
18 automatically examines, computes and tabulates votes registered
19 on paper ballots, ballot cards or district totals cards or votes
20 registered electronically.
21 "Ballot" or "official ballot." The paper ballot and, in the
22 case of districts using an electronic voting system, the ballot
23 card or paper ballot upon which an elector registers or records
24 his vote or the apparatus by which the voter registers his vote
25 electronically, including any ballot envelope, paper or other
26 material on which a vote is recorded for persons whose names do
27 not appear on the ballot label.
28 "Ballot card." A card which is compatible with automatic
29 tabulating equipment and on which votes may be registered.
30 "Ballot labels." The ballot cards, paper or other material
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1 containing the names of offices and candidates and statements of
2 questions to be voted on which is used in conjunction with a
3 voting machine or an electronic voting system.
4 "Candidate counters." The counters on voting machines on
5 which are registered numerically the votes cast for candidates.
6 "Counting center." One or more locations selected by the
7 commission for the automatic tabulation of votes.
8 "Custodian." The person charged with the duty of testing and
9 preparing the voting machine or the voting device and automatic
10 tabulating equipment for the election and instructing the
11 election officials in their use.
12 "Diagram." An illustration of the official ballot, when
13 placed upon the voting machine, showing the names of the
14 parties, political bodies, offices and candidates and statements
15 of the questions in their proper places and shall be considered
16 a specimen ballot.
17 "District totals card." A card or other data storage device
18 which is compatible with automatic tabulating equipment and
19 suitable for use with any voting system which provides for the
20 initial computation and tabulation of votes at the district
21 level to record the total number of votes cast for each
22 candidate whose name appears on the ballot, the total number of
23 write-in votes cast for each office on the ballot and the total
24 number of vote cast for or against any question appearing on the
25 ballot.
26 "Electronic voting system." A system in which one or more
27 voting devices are used to permit the registering or recording
28 of votes and in which the votes are computed and tabulated by
29 automatic tabulating equipment.
30 "Model." A mechanically operating model of a portion of the
19870H0884B0965 - 190 -
1 face of the machine, illustrating the manner of voting.
2 "Paper ballot." A printed paper ballot furnished by the
3 commission to be used by an elector to register his vote.
4 "Protective counter." A counter or protective device or
5 devices that will register each time the voting machine is
6 operated and shall be constructed and so connected that it
7 cannot be reset, altered or operated, except by operating the
8 machine.
9 "Public counter." A counter or other device which shall, at
10 all times, publicly indicate how many times the voting machine
11 has been operated at an election and, in the case of a voting
12 device, how many ballots have been cast during the course of the
13 election.
14 "Question." A statement of a constitutional amendment or
15 other proposition submitted to a popular vote at any election.
16 "Question counters." The counters on voting machines on
17 which are registered numerically the votes cast on questions.
18 "Vote indicator." Those devices with which votes are
19 indicated for candidates or for or against questions.
20 "Voting booth." The enclosure occupied by the elector when
21 voting.
22 "Voting device." An apparatus in which paper ballots or
23 ballot cards are used in connection with an implement by which a
24 voter registers his votes with ink or other substance or by
25 punching or an apparatus by which the votes are registered
26 electronically, so that in either case the votes so registered
27 may be computed and tabulated by means of automatic tabulating
28 equipment.
29 "Voting equipment." Voting machines or those components of
30 an electronic voting system which are used by an elector to
19870H0884B0965 - 191 -
1 register his vote.
2 "Write-in ballot." The paper or other material on which a
3 vote is cast for a person whose name does not appear on the
4 official ballot.
5 § 2902. Conduct of special elections.
6 Every special election, including an election on a question,
7 shall be held and conducted and the returns tabulated in all
8 respects in accordance with the provisions relating to November
9 elections insofar as they are applicable. All special elections
10 whether held at the time of a regular primary or November
11 election or at another time shall be conducted by the election
12 officers by the use of the same equipment and facilities, so far
13 as practicable, as are used for the primary or November
14 election.
15 § 2903. Commission offices to remain open during elections.
16 Each commission shall cause its office to remain open, in
17 charge of one or more members of the commission, during the
18 entire duration of each election, and after the close of the
19 polls, until all the ballot boxes and returns have been received
20 in the office of the commission or received in such other place
21 as has been designated by the commission.
22 § 2904. Voting by ballot.
23 If in any case the number of candidates nominated or seeking
24 nomination for any office, or if a method of voting for any
25 candidate or office which is prescribed by law, renders the use
26 of voting machines or an electronic voting system impracticable
27 or if, for any other reason the use of voting machines or an
28 electronic voting system is not possible or practicable at a
29 particular election, the commission may arrange to have the
30 voting at any such election and for any such offices conducted
19870H0884B0965 - 192 -
1 by paper ballots.
2 CHAPTER 31
3 PREPARATION FOR ELECTIONS
4 Subchapter
5 A. Ascertainment of Parties and Offices and Notice
6 Requirements
7 B. Acquisition of Voting Equipment
8 C. Preparation of Official Ballots, Supplies and
9 Equipment
10 SUBCHAPTER A
11 ASCERTAINMENT OF PARTIES AND OFFICES
12 AND NOTICE REQUIREMENTS
13 Sec.
14 3101. Determination and certification of parties.
15 3102. Ascertainment of offices for which candidates are to be
16 nominated.
17 3103. Notices regarding offices for nomination.
18 3104. Publication of notice of officers to be nominated and
19 elected.
20 3105. Notice of November election.
21 § 3101. Determination and certification of parties.
22 (a) Parties within Commonwealth.--The secretary shall
23 determine which organizations are parties within this
24 Commonwealth and, not later than the 13th Tuesday preceding each
25 primary, transmit to each commission a list of parties which are
26 entitled to nominate candidates at primaries.
27 (b) Parties in each county.--Each commission shall determine
28 which organizations are parties within the county and, not later
29 than the 13th Tuesday preceding each primary, transmit to the
30 secretary a list of parties which are entitled to nominate
19870H0884B0965 - 193 -
1 candidates at primaries in its county.
2 § 3102. Ascertainment of offices for which candidates are to be
3 nominated.
4 The secretary, prior to each primary, shall ascertain the
5 various national and State offices to be filled at the ensuing
6 November election for which candidates are to be nominated. Each
7 commission, prior to each primary, shall ascertain the various
8 public offices in its political subdivisions, wards and election
9 districts to be filled at the ensuing November election for
10 which candidates are to be nominated.
11 § 3103. Notices regarding offices for nomination.
12 (a) Information from municipal clerks and party chairmen.--
13 To assist the respective commissions in ascertaining the offices
14 to be filled, the clerks or secretaries of the various political
15 subdivisions, with the advice of their respective solicitors, on
16 or before the 13th Tuesday preceding the municipal primary,
17 shall send to the commission of their respective counties a
18 written notice setting forth all public offices to be filled in
19 their respective political subdivisions at the ensuing municipal
20 election and for which candidates are to be nominated at the
21 ensuing primary. It is also the duty of the chairman of the
22 State committee of each party to forward to the secretary and to
23 the respective commissions, on or before the thirteenth Tuesday
24 preceding the general primary, a written notice setting forth
25 the number of delegates and alternate delegates to the national
26 convention of the party who are to be elected in this
27 Commonwealth at large at the ensuing primary, and the number of
28 the delegates and alternate delegates who are to be elected at
29 that primary in the county, or in any district within the
30 county, or of which it forms a part. The notice shall also set
19870H0884B0965 - 194 -
1 forth the number of members of the national committee, if any,
2 who, under the national party rules, are to be elected at the
3 primary in this Commonwealth at large, and the number of members
4 of the State committee to be elected at the primary in the
5 county, or in any district, or part of a district within the
6 county. It is also the duty of the chairman of the county
7 committee of each party, on or before the 13th Tuesday preceding
8 the general primary, to send to the commission of the county a
9 written notice setting forth all party offices to be filled in
10 the county at the ensuing primary.
11 (b) Notice by Court Administrator.--On or before the 15th
12 Tuesday before the primary in each odd-numbered year the Court
13 Administrator of Pennsylvania shall certify to the secretary
14 such information as may be necessary to specify the magisterial
15 districts in which district justices will be elected at the
16 municipal election in such year. Except as otherwise expressly
17 ordered by the Supreme Court with respect to any particular
18 magisterial districts, orders establishing or modifying
19 magisterial districts entered after the 19th Tuesday before the
20 primary in an odd-numbered year shall not affect the number and
21 boundaries of magisterial districts certified to the secretary
22 for the purposes of the primary and the ensuing municipal
23 election. Should any political subdivision or part thereof,
24 other than a city of the first class, be omitted in the
25 description of the magisterial districts so certified, the
26 political subdivision or part thereof shall be included as a
27 part of the magisterial district which completely surrounds it.
28 If the omitted political subdivision or part thereof is not
29 completely surrounded by one magisterial district, it shall
30 become part of that magisterial district to which it is
19870H0884B0965 - 195 -
1 contiguous within the same county. If there are two or more
2 contiguous magisterial districts, it shall become a part of that
3 magisterial district contiguous thereto which is located within
4 the same county and which has the least population as last
5 officially determined for the purpose of establishing
6 magisterial districts. Any municipal corporation or ward created
7 since the affected magisterial districts were last established,
8 and not specifically provided for in the order establishing the
9 affected magisterial districts, shall form a part of the
10 magisterial district or districts to which the territory within
11 the municipal corporation or ward is allotted by the provisions
12 of the most recent order establishing the affected magisterial
13 districts; and any municipal corporation or ward, or any portion
14 thereof, annexed to any other municipal corporation or ward
15 since the date of the order shall form a part of the magisterial
16 district to which the territory within the municipal corporation
17 or ward, or portion thereof, is allotted by the order.
18 (c) Notice of nominations to be made.--On or before the 13th
19 Tuesday preceding each primary, the secretary shall send to the
20 commission of each county a written notice designating all the
21 offices for which candidates are to be nominated therein, or in
22 any district of which the county forms a part, or in this
23 Commonwealth at large, at the ensuing primary, and for the
24 nomination to which candidates are required to file nomination
25 petitions in the office of the secretary, including that of
26 President of the United States. The notice shall also set forth
27 the number of presidential electors, United States senators,
28 representatives in Congress and Commonwealth officers, including
29 senators, representatives and judges of courts of record, to be
30 elected at the succeeding November election by a vote of the
19870H0884B0965 - 196 -
1 electors of this Commonwealth at large, or by a vote of the
2 electors of the county, or of any district therein, or of any
3 district of which the county forms a part.
4 § 3104. Publication of notice of officers to be nominated and
5 elected.
6 (a) General rule.--Beginning not earlier than 12 weeks nor
7 later than 11 weeks before any primary, the commission shall
8 publish as provided by section 104 (relating to publication of
9 notices), a notice setting forth the number of delegates and
10 alternate delegates to the national convention of each party who
11 are to be elected in this Commonwealth at large in the ensuing
12 primary, and the number of delegates and alternate delegates who
13 are to be elected at the primary in the county, or in any
14 district of which the county or part thereof forms a part, and
15 also setting forth the names of all public offices for which
16 nominations are to be made, and the names of all party offices,
17 including that of members of the national committee, if any, and
18 State committee, for which candidates are to be elected at the
19 primary in the county, or in any district of which the county or
20 part thereof forms a part, or in this Commonwealth at large. The
21 notice shall contain the date of the primary and shall be
22 published once each week for two successive weeks in cities of
23 the first class and once in all other counties.
24 (b) Primary election notices in second class counties.--The
25 commission in counties of the second class shall, not earlier
26 than ten days nor later than three days before each primary,
27 give notice of the primary by newspaper publication in the
28 county in accordance with section 104. The primary election
29 notice shall set forth the:
30 (1) Names of all public offices for which nominations
19870H0884B0965 - 197 -
1 are to be made.
2 (2) Names of all party offices for which candidates are
3 to be elected at the primary.
4 (3) Date of the primary and the hours during which the
5 polls will be open.
6 (4) Places at which the primary will be conducted in the
7 various election districts of the county.
8 The notice may include a portion of the form of the primary
9 ballots in reduced size.
10 § 3105. Notice of November election.
11 (a) General rule.-- The election commission shall, not
12 earlier than ten days nor later than three days before each
13 November election, give notice thereof by newspaper publication
14 in the county in accordance with section 104 (relating to
15 publication of notices), which shall be published twice in
16 cities of the first class and once in other counties. The notice
17 shall set forth the:
18 (1) Officers to be elected in this Commonwealth at large
19 or in the county or in any district of which the county or
20 part thereof forms a part, or in any municipal corporation,
21 school district, ward or other district which is contained in
22 the county.
23 (2) Names of the candidates for election to Federal,
24 Commonwealth, county and city offices, whose names will
25 appear upon the ballot or ballot labels.
26 (3) Text of all constitutional amendments and other
27 questions to be submitted.
28 (4) Places at which the election is to be held in the
29 various election districts of the county.
30 (5) Date of the election and the hours during which the
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1 polls will be open.
2 The notice may include a portion of the form of the ballot or
3 diagram of the face of a voting machine in reduced size.
4 (b) Changes in county's classification.--Upon the
5 ascertainment of offices to be filled at the municipal election
6 pursuant to change in the county's classification, the
7 commission shall give notice of all the offices by newspaper
8 publication at least twice in accordance with section 104,
9 indicating whether the nominations thereto were obtained at the
10 primary or are to be obtained as provided in section 2312
11 (relating to counties undergoing a change in classification).
12 Notice of the November election shall be given, as provided in
13 subsection (a), and shall set forth:
14 (1) Any existing county offices which will cease to
15 exist on the ensuing first Monday of January, indicating that
16 those offices and any candidates therefor will not appear as
17 such upon the ballots or ballot labels.
18 (2) Existing county offices which will continue and the
19 candidates therefor.
20 (3) County offices which will come into existence on the
21 ensuing first Monday of January and the candidates therefor.
22 SUBCHAPTER B
23 ACQUISITION OF VOTING EQUIPMENT
24 Sec.
25 3111. Authorization of voting equipment.
26 3112. Election on authorization of equipment.
27 3113. Acquisition and installation.
28 3114. Discontinuance.
29 3115. Temporary use of voting equipment.
30 3116. Examination and approval of voting equipment by
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1 secretary.
2 3117. Requirements for approval of machines.
3 3118. Requirements for approval of electronic voting systems.
4 3119. Payment for voting equipment.
5 § 3111. Authorization of voting equipment.
6 Any municipality may, by a majority vote of its electors
7 voting thereon cast at any election, authorize and direct the
8 use of voting machines or an electronic voting system for
9 registering or recording and computing the vote at elections
10 held in the municipality or in any part thereof.
11 § 3112. Election on authorization of equipment.
12 (a) Commission's submission of question on its own motion.--
13 The commission may, upon its own motion, submit to the electors
14 of the county, or of any municipal corporation thereof, at any
15 election, the question "Shall (voting machines) (an electronic
16 voting system) be used in (county, city, borough, incorporated
17 town or township)?"
18 (b) Mandatory submission of question.--The commission, upon
19 receipt from the governing body of a municipal corporation of a
20 certified copy of its resolution or upon the filing of a
21 petition signed by electors of the municipality, equal in number
22 to at least 10% of the total number of electors who voted in the
23 municipality at the preceding November election, but in no case
24 less than 50, unless the total number of electors who voted
25 therein at the preceding November election was less than 100, in
26 which case one-half of the number so voting shall be sufficient,
27 shall, at the next election, occurring at least 60 days
28 thereafter, submit to the electors of the municipality the
29 question framed as in subsection (a).
30 (c) Manner of submitting question.--The commission shall
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1 cause the question to be submitted at the ensuing election. The
2 election officers shall count the votes cast on the question and
3 shall make return thereof to the commission. Returns shall be
4 computed by the commission and a certificate of the total number
5 of electors voting "Yes" and of the total number of electors
6 voting "No" on the question shall be filed in the office of the
7 commission and copies certified by the commission shall be
8 immediately furnished to the secretary and to the county
9 commissioners or other appropriating authority.
10 (d) Effect of local vote in favor of voting machines.--Where
11 the electors of any municipal corporation vote in favor of the
12 adoption of voting machines, a vote on the question of adoption
13 of voting machines by the electors of the entire county
14 containing therein the municipal corporation, held at the same
15 time or at a subsequent time, the result of which vote is
16 against the adoption of voting machines, shall not be considered
17 a vote to discontinue the use of voting machines in that
18 municipal corporation.
19 (e) Resubmission.--If a majority of the electors of any
20 municipality voting on the question vote against the adoption of
21 voting machines or an electronic voting system, the question
22 shall not again be submitted to the voters of the municipality
23 within a period of 103 weeks.
24 (f) Provision of revenue to purchase voting machines.--
25 Before the question of the adoption of voting machines is
26 submitted to the electors of any municipality, the appropriating
27 authorities in the county shall ascertain whether current funds
28 will be available to pay for the machines or whether they have
29 power to increase the indebtedness of the county in an amount
30 sufficient to pay for them without the consent of the electors.
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1 If current funds are unavailable, and the power to increase the
2 indebtedness without the consent of the electors is lacking,
3 they shall submit to the electors of the county, at the same
4 election at which the adoption of voting machines is to be voted
5 on, the question whether the indebtedness of the county shall be
6 increased in an amount specified by them sufficient to pay for
7 the voting machines.
8 § 3113. Acquisition and installation.
9 (a) Purchase of voting machines and electronic voting
10 system.--If a majority of the electors voting on the question
11 votes in the affirmative, the commission shall purchase or lease
12 for each election district of the municipality one or more
13 voting machines or the components of an electronic voting system
14 of a kind approved by the secretary, of sufficient capacity to
15 accommodate the names of a reasonable number of candidates for
16 all public and party offices which are likely to be voted for at
17 any future election, and the commission shall notify the
18 secretary, in writing, that they have done so. The commission
19 shall provide machines in good working order and shall preserve
20 and keep them in repair. Voting machines of different kinds may
21 be used for different districts in the same municipality.
22 (b) Number of voting machines.--In each election district in
23 which voting machines are used, the commission may provide one
24 voting machine for each 350 registered voters or fraction
25 thereof, and shall provide one voting machine for each 600
26 registered voters or fraction thereof. The court, upon petition
27 presented by either the commission or by ten or more electors of
28 an election district, may order that one additional voting
29 machine be provided for that election district, if the court is
30 of the opinion that the additional voting machine is necessary
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1 in the district for the convenience of the voters and the public
2 interest.
3 (c) Primaries in cities of the first class.--In any city of
4 the first class, whenever there are so many candidates in a
5 primary as to require voting machines limited to the candidates
6 of one political party, there shall be two voting machines of
7 the same kind in any district for any party which has more than
8 350 registered voters in that district.
9 (d) Installation and discontinuance of paper ballots.--The
10 voting machines or the electronic voting system shall be
11 installed, either simultaneously or gradually, in municipalities
12 which adopt them. However, the electronic voting system shall be
13 fully implemented throughout the municipality within 103 weeks
14 after its approval by the electors. Upon the installation of
15 voting machines or the electronic voting system in any election
16 district, the use of the previous method of voting therein shall
17 be discontinued.
18 (e) Gradual installation.--If voting machines are installed
19 by a county gradually, they may be introduced:
20 (1) In alphabetical order by municipal corporation, and
21 within each by numerical or alphabetical order by wards and
22 election districts. In any event, the machines shall be
23 installed as rapidly as practicable after the electors have
24 voted in favor of them.
25 (2) In the case of counties, by legislative districts
26 with priority in installation being given to municipal
27 corporations in the order of their descending population rank
28 according to the last official decennial census, and within
29 each by numerical order by wards and election districts.
30 (f) Procedure upon commission's failure to procure.--If the
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1 electors have approved the adoption of voting machines or an
2 electronic voting system in any municipality, and the commission
3 has not within one year after the vote executed a contract or
4 contracts providing for the purchase, lease or other procurement
5 thereof for use at the first election occurring at least one
6 year and 60 days after the vote, then the secretary shall
7 immediately notify the commission, in writing, that, after the
8 expiration of 30 days, he will award, make and execute the
9 contract or contracts on behalf of the county, unless the
10 commission has made and executed the contract prior to the
11 expiration of that period and has notified him, in writing, that
12 they have done so. If, upon the expiration of the 30 days, the
13 commission still has not made and executed the required contract
14 or contracts, the secretary, on behalf of the county and upon
15 the approval of the Attorney General as to form, shall thereupon
16 award, make and execute the contract or contracts for each
17 election district within the municipality. The cost of the
18 procurement of the machines or the system, including the
19 preparation and printing of specifications, delivery and all
20 other necessary expenses incidental thereto shall be the debt of
21 the county. Upon the certificate of the secretary, it is the
22 duty of the controller, if any, to allow, and of the treasurer
23 of the county to pay the sum out of any appropriation available,
24 or out of the first unappropriated moneys that come into the
25 treasury of the county. If the secretary finds it impracticable
26 to procure the machines or the system for installation in each
27 election district of the municipality for use at the election
28 then next ensuing, he shall provide for gradual installation
29 pursuant to subsection (e) in as many election districts of the
30 municipality as is practicable and, as soon thereafter as
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1 practicable, shall provide for gradual installation pursuant to
2 subsection (e) in the remainder of the election districts of the
3 municipality.
4 (g) Purchase for demonstration.--Whenever, under the
5 provisions of this chapter, the question of the adoption of
6 voting machines or an electronic voting system is to be
7 submitted to the electors, the commission shall purchase, lease
8 or otherwise procure voting machines or those parts of the
9 electronic voting system used by the voter in a quantity
10 sufficient for reasonable demonstration of the equipment in the
11 municipality prior to the election on the question.
12 (h) Rental of additional voting equipment.--If it appears at
13 any election that the commission requires additional voting
14 equipment for the use of the electors, the commission may enter
15 into a contract or contracts for the rental of sufficient
16 equipment for the election.
17 § 3114. Discontinuance.
18 Any municipality may, by a majority vote of its qualified
19 electors cast at any November election held not earlier than 103
20 weeks after they have voted to adopt voting machines or an
21 electronic voting system, direct the discontinuance of the use
22 thereof. The question for the discontinuance shall be submitted
23 to the electors, subject to the same requirements as to
24 resolution or petition and signatures thereon, as are set forth
25 in section 3112(a) and (b) (relating to election on
26 authorization of equipment). The question shall be submitted in
27 the following form: "Shall the use of (voting machines) (an
28 electronic voting system) be continued in (county, city,
29 borough, incorporated town or township)?" The question as to
30 discontinuance shall be submitted to the electors of the
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1 municipality which voted on the question of the adoption
2 thereof. The question of discontinuance shall not be submitted
3 to the electors of any municipal corporation forming a part only
4 of any county which has previously voted to adopt voting
5 machines or an electronic voting system for the entire county
6 unless the electors of the municipal corporation have
7 previously, by separate vote of its electors, voted in favor of
8 such equipment. Where the electors of any municipal corporation
9 and the electors of the entire county containing therein the
10 municipal corporation both have voted by separate questions in
11 favor of the adoption of voting machines or an electronic voting
12 system, a subsequent vote by the electors of the entire county
13 in favor of discontinuance shall not be considered as a vote to
14 discontinue the use of voting machines or an electronic voting
15 system in the municipal corporation.
16 § 3115. Temporary use of voting equipment.
17 (a) Voting machines.--If the electors have authorized the
18 use of voting machines in a county and if the commission has
19 made a gradual installation thereof, then the commission may
20 authorize the temporary installation of voting machines approved
21 by the secretary for elections in one or more election districts
22 of the county. The use of the voting machines shall be as valid
23 for all purposes as if the voting machines had been permanently
24 installed.
25 (b) Experimental use of electronic voting systems.--The
26 commission may provide for experimental use at any election in
27 one or more election districts of an electronic voting system
28 approved by the secretary. The use of the system shall be as
29 valid for all purposes as if the electronic voting system had
30 been adopted.
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1 § 3116. Examination and approval of voting equipment by
2 secretary.
3 (a) Requests for examination.--Any person interested in the
4 manufacture or sale of any voting machine or electronic voting
5 system may request the secretary to examine it. Any ten or more
6 electors of this Commonwealth may request the secretary to
7 reexamine any voting machine or electronic voting system that
8 was examined and approved by him. Before the examination or
9 reexamination, the person requesting the examination or
10 reexamination shall pay to the State Treasurer an examination
11 fee of $450. The secretary may at any time reexamine any voting
12 machine or electronic voting system.
13 (b) Examination and approval.--The secretary shall appoint
14 three examiners, of whom one shall be an expert in patent law
15 and the other two shall be experts in mechanics, electronic
16 computer systems, automatic tabulating equipment or such other
17 fields, as in the judgment of the secretary, shall be reasonably
18 related to the operation of the voting machine or electronic
19 voting system under examination, who shall file a written report
20 on the system. The secretary himself shall examine the voting
21 machine or electronic voting system and file his own report,
22 stating whether, in his opinion and upon consideration of the
23 reports of the examiners, the system examined can be safely used
24 by voters at elections and complies with the requirements of
25 section 3117 (relating to requirements for approval of machines)
26 or 3118 (relating to requirements for approval of electronic
27 voting systems). If he approves the machine or system it may be
28 used at elections. With respect to any electronic voting system
29 approved for use by the secretary, his report shall specify the
30 capacity of the components of that system, the number of voters
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1 who may reasonably be accommodated by the voting devices and
2 automatic tabulating equipment which comprise the system and the
3 number of additional clerks, if any, that may be required based
4 on the number of electors in any election district in which the
5 system is to be used, the specifications being based upon the
6 reports of the examiners and the secretary's own examination of
7 the system. Any county which adopts any such system shall
8 provide the components of the system in a number no less than
9 that in accordance with the minimum capacity standards so
10 prescribed by the secretary.
11 (c) System not approved.--No kind of voting machine or
12 electronic voting system shall be used at any election unless it
13 has been approved under this section. Upon the reexamination of
14 any machine or system previously approved, if it appears that
15 the machine or system so reexamined no longer can be used safely
16 by voters at elections or no longer complies with the applicable
17 requirements, the approval thereof shall immediately be revoked
18 by the secretary and that machine or system shall not thereafter
19 be used or purchased for use in this Commonwealth.
20 (d) Improved system.--When a machine or system has been
21 approved, no improvement or change that does not impair its
22 accuracy, efficiency or capacity or its compliance with the
23 requirements shall render necessary the reexamination or
24 reapproval of the machine or system.
25 (e) Prohibited pecuniary interest.--The secretary, any
26 examiner and any member of a commission shall not have any
27 pecuniary interest in any voting machine or electronic voting
28 system, in any of the components thereof or in the design,
29 manufacture or sale thereof.
30 (f) Compensation of examiners.--Each examiner shall receive
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1 compensation of $150 for each type of voting machine or
2 electronic voting system examined by him.
3 § 3117. Requirements for approval of machines.
4 No voting machine shall, upon any examination or
5 reexamination, be approved by the secretary or by any examiner
6 unless it:
7 (1) Provides facilities for voting for such candidates
8 as may be nominated and upon such questions as may be
9 submitted.
10 (2) Permits each elector, at elections other than
11 primaries, to vote a straight party ticket in one operation
12 and, in one operation, to vote for all the candidates of one
13 party for presidential electors and, in one operation, to
14 vote for all the candidates of one party for every office to
15 be voted for, except those offices as to which he votes for
16 individual candidates.
17 (3) Permits each elector, at elections other than
18 primaries, to vote a ticket selected from the nominees of any
19 and all parties, from the nominees of any and all political
20 bodies and from persons not in nomination.
21 (4) Permits each elector to vote, at any election, for
22 any person and for any office for whom and for which he is
23 lawfully entitled to vote, whether or not the name of the
24 person appears upon a ballot label as a candidate and to vote
25 for as many persons for an office as he is entitled to vote
26 for, and to vote for or against any question upon which he is
27 entitled to vote.
28 (5) Precludes each elector from voting for any candidate
29 or upon any question for whom or upon which he is not
30 entitled to vote, and from voting for more persons for any
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1 office than he is entitled to vote for, and from voting for
2 any candidate for the same office or upon any question more
3 than once, except in districts and for offices where
4 cumulative voting is authorized by law.
5 (6) Is capable of adjustment by election officers so as
6 to permit each elector at a primary to vote only for the
7 candidates for nonpartisan nomination, and for the candidates
8 seeking nomination by his party and so as to preclude him
9 from voting for the candidates seeking nomination by any
10 other party.
11 (7) Permits each elector to deposit, write in or affix
12 upon receptacles or devices provided for the purpose, ballots
13 containing the names of persons for whom he desires to vote,
14 whose names do not appear upon the machine.
15 (8) Permits each elector to change his vote for any
16 candidate or upon any question appearing upon the ballot
17 labels, up to the time he begins the final operation to
18 register his vote or indicates his intention to register his
19 vote.
20 (9) Permits and requires voting in absolute secrecy and
21 is so constructed that no person can see or know for whom any
22 other elector has voted or is voting, except an elector whom
23 he is assisting in voting.
24 (10) Has voting devices for separate candidates and
25 questions arranged in separate parallel rows or columns, so
26 that, at any primary, one or more adjacent rows or columns
27 may be assigned to the candidates of a party and have
28 parallel office columns or rows transverse thereto.
29 (11) Has a counter or other device, the register of
30 which is visible from the outside of the machine, which shows
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1 during any period of voting the total number of electors who
2 have operated the machine.
3 (12) Has a protective counter or other device, the
4 register of which cannot be reset, which shall record the
5 cumulative total number of movements of the operating
6 mechanism.
7 (13) Is provided with a lock or locks, by the use of
8 which, immediately after the polls are closed or the
9 operation of the machine for an election is completed, all
10 movement of the registering mechanism is absolutely
11 prevented.
12 (14) Is provided with a screen, hood or curtain, which
13 conceals the actions of the elector while voting.
14 (15) Is constructed of material of good quality, in a
15 neat and workmanlike manner.
16 (16) When properly operated, registers or records
17 correctly and accurately every vote cast.
18 (17) Is so constructed that an elector may readily learn
19 the method of operating it.
20 (18) Is so constructed and controlled that during the
21 progress of voting it precludes every person from seeing or
22 knowing the number of votes registered for any candidate and
23 from tampering with the registering mechanism.
24 (19) Is safely transportable.
25 (20) If it is of a type equipped with mechanism for
26 printing paper proof sheets and not requiring the counters to
27 be made visible in order to canvass the votes recorded on the
28 machine, it is so constructed that the door or other device
29 concealing the counters may be equipped with a lock or locks,
30 requiring the simultaneous use of three separate and
19870H0884B0965 - 211 -
1 substantially different keys to open or operate them.
2 § 3118. Requirements for approval of electronic voting systems.
3 No electronic voting system shall, upon any examination or
4 reexamination, be approved by the secretary or by any examiner,
5 unless it:
6 (1) Provides for voting in absolute secrecy and prevents
7 any person from seeing or knowing for whom any voter, except
8 one receiving assistance, has voted or is voting.
9 (2) Provides facilities for voting for such candidates
10 as may be nominated and upon such questions as may be
11 submitted.
12 (3) Permits each voter, at elections other than
13 primaries, to vote a straight party ticket by one mark or
14 act, and by one mark or act to vote for all the candidates of
15 one party for presidential electors and by one mark or act to
16 vote for all the candidates of one party for every office to
17 be voted for. Every mark or act shall be equivalent to and
18 shall be counted as a vote for every candidate of the party
19 so marked including its candidates for presidential electors,
20 except with respect to those offices as to which the elector
21 has registered a vote for individual candidates of the same
22 or another party or political body, in which case the
23 automatic tabulating equipment shall credit the vote for that
24 office only for the candidate individually so selected,
25 notwithstanding the fact that the elector may not have
26 individually voted for the full number of candidates for that
27 office for which he was entitled to vote.
28 (4) Permits each elector, at elections other than
29 primaries, to vote a ticket selected from the nominees of any
30 and all parties, from the nominees of any and all political
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1 bodies and from any persons not in nomination.
2 (5) Permits each elector to vote for any person and any
3 office for whom and for which he is lawfully entitled to
4 vote, whether or not the name of the person appears upon the
5 ballot as a candidate.
6 (6) Permits each elector to vote for as many persons for
7 any office as he is entitled to vote for, and to vote for or
8 against any question upon which he is entitled to vote, and
9 precludes each elector from voting or from having his vote
10 tabulated for any candidate or upon any question for whom or
11 upon which he is not entitled to vote.
12 (7) If it is of a type that registers the vote
13 electronically, precludes each elector from voting for more
14 persons for any office than he is entitled to vote for or
15 upon any question more than once.
16 (8) Precludes each elector from voting or from having
17 his vote tabulated more than once for any candidate for the
18 same office or upon any question, except in districts and for
19 offices where cumulative voting is authorized by law.
20 (9) Permits each elector at a primary to vote only for
21 the candidates seeking nomination by the elector's party and
22 for any candidate for nonpartisan nomination and for any
23 question upon which he is entitled to vote.
24 (10) If it is of a type that registers the vote
25 electronically, permits each voter to change his vote for any
26 candidate or upon any question appearing on the official
27 ballot up to the time that he takes the final step to
28 register his vote and to have his vote computed. If it is of
29 a type that uses paper ballots or ballot cards to register
30 the vote and automatic tabulating equipment to compute the
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1 votes, the system shall provide that a voter who spoils his
2 ballot may obtain another ballot.
3 (11) Is suitably designed for the purpose used, is
4 constructed in a neat and workmanlike manner of durable
5 material of good quality, is safely and efficiently usable in
6 the conduct of elections and is suitably designed and
7 equipped to count the ballots cast at each district
8 accurately, which accuracy shall be demonstrated to the
9 secretary.
10 (12) Provides acceptable ballot security procedures and
11 impoundment of ballots to prevent tampering with or
12 substitution of any ballots or ballot cards.
13 (13) When properly operated, records correctly and
14 computes and tabulates accurately every valid vote
15 registered, and provides a permanent physical record of each
16 vote cast.
17 (14) Is safely transportable.
18 (15) Is so constructed that an elector may readily learn
19 the method of operating it.
20 (16) If the voting system is of a type which provides
21 for the computation and tabulation of votes at the district
22 level, the district component of the automatic tabulating
23 equipment shall include the following mechanisms or
24 capabilities:
25 (i) A public counter, the register of which is
26 visible from the outside of the automatic tabulating
27 equipment component into which the ballots are entered,
28 which shall show during any period of operation the total
29 number of ballots entered for computation and tabulation.
30 (ii) A lock or locks, by the use of which all
19870H0884B0965 - 214 -
1 operation of the tabulation element of the automatic
2 tabulating equipment is absolutely prevented immediately
3 after the polls are closed or where the tabulation of
4 votes is completed.
5 (iii) It is so constructed and controlled that,
6 during the progress of voting, it precludes any person
7 from seeing or knowing the number of votes registered for
8 any candidate or question and precludes any person from
9 tampering with the tabulating element.
10 (iv) If the number of choices recorded for any
11 office or on any question exceeds the number for which
12 the voter is entitled to vote, it shall reject all
13 choices recorded on the ballot for that office or
14 question. If used during the period of voting it may also
15 have the capacity to indicate to a voter that he has
16 improperly voted for more candidates for any office than
17 he is entitled to vote for and in such case it shall have
18 the capacity to permit the voter to mark a new ballot or
19 to forego his opportunity to make such correction.
20 (v) It shall be equipped with an element which
21 generates a printed record at the beginning of its
22 operation which verifies that the tabulating elements for
23 each candidate's position and each question and the
24 public counter are all set to zero and with an element
25 which generates a printed record at the finish of its
26 operation of the total number of voters whose ballots
27 have been tabulated, the total number of votes cast for
28 each candidate whose name appears on the ballot and the
29 total number of votes cast for or against any question
30 appearing on the ballot.
19870H0884B0965 - 215 -
1 (17) If the voting system is of a type which provides
2 for the computation and tabulation of all votes at a central
3 counting center or if it provides for the tabulation of
4 district totals at such a central counting center, the
5 central automatic tabulating equipment shall include the
6 following mechanisms or capabilities:
7 (i) It shall be constructed so that no person can
8 tamper with the tabulating element during the course of
9 its operation.
10 (ii) If the number of choices for an office or on
11 any question exceeds the number for which the voter is
12 entitled to vote, it shall reject all choices recorded on
13 the ballot for that office or question.
14 (iii) It shall have a means by which to verify that
15 the counters for each candidate position and for each
16 question are all set to zero and shall be able to
17 generate a printed record of each election district
18 showing the total number of voters whose ballots have
19 been tabulated, the total number of votes cast for each
20 candidate whose name appears on the ballot and the total
21 number of votes cast for or against any question
22 appearing on the ballot. It may also be capable of
23 generating cumulative election reports.
24 § 3119. Payment for voting equipment.
25 The county commissioners or such other authority as levies
26 the taxes for county purposes of any county which adopts voting
27 machines or an electronic voting system or of any county in
28 which a municipal corporation is located which adopts the
29 equipment shall, upon the procurement thereof, provide for
30 payment by the county. Bonds or other evidences of indebtedness
19870H0884B0965 - 216 -
1 may be issued in accordance with law to meet all or any part of
2 the cost of the voting equipment. In the case of payment for
3 voting machines, the bonds or other evidences of indebtedness
4 shall be payable not later than 30 years from their date of
5 issuance.
6 SUBCHAPTER C
7 PREPARATION OF OFFICIAL BALLOTS, SUPPLIES
8 AND EQUIPMENT
9 Sec.
10 3131. General arrangement of ballots and ballot labels.
11 3132. Arrangement of ballots and ballot labels at primaries.
12 3133. Arrangement of ballots and ballot labels at elections
13 other than primaries.
14 3134. Paper ballots.
15 3135. Form of paper ballots at primaries.
16 3136. Form of paper ballots for November and special
17 elections.
18 3137. Form of ballot labels on voting machines.
19 3138. Form of ballot labels on electronic voting devices.
20 3139. Number of ballots to be printed and specimen ballots.
21 3140. Public availability of election materials.
22 3141. Duties of commissions as to accuracy and safekeeping of
23 ballots.
24 3142. Record of paper ballots.
25 3143. Instruction of electors prior to election.
26 3144. Elector's certificates.
27 3145. Preparation of voting equipment.
28 3146. Delivery of ballots and supplies.
29 3147. Delivery of machines and supplies.
30 3148. Delivery of electronic voting systems and supplies.
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1 § 3131. General arrangement of ballots and ballot labels.
2 (a) General form.--From the lists furnished by the secretary
3 under sections 1910 (relating to casting of lots for ballot
4 position in primary) and 2521(b) (relating to certification of
5 candidates by secretary to commissions) and from petitions and
6 papers filed in their office, the commission shall print the
7 official paper ballots or arrange the ballot labels. The ballots
8 or ballot labels shall vary in form only as this title requires
9 or as the names of districts, offices and candidates make
10 necessary. The secretary shall prescribe the general form of the
11 ballot and ballot labels by regulation.
12 (b) Arrangement of offices.--The offices for which
13 candidates are to be elected shall be arranged in the following
14 order:
15 (1) President and Vice President of the United States.
16 (2) United States Senator.
17 (3) Governor and Lieutenant Governor.
18 (4) Attorney General.
19 (5) Auditor General.
20 (6) State Treasurer.
21 (7) Other offices other than judicial to be elected by
22 the electors of this Commonwealth at large, in the order
23 determined by the secretary.
24 (8) Justice of the Supreme Court.
25 (9) Judge of the Superior Court.
26 (10) Judge of the Commonwealth Court.
27 (11) Representative in Congress.
28 (12) Senator in the General Assembly.
29 (13) Representative in the General Assembly.
30 (14) Judge of the court of common pleas.
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1 (15) County commissioner.
2 (16) Other offices to be filled by the electors of an
3 entire county.
4 (17) District justice.
5 (18) Member of the board of school directors.
6 (19) Mayor.
7 (20) Member of city council, borough council, board of
8 township commissioners or board of township supervisors.
9 (21) Other offices to be filled by the electors of an
10 entire municipal corporation, in the order determined by the
11 commission, consistent with the regulations promulgated by
12 the secretary.
13 (22) Constable.
14 (23) Judge of election.
15 (24) Inspector of election.
16 (25) Other elective offices of any political district,
17 in the order determined by the commission, consistent with
18 the regulations promulgated by the secretary.
19 (26) Delegate at large to national party convention.
20 (27) Alternate delegate at large to national party
21 convention.
22 (28) District delegate to national party convention.
23 (29) District alternate delegate to national party
24 convention.
25 (30) Member of State committee of a party.
26 (31) Member of county party committee.
27 (32) Other party offices, in the order determined by the
28 commission consistent with the regulations promulgated by the
29 secretary.
30 (c) Designation of number of candidates.--Under the title of
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1 the offices where more than one candidate is to be voted for,
2 shall be printed "Vote for not more than _________"; the blank
3 space shall indicate the number of candidates to be voted for
4 the particular office.
5 (d) Absentee ballots.--Except as provided in section 3133(c)
6 (relating to arrangement of ballots and ballot labels at
7 elections other than primaries), official ballots for absentee
8 electors qualified to vote only for certain offices shall permit
9 the elector to vote for the candidates for those offices only.
10 (e) Election on questions.--When constitutional amendments
11 or other questions are submitted to a vote of the electors, each
12 amendment or other question so submitted may be printed upon the
13 ballot or ballot label in a separate area from the groups of
14 candidates for the various offices, and shall be so printed when
15 required by law. Questions so submitted shall be printed in
16 brief form of not more than 75 words, the language of which
17 shall be determined by the secretary in the case of
18 constitutional amendments or other questions to be voted on by
19 the electors of this Commonwealth at large, and by the
20 commission in other cases.
21 (f) Candidates with similar surnames.--If two or more
22 candidates for the same office have the same or similar
23 surnames, the commission shall, upon the request of any such
24 candidate filed in writing not later than five days after the
25 last day for filing nomination petitions, certificates or
26 papers, print the occupation or residence of the candidate
27 filing the request on the ballot or ballot labels opposite or
28 under his name.
29 (g) Names of substituted candidates.--As soon as any
30 substituted candidate has been nominated under Subchapter C of
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1 Chapter 23 (relating to substituted nominations), his name shall
2 be substituted on the ballots or ballot labels in place of that
3 of the candidate who has died or withdrawn.
4 § 3132. Arrangement of ballots and ballot labels at primaries.
5 (a) Arrangement of names of candidates.--At primaries, the
6 names of candidates shall be arranged under the title of the
7 office for which they are candidates and shall be printed in the
8 order determined by the casting of lots as provided by this
9 title. Opposite or under the name of each candidate, except
10 candidates for the office of President of the United States and
11 candidates for delegate or alternate delegate to a national
12 party convention, who is to be voted for by the electors of more
13 than one county, shall be printed the name of the county in
14 which the candidate resides; and opposite or under the name of
15 each candidate, except candidates for delegate or alternate
16 delegate to a national party convention, who is to be voted for
17 by the electors of an entire county or any congressional,
18 senatorial or representative district, within the county, shall
19 be printed the name of the municipal corporation or ward in
20 which the candidate resides. Except for the office of judge of a
21 court of record, school director in districts where that office
22 is elective, or district justice, no candidate's name shall be
23 printed as a candidate for any office upon the primary ballot of
24 more than one party.
25 (b) Candidates for party offices.--At primaries, the names
26 of candidates for the offices of delegate or alternate delegate
27 to a national party convention, member of the State committee,
28 member of a county committee and any other party office as
29 prescribed by the bylaws of the party shall appear after the
30 names of the candidates for all public offices.
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1 (c) Presidential primaries.--Ballots used in any primary in
2 which delegates are to be elected to a national convention at
3 which a candidate for President of the United States is to be
4 nominated shall contain a notation next to the name of each
5 candidate for delegate or alternate delegate in accordance with
6 section 1907 (relating to statements of delegates to national
7 convention). Where the names of the delegate or alternate
8 delegate and the presidential candidate he is supporting both
9 appear, the print size of the name of the delegate or alternate
10 delegate shall be equal to the size of the name of the
11 particular presidential candidate to whom he is committed or, in
12 the case where he is uncommitted, the word "uncommitted" shall
13 appear in the same size print. At the written request of a State
14 committee, filed with the party rules and by the deadline
15 prescribed by section 1708 (relating to selection of delegates
16 to national conventions), a party may have a "no preference"
17 column added to the list of candidates for the office of
18 President of the United States at the primary. The ballot
19 position for "no preference" shall be drawn in the same manner
20 as for the candidates for that office, except that this position
21 shall be drawn by the secretary or his designee.
22 § 3133. Arrangement of ballots and ballot labels at elections
23 other than primaries.
24 (a) Arrangement of names of candidates.--The names of
25 candidates shall be arranged under the title of the office for
26 which they are candidates and shall be printed in the order of
27 the votes obtained by the parties or political bodies at the
28 last gubernatorial election, beginning with the party or
29 political body obtaining the highest number of votes. In the
30 case of parties or political bodies not represented on the
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1 ballot at the last gubernatorial election, the names of the
2 candidates shall be arranged alphabetically, according to the
3 name of their party or political body. In the case of offices
4 for which two or more candidates are to be voted for, the
5 candidates of each party shall be arranged together in the order
6 of the number of votes obtained by them at the primary,
7 beginning with the candidates obtaining the highest number of
8 votes, and the candidates of each political body shall be
9 arranged in the order in which their names were placed in their
10 nomination paper.
11 (b) Space for straight ticket vote.--In order that each
12 elector may have the opportunity of designating his choice for
13 all the candidates nominated by one party or political body,
14 each ballot or ballot label shall include a list of the names of
15 all the parties or political bodies represented on the ballot or
16 ballot label which have nominated candidates to be voted for at
17 the election. For the purpose of the space for straight ticket
18 votes the names of the parties or political bodies shall be
19 arranged in the order of the votes obtained by the parties or
20 political bodies at the last gubernatorial election, beginning
21 with the one obtaining the highest number of votes. In the case
22 of parties or political bodies not represented on the ballot at
23 the last gubernatorial election, the names shall be arranged
24 alphabetically after the names of the parties and political
25 bodies so represented.
26 (c) Presidential elections.--At elections at which
27 presidential electors are to be elected, the names of the
28 candidates of the respective parties or political bodies for
29 President and Vice President of the United States shall be
30 printed together in pairs under the title "Presidential
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1 Electors." The names of the presidential electors shall not be
2 printed on the ballots or ballot labels. Official ballots for
3 absentee electors qualified to vote only for presidential and
4 vice presidential electors shall contain the names of the
5 presidential and vice presidential candidates, but the names of
6 the candidates for other offices, including presidential
7 elector, shall not appear thereon.
8 § 3134. Paper ballots.
9 (a) Use of paper ballots.--All elections in this
10 Commonwealth shall be conducted by paper ballot, except in
11 districts in which voting machines or an electronic voting
12 system are used under Subchapter B (relating to acquisition of
13 voting equipment). All ballots shall be provided by the
14 respective commissions and, except as otherwise provided in this
15 title, only official ballots furnished by the commissions shall
16 be cast or counted at any election.
17 (b) General characteristics.--Paper ballots shall be at
18 least six inches long and four inches wide and shall have a
19 margin extending beyond any printing. They shall be printed with
20 the same kind of type (which shall not be smaller than the size
21 know as "brevier" or "eight-point body") upon white paper of
22 uniform quality, without any impression or mark to distinguish
23 one from another and with sufficient thickness to prevent the
24 printed matter from showing through. Each ballot shall be
25 attached to a stub and all the ballots for the same election
26 district shall be bound together in books of 50, in such manner
27 that each ballot may be detached from its stub and removed
28 separately. The ballots for each party to be used at a primary
29 shall be bound separately.
30 (c) Stubs of ballots.--The stubs of the ballots shall be
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1 consecutively numbered and, in the case of primary ballots, the
2 number shall be preceded by an initial or abbreviation
3 designating the party name. The number and initial or
4 abbreviation which appears upon the stub shall also be printed
5 in the upper right-hand corner of the back of the ballot,
6 separated from the remainder of the ballot by a diagonal
7 perforated line so prepared that the upper right-hand corner of
8 the back of the ballot containing the number may be detached
9 from the ballot before it is deposited in the ballot box, and
10 beside that corner shall also be printed "remove numbered stub
11 immediately before depositing your ballot in ballot box."
12 § 3135. Form of paper ballots at primaries.
13 At primaries separate official ballots shall be prepared for
14 each party which shall be in substantially the following form:
15 OFFICIAL PRIMARY BALLOT OF (NAME) PARTY
16 _____ District, _____ Ward, City of __________________,
17 County of __________________, Commonwealth of Pennsylvania,
18 _________ primary held on the ___ day of _________, 19___.
19 Make a cross (X) or check (_/) mark in the square to the
20 right of each candidate for whom you wish to vote. If you
21 desire to vote for a person whose name is not on the ballot,
22 write, print or paste his name in the blank space provided
23 for that purpose. Mark ballot only in black lead pencil,
24 indelible pencil or blue, black or blue-black ink in fountain
25 pen or ballpoint pen. Use the same pencil or pen for all
26 markings you place on the ballot.
27 Before leaving the voting compartment, fold this ballot,
28 without displaying the markings, in the same way it was
29 folded when received, then leave the compartment and show the
30 ballot to one of the election officers who shall ascertain by
19870H0884B0965 - 225 -
1 an inspection of the number appearing upon the right hand
2 corner of the back of the ballot whether the ballot so
3 exhibited to him is the same ballot which you received before
4 entering the voting compartment. If it is the same, the
5 election officer shall direct you, without unfolding the
6 ballot, to remove the perforated corner containing the number
7 and you shall immediately deposit the ballot in the ballot
8 box. Any ballot deposited in the ballot box at any primary or
9 election without having the number torn off shall be void and
10 shall not be counted.
11 Immediately following the instructions shall appear the list of
12 officers and candidates, in the order provided in section
13 3131(b) (relating to general arrangement of ballots and ballot
14 labels). At the right of the name of each candidate there shall
15 be a square of sufficient size for the convenient insertion of a
16 cross (X) or check (_/) mark. There shall be left at the end of
17 the list of candidates for each office, or under the title of
18 the office itself if there are no candidates who have filed
19 nomination petitions therefor, as many blank spaces as there are
20 persons to be voted for, for such office, in which space the
21 elector may insert the name of any person whose name is not
22 printed on the ballot as a candidate for such office. On the
23 back of each ballot shall be printed in prominent type the words
24 "OFFICIAL PRIMARY BALLOT OF (NAME) PARTY FOR" followed by the
25 designation of the election district for which it is prepared,
26 the date of the primary and the facsimile signatures of the
27 members of the commission.
28 § 3136. Form of paper ballots for November and special
29 elections.
30 (a) General form.--The official paper ballots for general,
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1 municipal and special elections used in the same election
2 district at any such election shall be alike and in
3 substantially the following form:
4 OFFICIAL BALLOT
5 _____ District, _____ Ward, City of __________________,
6 County of __________________, Commonwealth of Pennsylvania,
7 _________ election held on the ___ day of _________, 19___.
8 A cross (X) or check (_/) mark in the square opposite the
9 name of any candidate indicates a vote for that candidate.
10 To vote a straight party ticket, mark a cross (X) or
11 check (_/) mark in the square, in the "Party Column,"
12 opposite the name of the party of your choice. To vote for an
13 individual candidate of another party after making a mark in
14 the party square, mark a cross (X) or check (_/) mark
15 opposite his name. For an office where more than one
16 candidate is to be voted for, after marking in the party
17 square, you may divide your vote by marking a cross (X) or
18 check (_/) mark to the right of each candidate for whom you
19 desire to vote; for such offices, where the ballot is marked
20 in this manner, votes shall not be counted for candidates
21 unless individually marked.
22 To vote for a person whose name is not on the ballot,
23 write, print or paste his name in the blank space provided
24 for that purpose. A cross (X) or check (_/) mark in the
25 square opposite the name of the candidates of any party for
26 President and Vice President of the United States indicates a
27 vote for all the candidates of that party for presidential
28 elector. To vote for individual candidates for presidential
29 elector, write, print or paste their names in the blank
30 spaces provided for that purpose under the title
19870H0884B0965 - 227 -
1 "Presidential Electors." Mark the ballot only in black lead
2 pencil, indelible pencil or blue, black or blue-black ink, in
3 fountain pen or ballpoint pen; use the same pencil or pen for
4 all markings you place on the ballot.
5 Before leaving the voting compartment, fold this ballot,
6 without displaying the markings, in the same way it was
7 folded when received, then leave the compartment and show the
8 ballot to one of the election officers who shall ascertain by
9 an inspection of the number appearing upon the right-hand
10 corner of the back of the ballot whether the ballot so
11 exhibited to him is the same ballot which you received before
12 entering the voting compartment. If it is the same, the
13 election officer shall direct you to remove the perforated
14 corner containing the number without unfolding the ballot,
15 and you shall immediately deposit the ballot in the ballot
16 box. Any ballot deposited in the ballot box without having
17 the number torn off shall not be counted.
18 Following the instructions shall appear the spaces for straight
19 ticket voting and the list of offices and candidates, in the
20 order provided in section 3131(b) (relating to general
21 arrangement of ballots and ballot labels), and in substantially
22 the following form:
23 Party Column Presidential Electors
24 To vote a Straight Party (Vote for the candidates of
25 Ticket mark a cross (X) or one party for President and
26 check (_/) mark in this Vice President or insert the
27 column names of candidates.)
28 For
29 Democratic John Stiles
30 and
19870H0884B0965 - 228 -
1 Richard Doe,
2 Democratic _________________
3 For
4 Republican John Doe
5 and
6 Richard Roe,
7 Republican _________________
8 For
9 Socialist John Smith
10 and
11 William Jones,
12 Socialist __________________
13 Citizens
14 United States Senator
15 (Vote for one)
16 Richard Roe ...................................... Democratic
17 John Doe ......................................... Republican
18 Richard Stiles .................................... Socialist
19 Each office appearing on the ballot below United States senator
20 shall be in substantially the form provided for United States
21 senator. Opposite or under the name of each candidate shall be
22 printed the name of the party or political body nominating him
23 and at the right of the name there shall be a square of
24 sufficient size for the convenient insertion of a cross (X) or
25 check (_/) mark. On the back of each ballot shall be printed in
26 prominent type the words "OFFICIAL BALLOT," followed by the
27 designation of the election district for which it is prepared,
28 the date of the election and the facsimile signatures of the
29 members of the commission.
30 (b) Spaces for write-in votes.--There shall be left at the
19870H0884B0965 - 229 -
1 end of the group of candidates for President and Vice President
2 of the United States under the title "Presidential Electors," as
3 many blank spaces as there are presidential electors to be
4 elected, in which spaces the elector may insert the name of any
5 individual candidates for presidential electors for whom he
6 desires to vote. There shall also be left at the end of each
7 group of candidates for each other office, or under the title of
8 the office itself if no candidates have been nominated therefor,
9 as many blank spaces as there are persons to be voted for the
10 office, in which space the elector may insert the name of any
11 person or persons whose name is not printed on the ballot as a
12 candidate for such office.
13 (c) Space for straight ticket vote.--The space for the
14 straight ticket vote shall be printed on the extreme left of the
15 ballot and separated from the rest of the ballot by a space of
16 at least one-half inch. A square of sufficient size for the
17 convenient insertion of a cross (X) or check (_/) mark shall be
18 placed at the right of each party name.
19 (d) Candidates receiving more than one nomination.--Whenever
20 any candidate receives more than one nomination for the same
21 office, his name shall be printed once and the names of each
22 party so nominating him shall be printed opposite the name of
23 the candidate, arranged in the same order as candidates' names
24 are required to be arranged. At the right of all the party names
25 shall be a single square of sufficient size for the convenient
26 insertion of a cross (X) or check (_/) mark.
27 (e) Questions.--To the right of the statement of each
28 question shall be placed the words "yes" and "no," together with
29 squares to the right of each of sufficient size for the
30 convenient insertion of a cross (X) or check (_/) mark.
19870H0884B0965 - 230 -
1 § 3137. Form of ballot labels on voting machines.
2 (a) General characteristics.--Ballot labels shall be printed
3 in black ink, upon clear white material, of such size as will
4 fit the ballot frame and in plain clear type so as to be easily
5 readable by persons with normal vision. The form and arrangement
6 of ballot labels shall be determined by the commission. If the
7 construction of the machine requires it, the ballot labels for
8 each candidate, group of candidates, party or question shall
9 bear the designating letter or number of the counter on the
10 voting machine which will register or record votes therefor.
11 (b) General form.--The ballot label of each candidate or
12 group of candidates nominated or seeking nomination by a party,
13 shall contain the name of the party. The titles of offices may
14 be arranged horizontally or vertically, with the names of
15 candidates for an office arranged transversely under or opposite
16 the title of the office. The names of all candidates nominated
17 or seeking nomination by a party, except as provided in section
18 3133(b) (relating to arrangement of ballots and ballot labels at
19 elections other than primaries) for the office of presidential
20 elector, shall appear in adjacent rows or columns containing
21 generally the names of candidates nominated or seeking
22 nomination by such party.
23 (c) Arrangement at primaries.--At primaries, the ballot
24 labels, containing the names of candidates seeking nomination by
25 a party, shall be segregated on the face of the machine in
26 adjacent rows or columns by parties, the priority of the parties
27 on the ballot labels to be determined in the manner provided in
28 section 3133(a). At primaries, where there are a sufficient
29 number of ballot frames on one row or column to accommodate all
30 the candidates of a party, the names of all the candidates shall
19870H0884B0965 - 231 -
1 appear on that row or column in the order that was established
2 under sections 1910 (relating to casting of lots for ballot
3 position in primary) and 2521(a) (relating to certification of
4 candidates by secretary to commissions). However, if there are
5 four or more candidates for a particular office, the names of
6 the candidates may be divided between the rows or columns as
7 equally as possible so long as the proper order of names is
8 maintained. At primaries, if it is impossible or impracticable
9 to place on the ballot labels of one machine the names of all
10 candidates seeking nomination in all parties, the commission may
11 arrange for each election district the names of the candidates
12 on separate voting machines, except that the names of all
13 candidates seeking nomination in any one party shall appear on
14 one machine.
15 (d) Candidates of more than one political party.--When the
16 same person has been nominated for the same office by more than
17 one party, his name shall appear in the rows or columns
18 containing generally the names of candidates nominated by each
19 such party, his position in such rows or columns to be
20 determined by the number of votes he received at the primary in
21 the party entitled to priority on the ballot as determined by
22 the votes obtained at the last gubernatorial election.
23 (e) Identification of names with parties and political
24 bodies.--In elections other than primaries, the names of all
25 candidates of a party shall appear in the same row or column
26 and, except as provided in section 3133(b) for the office of
27 presidential elector, no other names shall appear in the same
28 row or column; there shall be a lever for straight party voting
29 to the left or top of each such column. The columns shall be
30 arranged as provided by section 3133(b), except as provided in
19870H0884B0965 - 232 -
1 this subsection. The names of all candidates of a political body
2 shall appear in the same row or column and, if the number of
3 parties and political bodies permits, each political body shall
4 be entitled exclusively to a separate row or column, with a
5 straight party lever. If, however, the number of parties and
6 political bodies renders it impossible or impracticable to so
7 arrange the political bodies, the political bodies shall not be
8 entitled to a straight party lever, and shall be listed by name
9 on the first left-hand or top row with the designating letter
10 and number of the ballot label where their candidates may be
11 found, together with the names of other political bodies whose
12 candidates may be interspersed on the same row or column.
13 § 3138. Form of ballot labels on electronic voting devices.
14 (a) Ballot labels.--Ballot labels used in conjunction with
15 ballot cards shall, as far as practicable, be in the same order
16 or arrangement as provided for paper ballots or voting machine
17 ballots, except that the information may be printed in vertical
18 columns or in a number of separate pages to be placed on the
19 voting device. Ballot labels shall be printed in plain clear
20 type in black ink of such size and arrangement as to fit the
21 construction of the voting device; and they shall be printed on
22 clear white material or on material of different colors to
23 identify different ballots or parts of the ballot and in
24 primaries to identify each party.
25 (b) Pages placed on voting device.--The pages placed on the
26 voting device shall be of sufficient number to include,
27 following the listing of particular candidates, the names of
28 candidates for any nonpartisan offices and any measures for
29 which an elector may vote at the election. For elections other
30 than primaries, the first ballot page shall list in the order
19870H0884B0965 - 233 -
1 that the parties are entitled to priority on the ballot, the
2 names of the parties with designating arrows so as to indicate
3 the voting square or position on the ballot card where the voter
4 may insert by one mark or punch the straight party ticket of his
5 choice. In a primary the pages placed on the voting device may
6 be arranged with the entire ballot label consisting of several
7 groups of pages, so that a separate group can be used to list
8 the names of candidates seeking nomination of each party, with
9 additional groups used to list any nonpartisan offices or
10 measures. Groups of pages may be identified by color or other
11 suitable means and electors shall be instructed to vote only for
12 candidates of the party of their choice and thereafter to vote
13 for any nonpartisan candidates or measures.
14 (c) Arrangement of titles of offices and names of
15 candidates.--On all ballot labels the titles of offices and the
16 names of candidates shall in all elections be arranged in
17 columns or rows in a series of separate pages, and in primaries
18 the names of candidates for an office shall appear in the order
19 that was established under sections 1910 (relating to casting of
20 lots for ballot position in primary) and 2521(a) (relating to
21 certification of candidates by secretary to commissions). The
22 office titles shall be printed above or at the side of the names
23 of candidates so as to indicate clearly the candidates for each
24 office and the number to be elected. In elections other than
25 primaries the party designation of each candidate shall be
26 printed to the right or below the candidate's name. All
27 candidates for one office shall be grouped on one page where
28 practical. If there are more candidates for an office than can
29 be printed in one column or on one ballot page, the ballot label
30 shall clearly indicate that the list of candidates is continued
19870H0884B0965 - 234 -
1 on the following column or page and, so far as possible, the
2 same number of names shall be printed on each column or page.
3 Arrows may be used to indicate the place to vote for each
4 candidate and for or against every question presented.
5 (d) Ballot cards to allow straight party vote.--In elections
6 other than primaries, the ballot cards shall include a voting
7 square or position whereby the voter may by one punch or mark
8 record a straight party ticket vote or may vote a split ticket
9 for the candidates of different parties or political bodies.
10 (e) Color of materials for primary.--In primaries, the
11 secretary shall choose a color for each party eligible to have
12 candidates on the ballot and a separate color for independent
13 electors. The ballot cards of paper ballots and ballot pages
14 shall be printed on card or paper stock of the color of the
15 party of the elector and the appropriate party affiliation or
16 independent status shall be printed on the ballot card or at the
17 top of the paper ballot and on the ballot pages.
18 (f) Other requirements of ballot cards.--Ballot cards, or
19 the portion thereof on which the voter registers his vote, shall
20 be of a size, design and stock suitable for processing by the
21 automatic tabulating equipment used in the voting system. Each
22 ballot card shall have an attached serially numbered perforated
23 stub, which shall be removed by an election officer before the
24 ballot card is deposited in the district automatic tabulating
25 equipment or in a secure ballot box. The name of the county and
26 facsimiles of the signatures of the members of the commission
27 shall be printed on the ballot card stub.
28 (g) Sample ballots.--Sample ballots, which shall be
29 facsimile copies of the official ballot or ballot labels, shall
30 be provided and posted in each polling place on election day.
19870H0884B0965 - 235 -
1 Sample ballots may be printed on a single page or on a number of
2 pages stapled together.
3 § 3139. Number of ballots to be printed and specimen ballots.
4 The commission shall provide for each election district for
5 the primary one book of 50 official ballots of each party for
6 every 45 registered and enrolled voters of the party and
7 fraction thereof appearing upon the district register and shall
8 provide for each election district for other elections one book
9 of 50 official ballots for every 45 registered electors and
10 fraction thereof appearing upon the district register. It may
11 also, in addition to the number of ballots required to be
12 printed for general distribution, have printed for each election
13 district for a primary no less than one book of 50 official
14 ballots of each party for the use of the absentee electors and
15 for each election district for other elections not less than one
16 book of official ballots for the use of the absentee electors.
17 It shall also, in addition to the number of ballots required to
18 be printed for general distribution, have printed 10% of such
19 number to be known as reserve official ballots, and on tinted
20 paper, 2% of such number to be known as reserve specimen
21 ballots, which ballots shall be kept at the office of the
22 commission for the use of any district if its ballots are lost,
23 destroyed or stolen. It shall also cause to be printed on tinted
24 paper and without the facsimile endorsements, permanent binding
25 or stubs, copies of the form of ballots provided for each voting
26 place at each election, which shall be called specimen ballots
27 and which shall be of the same size and form as the official
28 ballots. At each election they shall deliver to the election
29 officers, in addition to the official ballots to be used at the
30 election, specimen ballots for the use of the electors equal in
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1 number to 20% of official ballots delivered to the election
2 officers. At each primary, specimen ballots of each party shall
3 be furnished, equal in number to 20% of official ballots of the
4 party furnished to the election officers as provided in this
5 section.
6 § 3140. Public availability of election materials.
7 (a) Forms of ballots open to public inspection.--The
8 commission shall have on file in its office, on and after the
9 Thursday preceding each election, open to public inspection,
10 forms of the ballots and ballot labels, with the name and such
11 statements and notations as may be required printed thereon
12 which shall be used in each election district within the county.
13 (b) Ballots specimens furnished to candidates.--On the
14 Thursday preceding each primary, the commission shall, upon
15 request made at its office, deliver to each candidate whose name
16 is printed on the ballot of any party or to his authorized
17 representative, without charge, three specimen ballots of each
18 party for the entire district in which the candidate is to be
19 voted for. The candidate may, at his own expense, have printed
20 on different colored paper as many copies as he requires for
21 conducting his campaign.
22 (c) Ballot specimens furnished to county chairmen.--On the
23 Thursday preceding each November election, the commission shall,
24 upon request made at its office, deliver to the county chairman
25 or other authorized representative of each party and political
26 body in the county, without charge, two specimen ballots or
27 diagrams for each election district within the county in which
28 candidates of such party or political body are to be voted for.
29 The party or political body may, at its own expense, have
30 printed on different colored paper as many copies as it requires
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1 for conducting its campaign.
2 § 3141. Duties of commissions as to accuracy and safekeeping of
3 ballots.
4 The commission shall cause all the ballots and ballot labels
5 to be used to be accurately printed and they shall be
6 responsible for their safekeeping while in their possession or
7 that of their subordinates or agents. When it is shown by
8 affidavit that a mistake or omission has occurred in the
9 printing of official ballots or ballot labels for any election,
10 the court may, upon the application of any elector of the
11 county, require the commission to correct the mistake or
12 omission or to show cause why they should not do so.
13 § 3142. Record of paper ballots.
14 The commission shall keep a record of the number of official
15 ballots printed and furnished to each election district at each
16 election, the number of stubs, unused ballots and canceled
17 ballots subsequently returned and the disposition of the
18 additional official ballots provided.
19 § 3143. Instruction of electors prior to election.
20 (a) Cards of instructions and supplies.--Prior to each
21 election each commission shall prepare full instructions for the
22 guidance of electors in districts regarding the operation of the
23 method of voting used in that district. It shall print them,
24 together with such portions of this title as deemed advisable,
25 in large clear type on separate cards to be called cards of
26 instruction. It shall also prepare blank forms of oaths of
27 election officers, records of assisted voters, affidavits of
28 challenged electors and others, general and duplicate return
29 sheets, tally papers, statements, blank forms for numbered lists
30 of voters, with sufficient space for noting their party
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1 enrollment at primaries, notice of penalties for the information
2 of electors and election officers and other forms and supplies
3 required for use in each election district of the county. The
4 forms, blank books and other supplies shall have printed thereon
5 appropriate instructions.
6 (b) Public exhibition of voting machines.--During the 30
7 days preceding an election, the commission shall place on public
8 exhibition in such public places and at such times as it deems
9 suitable for the information and instruction of the electors,
10 one or more voting machines, containing the ballot labels and
11 showing the offices and questions to be voted upon, the names
12 and arrangements of parties and, so far as practicable, the
13 names and arrangements of the candidates to be voted for. The
14 machine shall be under the care of a person competent as
15 custodian and instructor. No voting machine assigned for use in
16 an election shall be used for public exhibition and instruction
17 after having been prepared and sealed for the election. During
18 public exhibition and instruction, the counting mechanism of the
19 voting machine shall be concealed from view and the doors or
20 cover concealing it shall be opened, if at all, only temporarily
21 and only upon written authorization from the commission. Prior
22 to any election, the commission may prepare copies of any
23 diagrams, required to be furnished with voting machines at
24 polling places either in full or in reduced size, and post,
25 publish, advertise or distribute them among the electors. In
26 districts in which voting machines are used, the general and
27 duplicate return sheets and statement shall be printed to
28 conform to the type of voting machine used in the districts and
29 the designating number and letter, if any, on the counter for
30 each candidate shall be printed thereon opposite the candidate's
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1 name.
2 (c) Public exhibition of electronic voting system.--During
3 the 30 days next preceding an election at which any electronic
4 voting system is to be used, the commission shall place on
5 public exhibition, in such public places and in such quantity
6 and at such times as it deems most suitable for the instruction
7 and information of the electors, those components of the
8 electronic voting system which are used by the elector,
9 containing a sample ballot designed for instructional use. The
10 components shall be under the care of a person competent as
11 custodian and instructor. No voting system component assigned
12 for use in an election shall be used for public exhibition and
13 instruction after having been prepared and sealed for the
14 election.
15 § 3144. Elector's certificates.
16 At each election each commission shall prepare a suitable
17 number of elector's certificates which shall be in form approved
18 by the secretary substantially as follows:
19 Elector's Certificate
20 _______________, 19___
21 I hereby certify that I am qualified to vote at this
22 election.
23 Signature _______________________________
24 Address _________________________________
25 ____________________________, Pa.
26 Approved _________________________
27 Number of stub of ballot issued or number of admission to
28 voting machines (and party, at primary) __________________
29 The elector's certificate shall be so prepared as to be capable
30 of being inserted by the election officers in a suitable file or
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1 binder to be furnished by the commission. One file or binder
2 shall be furnished by the commission for each election district
3 for each election, and shall have printed or written thereon the
4 words "Voting Check List," together with the number of the
5 district and ward, if any, and the date of the election.
6 § 3145. Preparation of voting equipment.
7 (a) General rule.--The commission shall cause the proper
8 ballot labels to be placed on each voting machine which is to be
9 used in any election district within the county; shall cause
10 each machine to be placed in proper order for voting; shall
11 examine each machine before it is sent out to a polling place;
12 shall see that each registering counter, except the protective
13 counter, on each machine is set at zero; shall lock each machine
14 so that the counting machinery cannot be operated; and shall
15 seal each machine with a numbered seal. The commission shall
16 adjust each machine to be used at a primary, so that the
17 election officers may lock it on primary day, in such a way that
18 each voter can vote only for the candidates seeking nomination
19 by the party in which he is enrolled.
20 (b) Testing of central tabulating equipment.--By the fourth
21 day prior to each election, the commission shall have the
22 central automatic tabulating equipment tested to ascertain that
23 it will accurately count the votes cast for all offices and all
24 questions. Public notice of the time and place of the test shall
25 be given at least 48 hours prior to the test by newspaper
26 publication in the county in accordance with section 104
27 (relating to publication of notices), the notice to be published
28 once. The test shall be conducted by processing a preaudited
29 group of district totals cards or ballots on which are recorded
30 votes for each candidate and on each question. In the test a
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1 different number of valid votes shall be assigned to each
2 candidate for an office and for and against each question. If
3 any error is detected, the cause shall be ascertained, corrected
4 and an errorless count shall be made and certified by the
5 commission prior to the day of the vote. All test and program
6 materials shall then be sealed by the commission until their use
7 on the day of the vote. The central automatic tabulating
8 equipment must pass the same test at the conclusion of the
9 actual election count before the election returns are approved
10 as official. On completion of the count, the programs, test
11 materials and district totals cards or ballots shall be sealed
12 and retained according to the provisions of this title for the
13 retention of paper ballots.
14 (c) Custodian.--The commission shall appoint one custodian
15 of voting machines or the electronic voting system and deputy
16 custodians as may be necessary, who shall prepare the equipment
17 to be used at elections. Each custodian and deputy custodian
18 shall receive from the county, for each day he is employed, such
19 compensation as shall be fixed by the commission, but not less
20 than $5 per day. The custodian shall have charge of the voting
21 equipment and represent the commission during its preparation.
22 The custodian and the deputy custodians shall serve at the
23 pleasure of the commission. Each custodian shall take the
24 constitutional oath of office, which shall be filed with the
25 commission.
26 (d) Notice of preparation.--On or before the 40th day
27 preceding an election, the commission shall mail to the chairman
28 of the county committee of each party entitled to participate in
29 primaries and to the chairman or presiding officer of any
30 organized body of citizens within the county having as its
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1 purpose or among its purposes the investigation or prosecution
2 of election frauds which has registered its name and address and
3 the names of its principal officers with the commission at least
4 50 days before the election, a written notice stating the times
5 when and the place or places where preparation of the equipment
6 for use in the several election districts in the county will be
7 conducted. One representative of each party and each organized
8 body of citizens, certified by the respective chairmen or
9 presiding officers, shall be entitled to be present during the
10 preparation of the equipment. The representatives shall not
11 interfere with preparation of the equipment and the commission
12 may make reasonable rules and regulations governing the conduct
13 of the representatives.
14 (e) Certification of voting machines.--The custodian and
15 deputy custodians of voting machines shall certify in writing,
16 and shall request each representative of a party or organized
17 body of citizens present at the preparation of the machine, to
18 attest it, and which shall be filed with the commission,
19 stating:
20 (1) The identifying number or other designation of the
21 voting machine.
22 (2) That each registering counter of the machine was set
23 at zero.
24 (3) The number registered on the protective counter or
25 other device of the machine.
26 (4) The number on the seal with which the machine is
27 sealed.
28 No member of the commission or custodian or other employee of
29 the commission shall prevent free access to and examination of
30 all voting machines, to be used at the election, by any of the
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1 appointed representatives. The commission and its employees
2 shall afford to each representative every facility for the
3 examination of all registering counters, protective counters and
4 public counters of each voting machine.
5 (f) Certification of automatic tabulating equipment.--Prior
6 to the delivery of any automatic tabulating equipment to any
7 election district the commission shall examine it and certify:
8 (1) The identifying number and election district
9 designation of the equipment.
10 (2) That the equipment is suitable for use in the
11 particular election district designated.
12 (3) That the equipment has been tested to ascertain that
13 it will accurately compute the votes cast for all offices and
14 all questions.
15 (4) That the offices and questions on the official
16 ballot correspond with the ballot labels assigned to the
17 particular election district.
18 (5) That the public counter and the counters for each
19 candidate position and each question are all set at zero and
20 that element that generates a printed record of the results
21 of the election is functioning correctly.
22 (6) The number on the seal with which the equipment is
23 sealed.
24 § 3146. Delivery of ballots and supplies.
25 The cards of instruction, return sheets, tally papers,
26 statements, oaths of election officers, affidavits, elector's
27 certificates, district register, specimen ballots and other
28 forms and supplies required for use in each election district,
29 in which ballots are used, shall be packed by the commission in
30 separate sealed packages for each election district, marked on
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1 the outside so as to clearly designate the districts for which
2 they are intended and the number of ballots of each kind
3 enclosed. They shall then be delivered by the commission,
4 together with the ballot box which shall bear the name and
5 number of the election district, to the judges of election in
6 the several election districts, not later than the day prior to
7 the day of the election. If for any reason it is impossible to
8 deliver the packages to the judge of election in any district,
9 the packages may be delivered to one of the inspectors. The
10 respective judges of election or inspectors shall, on delivery
11 to them of the packages, return receipts therefor to the
12 commission, which shall keep a record of the time and manner of
13 delivery. The commission may require the respective judges of
14 election to call at its office to obtain the packages.
15 § 3147. Delivery of machines and supplies.
16 (a) Delivery to polling places.--The commission shall
17 deliver voting machines properly furnished with ballot labels,
18 forms of certificates, returns and other required papers and
19 supplies to the polling places of the election districts where
20 they are used, at least one hour before the time set for opening
21 the polls, and cause each machine to be set up in the proper
22 manner for use in voting. Such materials shall be in the form
23 and according to the specifications prescribed by the secretary.
24 Each machine shall remain sealed until the examination
25 immediately preceding the opening of the polls. The commission
26 shall provide ample protection against tampering with or injury
27 to the voting machines and, for that purpose, may call upon any
28 police or elected peace officer to furnish such assistance as
29 may be necessary. The commission shall furnish at the expense of
30 the county and deliver with each voting machine:
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1 (1) A lamp or similar device, which shall give
2 sufficient light to enable voters to read the ballot labels
3 and suitable for the use of election officers in examining
4 the counters. The lamp or similar device shall be prepared
5 and in good order for use before the opening of the polls.
6 (2) Two diagrams or sample ballots, of suitable size,
7 representing the part of the face of the voting machine to be
8 in used in the election and accompanied by directions for
9 voting on the machine. The diagrams shall be posted
10 prominently outside the enclosed space.
11 (3) A mechanically operated model of a portion of the
12 face of a voting machine for the instruction of electors. The
13 model shall be placed in the polling place and at or outside
14 of the guardrail or barrier.
15 (4) A seal for sealing the machine after the polls are
16 closed, an envelope for the return of the keys if the
17 construction of the voting machine permits their separate
18 return and such other election materials and supplies as may
19 be necessary.
20 (b) Delivery of machine keys to judge of election.--The
21 commission shall deliver the keys, which unlock the operating
22 mechanism and the registering counters or counter compartment of
23 the voting machine, to the judge of election, not earlier than
24 the Saturday preceding an election nor later than three-quarters
25 of an hour before the time set for the opening of the polls and
26 shall take his receipt. The keys shall be enclosed in a sealed
27 envelope on which shall be written:
28 (1) The number of the voting machine.
29 (2) Name or designation of the election district.
30 (3) The number of the seal.
19870H0884B0965 - 246 -
1 (4) The number registered on the protective counter or
2 device as reported by the custodian.
3 If the type of voting machine used requires the simultaneous use
4 of three keys to unlock the registering counters or counter
5 compartment, only two of the keys shall be enclosed in the
6 sealed envelope, the third key being retained by the commission,
7 the custodian or such other person as the commission has
8 authorized. No election officer shall open the envelope until
9 the minority inspector has examined the envelope to see that it
10 has not been opened.
11 § 3148. Delivery of electronic voting systems and supplies.
12 Prior to any election in which an electronic voting system is
13 to be used, the commission shall furnish to each election
14 district, at the expense of the county, the elements of the
15 voting system, including voting devices, automatic tabulating
16 equipment, ballot boxes, ballot labels, ballots, ballot
17 envelopes, forms of certificates, returns and other records and
18 supplies, as are necessary for the proper operation of the
19 voting system at the election district, which shall be in the
20 form and according to the specifications prescribed by the
21 secretary. At least one hour before the time set for the opening
22 of the polls at each election, the commission shall deliver to
23 each election district any district components of the electronic
24 voting system and any supplies necessary to prepare the
25 automatic tabulating equipment for operation in the district and
26 they shall position the automatic tabulating equipment for
27 proper use in voting. The tabulating equipment shall remain
28 locked and sealed until its examination and preparation
29 immediately preceding its use.
30 CHAPTER 33
19870H0884B0965 - 247 -
1 VOTING PROCEDURES
2 Subchapter
3 A. Voting by Absentee Electors
4 B. Voting in Person
5 SUBCHAPTER A
6 VOTING BY ABSENTEE ELECTORS
7 Sec.
8 3301. Absentee electors.
9 3302. Applications for official absentee ballots.
10 3303. Date of application for absentee ballots.
11 3304. Approval of applications for absentee ballots.
12 3305. Absentee electors files and lists.
13 3306. Ballots of official absentee electors.
14 3307. Envelopes for absentee voting materials.
15 3308. Delivering or mailing ballots.
16 3309. Voting by absentee electors.
17 3310. Assistance in voting to certain absentee electors.
18 3311. Electors in the uniformed services voting in district of
19 residence.
20 3312. Absentee voting in public institutions.
21 3313. Absentee electors for presidential and vice presidential
22 electors.
23 3314. Overseas electors for Federal elections.
24 § 3301. Absentee electors.
25 The following electors shall be entitled to vote by an
26 official absentee ballot in any election held in this
27 Commonwealth in the manner provided in this subchapter:
28 (1) A member of the uniformed services regardless of
29 whether at the time of voting he is present in the election
30 district of his residence or whether he is registered or
19870H0884B0965 - 248 -
1 enrolled.
2 (2) A spouse or dependent residing with or accompanying
3 a member of the uniformed services if at the time of voting
4 the spouse or dependent is absent from the county of his
5 residence, if the elector has been registered or enrolled or
6 is entitled to absentee registration prior to or concurrently
7 with the time of voting.
8 (3) A member of the Merchant Marine of the United States
9 and his spouse or dependent residing with or accompanying him
10 if at the time of voting the elector is absent from the
11 county of residence, if the elector has been registered or
12 enrolled or is entitled under this title to absentee
13 registration prior to or concurrently with the time of
14 voting.
15 (4) A person in a religious or welfare group officially
16 attached to and serving with the armed forces and his spouse
17 or dependent residing with or accompanying him if at the time
18 of voting the elector is absent from the county of his
19 residence, if the elector has been registered or enrolled or
20 is entitled to absentee registration prior to or concurrently
21 with the time of voting.
22 (5) A civilian employee of the United States outside the
23 territorial limits of the several states of the United States
24 and the District of Columbia, whether or not the elector is
25 subject to civil service laws and whether or not paid from
26 funds appropriated by the Congress, and his spouse or
27 dependent residing with or accompanying him, if at the time
28 of voting the elector is absent from the county of his
29 residence, if the elector has been registered or enrolled or
30 is entitled under this title to absentee registration prior
19870H0884B0965 - 249 -
1 to or concurrently with the time of voting.
2 (6) A qualified war veteran who is bedridden or
3 hospitalized due to illness or physical disability if he is
4 absent from the county of his residence and unable to attend
5 his polling place because of the illness or physical
6 disability regardless of whether he is registered and
7 enrolled.
8 (7) A person who expects to be or is absent from the
9 county of his residence because his duties, occupation or
10 business require him to be elsewhere during the entire period
11 the polls are open for voting on the day of any election,
12 including all cases where the absence is due to leave of
13 absence for teaching or education, sabbatical leave or
14 vacation or for any other cause associated with his duties,
15 occupation or business, or any person who accompanies his
16 spouse on an absence described in this paragraph.
17 (8) A person who because of illness or physical
18 disability is unable to attend his polling place or operate a
19 voting machine and secure assistance by distinct and audible
20 statement as required in section 3336 (relating to assistance
21 in voting).
22 (9) A spouse or dependent accompanying a person employed
23 in the service of the Commonwealth or in the service of the
24 Federal Government within the territorial limits of the
25 several states of the United States and the District of
26 Columbia in the event the duties, profession or occupation of
27 the person require him to be absent from the county of his
28 residence.
29 (10) A person confined in a penal institution or a
30 mental institution, unless his confinement is the result of
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1 having been convicted of a felony.
2 § 3302. Applications for official absentee ballots.
3 (a) Military and Federal electors.--Any elector described in
4 section 3301(1), (2), (3), (4) or (5) (relating to absentee
5 electors) may apply at any time before the election for an
6 official absentee ballot in person on any suitable form supplied
7 by the Federal Government, or on any suitable official form
8 addressed to the commission of the county in which his voting
9 residence is located or to the secretary who shall forward it to
10 the commission. The application shall be signed by the elector
11 or, in the case of an elector described in section 3301(1), by
12 an adult member of his immediate family, and shall contain the
13 following information:
14 (1) Name.
15 (2) Home residence at the time of entrance into actual
16 military service or Federal employment.
17 (3) Length of citizenship.
18 (4) Length of residence in this Commonwealth.
19 (5) Date of birth.
20 (6) Length of residence in voting district.
21 (7) Voting district if known.
22 (8) In the case of a primary, the party in which
23 currently registered and enrolled.
24 (9) In the case of a military elector, his stateside
25 military address, FPO or APO number and serial number.
26 (10) In the case of an elector other than a military
27 elector, the nature of his employment, the address to which
28 ballot is to be sent, relationship where necessary and other
29 information as may be determined and prescribed by the
30 secretary.
19870H0884B0965 - 251 -
1 (b) Bedridden veterans.--Any elector described in section
2 3301(6) may apply at any time before the election for an
3 official absentee ballot on any suitable official form addressed
4 to the commission of the county in which his voting residence is
5 located or to the secretary who shall forward it to the
6 commission. The application shall be signed by the elector and
7 shall contain the following information:
8 (1) Name and address of present residence or hospital at
9 which hospitalized.
10 (2) Residence at the time of becoming bedridden or
11 hospitalized.
12 (3) Length of citizenship.
13 (4) Length of residence in this Commonwealth.
14 (5) Date of birth.
15 (6) Length of residence in voting district.
16 (7) Voting district if known.
17 (8) In the case of a primary, the party in which
18 currently registered and enrolled.
19 (c) Business or disability absentees.--Any elector described
20 in section 3301(6), (7), (8) or (9) may apply to the commission
21 of the county in which his voting residence is located for an
22 official absentee ballot. The application shall be made upon an
23 official application form supplied by the commission, shall be
24 signed by the elector and shall contain the following
25 information:
26 (1) Surname and given name or names.
27 (2) Occupation.
28 (3) Date of birth.
29 (4) Length of residence in voting district.
30 (5) Voting district if known.
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1 (6) Place of residence or residence at time of becoming
2 bedridden or hospitalized.
3 (7) Post office address to which ballot is to be mailed.
4 (8) Reason for absence and such other information as
5 shall make clear to the commission the applicant's right to
6 an official absentee ballot.
7 (d) Declaration of illness or disability.--In the case of an
8 applicant described in section 3301(6) and (8), the application
9 shall include a declaration stating the nature of his disability
10 or illness and the name, office address and office telephone
11 number of his attending physician. If any elector entitled to an
12 absentee ballot under this subsection is unable to sign his
13 application because of illness or physical disability, he shall
14 be excused from signing upon making a statement, which shall be
15 witnessed by one adult person, in substantially the following
16 form:
17 I hereby state that I am unable to sign my application
18 for an absentee ballot without assistance because I am
19 unable to write by reason of my illness or physical
20 disability. I have made or have received assistance in
21 making my mark in lieu of my signature.
22 _____________________________ ________________________
23 (Date) (Mark)
24 _____________________________ ________________________
25 (Complete address of witness) (Signature of witness)
26 (e) Permanently disabled absentee ballot list.--Any elector
27 described in section 3301(6) or (8) may, with the certification
28 by his attending physician that he is permanently disabled, be
29 placed on a permanently disabled absentee ballot list which
30 shall be on file at the central office of the commission. An
19870H0884B0965 - 253 -
1 absentee ballot application shall be mailed to every such person
2 for each election so long as he does not lose his voting rights
3 by failure to vote as otherwise required by this title. The
4 person shall not be required to file a physician's certificate
5 of disability with each application but he shall submit a
6 written statement asserting continuing disability every two
7 years in order to maintain his eligibility to vote under this
8 subsection. When the person is no longer disabled he shall
9 inform the commission of the county of his residence.
10 (f) Application by letter to the board.--Notwithstanding the
11 other provisions of this title, any elector, who expects to be
12 or is absent from this Commonwealth or county of his residence
13 because his duties, occupation or business require him to be
14 elsewhere on the day of any election, may make an application
15 for an absentee ballot by mail by sending a letter to the
16 commission in the county in which his voting residence is
17 located. The letter shall be signed by the applicant and contain
18 his name and place of residence.
19 (g) Absentee electors confined in penal or mental
20 institutions.--
21 (1) Elector confined outside his district.--Any absentee
22 elector described in section 3301(10) and confined in a penal
23 or mental institution outside his own district may apply at
24 any time before the election for an official absentee ballot
25 on any suitable form supplied by the Federal Government, or
26 on any suitable official form addressed to the commission of
27 the county in which his voting residence is located or the
28 secretary who shall forward it to the commission. The signed
29 application shall contain the following information:
30 (i) Home residence at the time of entrance into the
19870H0884B0965 - 254 -
1 penal or mental institution.
2 (ii) Length of citizenship.
3 (iii) Length of residence in this Commonwealth.
4 (iv) Date of birth.
5 (v) Voting district if known.
6 (vi) In case of a primary, the party in which
7 currently registered and enrolled.
8 (vii) Name and address to which the ballot shall be
9 sent.
10 (viii) Such other information as may be determined
11 by the secretary.
12 (2) Elector confined within his district.--An absentee
13 elector confined in a penal or mental institution in his own
14 district may register to vote in the manner prescribed in
15 paragraph (1) or, in the alternative, as prescribed in
16 subsections (c) and (e).
17 (h) Numbering of absentee ballots.--The commission shall
18 number, in chronological order, the applications for an official
19 absentee ballot, which number shall likewise appear on the
20 official absentee ballot for the elector. The numbers shall
21 appear legibly and in a conspicuous place but before the ballots
22 are distributed the number on the ballot shall be torn off by
23 the commission. This numerical information shall be
24 appropriately inserted and become a part of the registered
25 absentee electors file and the military, veterans and emergency
26 civilian absentee electors file provided in section 3305
27 (relating to absentee electors files and lists).
28 (i) Application forms.--Application for official absentee
29 ballots shall be on forms prescribed by the secretary. The
30 application shall state that an elector who receives an absentee
19870H0884B0965 - 255 -
1 ballot because of illness or absence from the district and who,
2 on election day, is capable of voting at the appropriate polling
3 place must void the absentee ballot and vote in the normal
4 manner at the appropriate polling place. The forms shall be made
5 freely available to the public at the commission's office,
6 municipal buildings and such other locations designated by the
7 secretary. No written application or personal request shall be
8 necessary to receive the application forms. Copies of all
9 completed applications for official absentee ballots shall be
10 retained by the commission.
11 § 3303. Date of application for absentee ballots.
12 Applications for absentee ballots unless otherwise specified
13 shall be received in the office of the commission not earlier
14 than 90 days before the election and not later than 5 p.m. of
15 the first Tuesday prior to the day of any election. In the event
16 any elector otherwise qualified who is so physically disabled or
17 ill on or before the first Tuesday prior to any election that he
18 is unable to file his application, or who becomes physically
19 disabled or ill after the first Tuesday prior to any election
20 and is unable to appear at his polling place, or any elector
21 otherwise qualified who because of the conduct of his business,
22 duties or occupation will necessarily be absent from this
23 Commonwealth or county of his residence on the day of the
24 election, which fact was not and could not reasonably be known
25 to the elector on or before the first Tuesday prior to any
26 election, shall nevertheless be entitled to an absentee ballot
27 at any time prior to 5 p.m. on the first Friday preceding any
28 election upon execution of the emergency application in the form
29 prescribed by the secretary. In the case of an elector who is
30 physically disabled or ill on or before the first Tuesday prior
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1 to an election or becomes physically disabled or ill after the
2 first Tuesday prior to an election, the emergency application
3 shall contain a supporting affidavit from his attending
4 physician stating that due to physical disability or illness the
5 elector was unable to apply for an absentee ballot on or before
6 the first Tuesday prior to the election or became physically
7 disabled or ill after that period. In the case of an elector who
8 is necessarily absent because of the conduct of his business,
9 duties or occupation under the unforeseen circumstances
10 specified in this section, the emergency application shall
11 contain a supporting affidavit from the elector stating that
12 because of the conduct of his business, duties or occupation the
13 elector will necessarily be absent from this Commonwealth or
14 county of his residence on the day of the election which fact
15 was not and could not reasonably be known to the elector on or
16 before the first Tuesday prior to the election.
17 § 3304. Approval of applications for absentee ballots.
18 (a) Determination of applicant's qualifications for absentee
19 elector.--The commission, upon receipt of any application filed
20 by an elector not required to be registered under section 3301
21 (relating to absentee electors), shall ascertain from the
22 information on the application, district register or from any
23 other source that the applicant possesses all the qualifications
24 of an elector other than being registered or enrolled. If the
25 commission is satisfied that the applicant is qualified to
26 receive an official absentee ballot, the application shall be
27 marked "approved." The approval decision shall be final except
28 that challenges may be made on the ground that the applicant did
29 not possess qualifications of an absentee elector. The
30 challenges shall be made to the commission prior to 5 p.m. on
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1 the first Friday prior to the election. When so approved, the
2 commission shall cause the applicant's name and residence (and,
3 at a primary, the party enrollment) to be inserted in the
4 military, veterans and emergency civilian absentee electors file
5 as provided in section 3305 (relating to absentee electors files
6 and lists). No application of any elector in military service
7 shall be rejected for failure to include on his application any
8 information if the information may be ascertained within a
9 reasonable time by the commission.
10 (b) Electors entitled to absentee registration and
11 challenges.--The commission, upon receipt of any application
12 filed by an elector who is entitled under this title to absentee
13 registration prior to or concurrently with the time of voting as
14 provided under section 3301, shall ascertain from the
15 information on the application or from any other source whether
16 the applicant possesses all the qualifications of an elector. If
17 the commission is satisfied that the applicant is entitled to
18 absentee registration prior to or concurrently with the time of
19 voting and that the applicant is qualified to receive an
20 official absentee ballot, the application shall be marked
21 "approved." The approval decision shall be final except that
22 challenges may be made on the ground that the applicant did not
23 possess the qualifications of an absentee elector prior to or
24 concurrently with the time of voting. The challenges shall be
25 made to the commission prior to 5 p.m. on the first Friday prior
26 to the election. When so approved, the commission shall cause
27 the applicant's name and residence (and, at a primary, the party
28 enrollment) to be inserted in the military, veterans and
29 emergency civilian absentee electors file as provided in section
30 3305.
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1 (c) Registered electors and challenges.--The commission,
2 upon receipt of any application of a person required to be
3 registered under section 3301, shall determine the
4 qualifications of the applicant by comparing the information set
5 forth on the application with the information contained on the
6 applicant's permanent registration card. If the commission is
7 satisfied that the applicant is qualified to receive an official
8 absentee ballot, the application shall be marked "approved." The
9 approval decision shall be final except that challenges may be
10 made on the ground that the applicant did not possess the
11 qualifications of an absentee elector. The challenges shall be
12 made to the commission prior to 5 p.m. on the first Friday prior
13 to the election. When so approved, the commission shall cause an
14 absentee elector's temporary registration card to be inserted in
15 the district register on top of and along with the permanent
16 registration card. The absentee elector's temporary registration
17 card shall be in the color and form prescribed in subsection
18 (e). The duties of the commissions with respect to the insertion
19 of the absentee elector's temporary registration card of any
20 elector from the district register as set forth in this section
21 shall include only such application and emergency applications
22 as are received on or before the first Tuesday prior to the
23 election. In all cases where applications are received after the
24 first Tuesday prior to the election and before 5 p.m. on the
25 first Friday prior to the election, the commission shall
26 determine the qualifications of the applicant by comparing the
27 information set forth on such application with the information
28 contained on the applicant's duplicate registration card on file
29 in the general register in the office of the commission and
30 shall cause the name and residence (and, at primaries, the party
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1 enrollment) to be inserted in the military, veterans and
2 emergency civilian absentee electors file as provided in section
3 3305. In addition, the district election boards shall, upon
4 canvassing the official absentee ballots under section 3501
5 (relating to canvassing of official absentee ballots), examine
6 the voters' checklist of the election district of the elector's
7 residence and satisfy itself that the elector did not cast any
8 ballot other than the one properly issued to him under his
9 absentee ballot application. In all cases where the examination
10 of the district election board discloses that an elector did
11 vote a ballot other than the one properly issued to him under
12 the absentee ballot application, the district election board
13 shall thereupon cancel the absentee ballot and the elector shall
14 be subject to the penalties set forth in this title.
15 (d) Notification of disapproval.--If an application for an
16 official absentee ballot is not approved by the commission, the
17 elector shall be notified immediately with a statement by the
18 commission of the reasons for the disapproval.
19 (e) Temporary registration card.--The absentee elector's
20 temporary registration card shall be in duplicate and the same
21 size as the permanent registration card, in a different and
22 contrasting color to the permanent registration card, shall
23 contain the absentee elector's name and address and shall
24 conspicuously contain the words "Absentee Elector." The card
25 shall also contain the following declaration:
26 I hereby declare that I am an elector who has obtained an
27 absentee ballot; however, I am present in the county of
28 my residence and physically able to present myself at my
29 polling place. I therefore request that my absentee
30 ballot be voided.
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1 __________________________
2 (Signature of elector)
3 ____________________________
4 (Date)
5 ____________________________
6 (Local judge of elections)
7 § 3305. Absentee electors files and lists.
8 (a) File of temporary registration card.--The commission
9 shall maintain at its office a file containing the duplicate
10 absentee elector's temporary registration cards of every
11 registered elector to whom an absentee ballot has been sent. The
12 duplicate absentee elector's temporary registration cards shall
13 be filed by election districts and within each election district
14 in alphabetical order and indexed. The registration cards so
15 filed shall constitute the "registered absentee electors file
16 for the election of (date of election)" and shall be kept on
17 file for a period commencing the Tuesday prior to the day of the
18 election until the day following the election or the day the
19 commission certifies the returns of the election, whichever is
20 later. The file shall be open to public inspection at all times
21 subject to reasonable safeguards, rules and regulations.
22 (b) Posting of master list.--The commission shall post in a
23 conspicuous public place at its office a master list arranged in
24 alphabetical order by election districts setting forth the name
25 and residence and, at primaries, the party enrollment of:
26 (1) Every elector in the uniformed services to whom an
27 absentee ballot is being sent, each name to be prefixed with
28 an "M".
29 (2) Every bedridden or hospitalized veteran outside the
30 county of his residence who is not registered and to whom an
19870H0884B0965 - 261 -
1 absentee ballot is being sent, each name to be prefixed with
2 a "V".
3 (3) Every registered elector who has filed his
4 application for an absentee ballot too late for the
5 extracting of his original registration card and to whom a
6 ballot is being sent and every elector who has filed his
7 application for an absentee ballot and is entitled under this
8 title to absentee registration prior to or concurrently with
9 the time of voting, each name to be prefixed with a "C".
10 This list shall be known as the "military, veterans and
11 emergency civilians absentee elector file for the election of
12 (date of election)" and shall be posted for a period commencing
13 the Tuesday prior to the day of the election until the day
14 following the election or the day on which the commission
15 certifies the returns of the election, whichever is later. The
16 file shall be open to public inspection at all times subject to
17 reasonable safeguards, rules and regulations. This posted list
18 shall not contain any military address or references to any
19 military organization. Upon written request, the commission
20 shall furnish a copy of the list to any candidate or party
21 county chairman.
22 (c) Preparation and delivery of lists of absentee
23 electors.--Not less than five days preceding the election, the
24 chief clerk shall prepare a list for each election district
25 showing the names and post office addresses of all voting
26 residents thereof to whom official absentee ballots have been
27 issued. Each list shall be prepared in duplicate, shall be
28 headed "Persons in (election district) to whom absentee ballots
29 have been issued for the election of (date of election)" and
30 shall be signed by him not less than four days preceding the
19870H0884B0965 - 262 -
1 election. He shall post the original of each list in a
2 conspicuous place in the office of the commission and see that
3 it is kept so posted until the close of the polls on election
4 day. He shall cause the duplicate of each list to be delivered
5 to the judge of election in the election district in the same
6 manner at the same time as provided in this title for the
7 delivery of other election supplies, and it is the duty of the
8 judge of election to post the duplicate list in a conspicuous
9 place within the polling place of his district and see that it
10 is kept so posted throughout the time that the polls are open.
11 Upon written request, he shall furnish a copy of the list to any
12 candidate or party county chairman.
13 § 3306. Ballots of official absentee electors.
14 (a) Districts where paper ballots are used.--In districts in
15 which paper ballots are used, the ballots for use by absentee
16 electors under this title shall be the official ballots printed
17 in accordance with sections 3135 (relating to form of paper
18 ballots at primaries) and 3136 (relating to form of paper
19 ballots for November and special elections). The commission,
20 when detaching the official ballots for absentee electors, shall
21 indicate on the stub of each ballot so detached the name of the
22 applicant to which that precise ballot is being sent. The
23 commission shall remove the numbered stub from each ballot and
24 shall thereupon print, stamp or endorse in red upon the official
25 ballots the words "Official Absentee Ballot." The ballots shall
26 be distributed by the commission as provided in this title.
27 (b) Districts where voting machines are used.--In districts
28 where voting machines are used and in those districts in which
29 paper ballots are used and the commission therein does not print
30 official absentee ballots as provided in sections 3135 and 3136,
19870H0884B0965 - 263 -
1 the ballots for use by the absentee electors under this title
2 shall be prepared sufficiently in advance of the election by the
3 commission and shall be distributed by the commission as
4 provided in this title. The ballots shall be marked "Official
5 Absentee Ballot" but shall not be numbered and shall otherwise
6 be in substantially the form for ballots required by Subchapter
7 C of Chapter 31 (relating to preparation of official ballots,
8 supplies and equipment).
9 (c) Districts where electronic voting systems are used.--In
10 districts in which electronic voting systems are used, the
11 absentee ballot may be in the form of a paper ballot or ballot
12 card, which shall be clearly stamped on its face "Absentee
13 Ballot."
14 (d) Alternative for belated printing of absentee ballots.--
15 In cases where there is not time, in the opinion of the
16 commission, to print on the ballots the names of the various
17 candidates for district, county and local offices, the ballots
18 shall contain blank spaces only under the titles of the offices
19 in which electors may insert the names of the candidates for
20 whom they desire to vote, and in such cases the commission shall
21 furnish to electors lists containing the names of all the
22 candidates named in nomination petitions or who have been
23 regularly nominated under the provisions of this title, for the
24 use of the electors in preparing their ballots.
25 (e) Notice of requirement to void ballot.--The official
26 absentee ballot shall state that an elector who receives an
27 absentee ballot because of illness or absence from the district
28 and who, on election day, is capable of voting at the
29 appropriate polling place must void the absentee ballot and vote
30 in the normal manner at the appropriate polling place.
19870H0884B0965 - 264 -
1 § 3307. Envelopes for absentee voting materials.
2 (a) Envelopes for official absentee ballot.--The commission
3 shall provide two additional envelopes for each official
4 absentee ballot of such size and shape as shall be determined by
5 the secretary, in order to permit the placing of one within the
6 other and both within the mailing envelope. On the smaller of
7 the two envelopes to be enclosed in the mailing envelope shall
8 be printed, stamped or endorsed the words "Official Absentee
9 Ballot," and nothing else. On the larger of the two envelopes to
10 be enclosed within the mailing envelope shall be printed the
11 form of the declaration of the elector, and the name and address
12 of the commission of the proper county. The larger envelope
13 shall also state the election district of the absentee elector.
14 The form of declaration shall contain a statement of the
15 elector's qualifications, together with a statement that the
16 elector has not already voted in the election. Notice of the
17 requirements of section 3309(b) (relating to voting by absentee
18 electors) shall be printed on the envelope for the absentee
19 ballot. The form of declaration and envelope shall be determined
20 by the secretary. The mailing envelope addressed to the elector
21 shall contain the two envelopes, the official absentee ballot,
22 lists of candidates when authorized by section 3306(b) (relating
23 to ballots of official absentee electors), the uniform
24 instructions in form and substance as determined by the
25 secretary and nothing else. The envelopes for electors qualified
26 under section 3301(1), (2), (3), (4) or (5) (relating to
27 absentee electors) shall have printed across the face of each
28 transmittal or return envelope two parallel horizontal red bars,
29 each one-quarter inch wide, extending from one side of the
30 envelope to the other side, with an intervening space of one-
19870H0884B0965 - 265 -
1 quarter inch, the top bar to be one and one-quarter inches from
2 the top of the envelope and with the words "Official Election
3 Balloting Material via Air Mail" between the bars. There shall
4 be printed, in the upper right corner of each envelope in a box,
5 the words "U.S. Postage Paid--42 U.S.C. 1973dd." All printing on
6 the face of each envelope shall be in red. There shall be
7 printed in red, in the upper left corner of each envelope, the
8 name and address of the commission of the proper county or blank
9 lines for return address of the sender.
10 (b) Absentee registration forms and envelope.--The envelope
11 addressed to the elector may contain absentee registration forms
12 where required, and shall contain detailed instructions on the
13 procedures to be observed in casting an absentee ballot as
14 determined by the secretary, together with a return envelope
15 upon which shall be printed the name and address of the
16 commission of the proper county, which envelope shall have
17 printed across the face two parallel horizontal red bars, each
18 one-quarter inch wide, extending from one side of the envelope
19 to the other side, with an intervening space of one-quarter
20 inch, the top bar to be one and one-quarter inches from the top
21 of the envelope and with the words "Official Election Balloting
22 Material via Air Mail" between the bars. There shall be printed
23 in the upper right corner of each envelope in a box the words
24 "U.S. Postage Paid--42 U.S.C. 1973dd," and, in the upper left
25 corner of each envelope, blank lines for return address of the
26 sender. All printing on the face of each envelope shall be in
27 red.
28 § 3308. Delivering or mailing ballots.
29 (a) General rule.--The commission, upon receipt of an
30 application filed by any absentee elector under section 3301(1),
19870H0884B0965 - 266 -
1 (2), (3), (4) or (5) (relating to absentee electors), shall, as
2 soon as possible after the respective district ballots are
3 printed, deliver or mail official absentee ballots to all
4 electors whose applications have been approved. With respect to
5 any such elector whose application has been approved, the
6 official absentee ballots shall be delivered or mailed not later
7 than 45 days prior to the election, or ten days after the
8 identity of all persons entitled to appear on the ballot has
9 been finally determined, whichever is later; if the ballots have
10 not been printed at that time, the commission may prepare
11 ballots in the form prescribed by section 3306(d) (relating to
12 ballots of official absentee electors) if doing so will expedite
13 mailing and delivery of the absentee ballots. As additional
14 applications of electors are received, the commission shall
15 deliver or mail the absentee ballots to the electors within 48
16 hours after approval of the application.
17 (b) Special absentee ballots.--The commission, upon receipt
18 and approval of an application filed by any absentee elector
19 under section 3301(6), (7), (8), (9) or (10), shall commence to
20 deliver or mail official absentee ballots on the second Tuesday
21 prior to the election. As additional applications are received
22 and approved, the commission shall deliver or mail official
23 absentee ballots to the additional electors within 48 hours.
24 § 3309. Voting by absentee electors.
25 (a) General rule.--At any time after receiving an official
26 absentee ballot, but on or before 5 p.m. on the Friday prior to
27 the election, the elector shall, in secret, proceed to mark the
28 ballot only in black lead pencil, indelible pencil or blue,
29 black or blue-black ink, in fountain pen or ballpoint pen, and
30 then fold the ballot, enclose and securely seal it in the
19870H0884B0965 - 267 -
1 envelope on which is printed, stamped or endorsed "Official
2 Absentee Ballot." This envelope shall then be placed in the
3 second one, on which is printed the form of declaration of the
4 elector, the address of the elector's commission and his
5 election district. The elector shall then fill out, date and
6 sign the declaration printed on the envelope. The envelope shall
7 then be securely sealed and the elector shall send it by mail,
8 postage prepaid, except where franked, or deliver it in person
9 to the commission. Any elector, spouse of the elector or
10 dependent of the elector, qualified in accordance with section
11 3301(4) or (5) (relating to absentee electors) to vote by
12 absentee ballot shall be required to include on the form of
13 declaration a supporting declaration in form determined by the
14 secretary, to be signed by the head of the department or chief
15 of division or bureau in which the elector is employed, setting
16 forth the identity of the elector, spouse of the elector or
17 dependent of the elector. Any elector who has filed his
18 application in accordance with section 3302(c) (relating to
19 applications for official absentee ballots), and is entitled to
20 be excused from signing his application for absentee ballot
21 under section 3302(d), shall be so excused upon executing the
22 declaration under section 3302(d).
23 (b) Electors able to vote in person.--If any elector, other
24 than an elector in military service or an elector unable to go
25 to his polling place because of illness or physical disability,
26 entitled to vote an official absentee ballot is in the county of
27 his residence on the day for holding the election for which the
28 ballot was issued or, if any elector has recovered from his
29 illness or physical disability sufficiently to permit him to
30 present himself at the proper polling place for the purpose of
19870H0884B0965 - 268 -
1 casting his ballot, the absentee ballot cast by such elector
2 shall be declared void. Any elector referred to in this
3 subsection who is within the county of his residence must
4 present himself at his polling place and shall be permitted to
5 vote upon presenting himself at his regular polling place in the
6 same manner as he could have voted had he not received an
7 absentee ballot. The elector shall first present himself to the
8 judge of elections in his local election district and shall sign
9 the declaration on the absentee elector's temporary registration
10 card as stated in section 3304(e) (relating to approval of
11 applications for absentee ballots). An elector who has received
12 an absentee ballot under the emergency application provisions of
13 section 3303 (relating to date of application for absentee
14 ballots) and for whom, therefore, no temporary absentee
15 elector's registration card is in the district register, shall
16 sign the affidavit in any case, which the local judge of
17 elections shall then cause to be inserted in the district
18 register with the elector's permanent registration card.
19 § 3310. Assistance in voting to certain absentee electors.
20 (a) Requirements for assistance.--Any elector qualified to
21 vote an official absentee ballot in accordance with section
22 3301(8) (relating to absentee electors) may receive assistance
23 in voting if there is recorded on his registration card his
24 declaration that he has a physical disability which renders him
25 unable to see or mark the official absentee ballot, the exact
26 nature of the disability being recorded on the registration card
27 and if the elector requiring assistance submits with his
28 application for an official absentee ballot a statement setting
29 forth the precise nature of the disability which renders him
30 unable to see or mark the official absentee ballot and that to
19870H0884B0965 - 269 -
1 the best of his knowledge and belief he will still suffer from
2 the physical disability at the time of voting his official
3 absentee ballot. The declaration shall be in substantially the
4 following form:
5 Declaration of Absentee Elector Requiring Assistance
6 I, (Name of elector requiring assistance), hereby declare
7 that I require assistance in marking the official
8 absentee ballot for the election held _________________,
9 19___, that will be issued to me for the following
10 reason:
11 _________________________________________________________
12 (Nature of disability)
13 __________________________________
14 (Signature or mark of elector)
15 ________________________________
16 (Date of signature or mark)
17 (b) Manner of rendering assistance.--Upon receipt of the
18 official absentee ballot, an elector requiring assistance may
19 select an adult to assist him in voting, the assistance to be
20 rendered in secret. The adult rendering the assistance in voting
21 shall fill out, date and sign the declaration in a form
22 determined by the secretary or substantially in the following
23 form:
24 Declaration of Person Rendering Assistance
25 I, (Name of person rendering assistance), an adult,
26 hereby declare that I have witnessed the aforesaid
27 elector's signature or mark and that I have caused the
28 aforesaid elector's ballot to be marked in accordance
29 with the desires and instructions of the aforesaid
30 elector.
19870H0884B0965 - 270 -
1 ____________________________________________
2 (Signature of person rendering assistance)
3 ____________________________________________
4 (Address)
5 The declaration form shall be returned to the commission in the
6 mailing envelope addressed to the commission within which the
7 small "Official Absentee Ballot" is returned.
8 § 3311. Electors in the uniformed services voting in district
9 of residence.
10 (a) Application in person.--Whenever any elector in the
11 uniformed services is present in his voting district of
12 residence on any election day and has not already voted in the
13 election, he may apply in person at the office of the commission
14 of the county of his residence and he shall then and there
15 execute his application for an official absentee ballot.
16 (b) Form of application.--Each application shall be in the
17 form and shall contain the information required by this title
18 together with a statement by the applicant that he has not
19 already voted in the election. The commission shall ascertain
20 from the information on the application or from any other source
21 that the applicant possesses all the qualifications of a elector
22 other than being registered or enrolled. If the commission is
23 satisfied that the applicant is qualified to receive an official
24 absentee ballot, the application shall be marked "Approved,"
25 subject to the limitations set out in section 3304 (relating to
26 approval of applications for absentee ballots). When so
27 approved, the commission shall cause the applicant's name and
28 residence (and, at primaries, the party enrollment) to be
29 inserted in the military, veterans and emergency civilian
30 absentee electors file as provided in section 3305(b) (relating
19870H0884B0965 - 271 -
1 to absentee electors files and lists).
2 (c) Execution of ballot.--Upon receiving an official
3 absentee ballot and envelopes therefor, the elector shall, in
4 secret, in the office of the commission vote the ballot and
5 execute the declaration as prescribed by this title. The elector
6 shall then securely seal the second envelope and hand it to the
7 chief clerk of the commission who shall securely keep it in
8 accordance with section 3501 (relating to canvassing of official
9 absentee ballots).
10 § 3312. Absentee voting in public institutions.
11 (a) Visitations of public institutions.--The county chairman
12 of each party or the head of each political body shall designate
13 one representative from his party or political body for each
14 public institution. The representative so appointed shall, at
15 the same time on a date fixed by the commission, visit every
16 public institution situate in the county for the purpose of
17 obtaining names and addresses of public institution residents
18 who desire to receive applications for absentee ballots and to
19 act as a district election board as provided in subsection (b).
20 The list of names and addresses thus obtained shall then be
21 submitted by the representatives to the commission which shall
22 furnish applications individually to those appearing in the
23 written request. If the chairman or head of a party or political
24 body fails to appoint a representative within 15 days from
25 written notice from the commission, the commission shall appoint
26 a representative from the party or political body.
27 (b) Teams to conduct elections at institutions.--The
28 commission shall appoint teams of three members for each public
29 institution that shall go to the public institutions and hold
30 the election on the first Friday prior to election day. Each
19870H0884B0965 - 272 -
1 member of the commission shall appoint one member on every team.
2 After the votes are cast, the teams shall collect the ballots
3 and return them to the commission where they shall be placed
4 unopened in a secure, safe and sealed container in the custody
5 of the commission until they are distributed to the respective
6 absentee electors' election district as provided in section 3501
7 (relating to canvassing of official absentee ballots) where they
8 shall be counted with other absentee ballots.
9 § 3313. Absentee electors for presidential and vice
10 presidential electors.
11 (a) Eligible electors.--Any elector who will be absent for
12 any reason from his voting district on election day shall be an
13 absentee elector for the presidential and vice presidential
14 electors. Any person otherwise eligible to vote who affirms
15 consistent with subsection (b) that he has ceased to reside in
16 an election district in this Commonwealth and has established
17 residence in another election district in this Commonwealth or
18 another state within 30 days of an election of presidential and
19 vice presidential electors, and that because of the recent
20 change of residence he is not eligible to register and vote in
21 his new election district, may either vote in person or by
22 absentee ballot for presidential and vice presidential electors
23 in his prior election district.
24 (b) Applications for absentee ballots.--Applications for
25 absentee ballots to elect presidential and vice presidential
26 electors shall be received by the commission not later than
27 seven days prior to the election. The application shall affirm
28 that the elector will be unable to vote in person because of
29 absence from his voting district the day of election, shall be
30 signed by the applicant and shall include:
19870H0884B0965 - 273 -
1 (1) Surname and given name or names.
2 (2) Occupation.
3 (3) Date of birth.
4 (4) Length of residence in voting district.
5 (5) Voting district if known.
6 (6) Place of residence.
7 (7) The post office address to which ballot is to be
8 mailed.
9 (c) Files and lists.--The files and lists of absentee
10 electors eligible to vote only for presidential and vice
11 presidential electors maintained under to section 3305 (relating
12 to absentee electors files and lists) may be segregated from the
13 files of other absentee electors.
14 (d) Special ballots.--The commission may prepare special
15 absentee ballots for absentee electors qualified to vote only
16 for presidential and vice presidential electors.
17 (e) Marking and mailing of ballots.--The commission may mark
18 or denote the envelopes of absentee ballots from persons
19 qualified to vote only for presidential and vice presidential
20 electors, and shall deliver or mail the ballots in accordance
21 with section 3308 (relating to delivering or mailing ballots).
22 (f) Counting of ballots.--All absentee votes cast for
23 presidential and vice presidential electors shall be counted for
24 all absentee ballots received before the closing of the polls on
25 the day of election.
26 (g) Distribution of ballots.--Absentee ballots which contain
27 votes valid only for presidential and vice presidential electors
28 may be counted at the commission and need not be distributed to
29 election districts of absentee voters. The absentee ballots
30 shall in all cases be counted separately from ballots which may
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1 contain votes valid in other elections.
2 (h) Assistance of voters.--Any elector who qualifies under
3 this section and is unable to vote without assistance within the
4 meaning of section 3301(8) (relating to absentee electors) shall
5 be eligible to vote under section 3310 (relating to assistance
6 in voting to certain absentee electors) for presidential and
7 vice presidential electors.
8 (i) Challenges.--Challenges to applications for absentee
9 applications and absentee ballots shall be governed by section
10 3501 (relating to canvassing of official absentee ballots),
11 insofar as it is not inconsistent with this section.
12 § 3314. Overseas electors for Federal elections.
13 (a) Right to absentee ballots.--Upon compliance with the
14 provisions of this title, any person meeting the qualifications
15 of an overseas elector may apply for and vote by absentee ballot
16 in any Federal election held in the election district of this
17 Commonwealth in which he was formerly a resident.
18 (b) Registration as overseas elector.--Requests for an
19 application for registration as an overseas elector may be made
20 by an applicant, or on his behalf by an adult member of his
21 immediate family, to the commission of the county in which the
22 applicant was formerly a resident or to the secretary if the
23 applicant does not know the county of his former residence. The
24 applications shall be forwarded to the electors by the most
25 expedited postal service available. The applications shall
26 include notice of the qualifications for registration as an
27 overseas elector and that the elector must reapply after the
28 general election in order to maintain his registration as an
29 overseas elector and shall include any other notices and
30 instructions as the secretary shall prescribe. No applicant
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1 shall be sent a ballot or vote in an election unless his
2 completed application is received by the commission on or before
3 the 30th day preceding the election. The registration shall
4 continue in effect until the first general election after
5 receipt of the registration application if the elector continues
6 to meet the requirements of section 901(c) (relating to
7 qualifications of electors in general), other than as stated in
8 section 901(c)(1). While the registration is in effect, the
9 commission shall mail each overseas elector a ballot not later
10 than 60 days before each Federal election. An overseas elector
11 who moves from one address outside the United States to another
12 address outside the United States shall not have to register
13 again if he notifies the commission of the new address not later
14 than the seventh day before the first Federal election held
15 after the move.
16 (c) Form of application.--An application for registration as
17 an overseas elector shall be on a form prescribed by the
18 secretary or by Federal law.
19 (d) Procedure upon receipt of application.--The commission,
20 upon receipt of an application for registration as an overseas
21 elector shall determine whether or not the applicant is
22 qualified to vote such a ballot, make a list of those
23 applications approved and disapproved which list shall be
24 maintained in accordance with section 3305 (relating to absentee
25 electors files and lists) and may be segregated from the files
26 of other absentee electors, and forward a Federal election
27 ballot for overseas elector to each person whose application is
28 approved. The commission shall retain the completed application
29 of each elector whose application is approved for signature
30 comparison with that on the certificate on the inner envelope
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1 containing the ballot.
2 (e) Special ballots.--Subject to the regulations of the
3 secretary, the commission may prepare special absentee ballots
4 for overseas electors, which shall permit such electors to vote
5 only for candidates in the Federal election.
6 (f) Form and mailing of ballots.--The commission shall send
7 by the most expedited postal service available with each Federal
8 election ballot for overseas elector, appropriate printed
9 instructions for its completion and return, together with an
10 inner and outer envelope similar to that required as to civilian
11 absentee ballots in a form prescribed by the secretary with a
12 legend on the inner envelope stating "Federal Election Ballot
13 for Overseas Elector." The printed instructions shall include a
14 notice to the effect that a knowing violation of the provisions
15 of this title applicable to overseas electors shall be subject
16 to appropriate criminal penalties.
17 (g) Voting by overseas electors.--The manner of casting
18 votes by means of a Federal election ballot for overseas elector
19 shall be in accordance with section 3309 (relating to voting by
20 absentee electors), except that ballots cast under this section
21 shall be counted if received by the commission before the
22 closing of the polls on the day of election.
23 (h) Counting of ballots.--On receipt of each Federal
24 election ballot for overseas elector, the signature on the
25 certificate on the inner envelope shall be compared to that on
26 the person's application. Ballots shall be approved,
27 disapproved, processed and counted and disputes in connection
28 therewith shall be handled in the same manner as is applicable
29 to other absentee ballots insofar as not inconsistent with this
30 section. These ballots may be counted at the commission and need
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1 not be distributed to election districts.
2 SUBCHAPTER B
3 VOTING IN PERSON
4 Sec.
5 3321. Time for opening and closing polls.
6 3322. Peace officers.
7 3323. Meeting and duties of election officers.
8 3324. Opening of polls using ballots.
9 3325. Opening of polls using voting machines.
10 3326. Opening of polls using electronic voting systems.
11 3327. Procedure upon application to vote.
12 3328. Grounds for rejection of votes.
13 3329. Voting checklists and record of refused applications to
14 vote.
15 3330. Decision as to qualification of electors.
16 3331. Procedure within enclosed space.
17 3332. Marking and casting ballots.
18 3333. Instruction of electors and manner of voting where voting
19 machines are used.
20 3334. Instruction of electors and manner of voting where
21 electronic voting systems are used.
22 3335. Time allowed electors in voting booth.
23 3336. Assistance in voting.
24 3337. Record of assisted voters.
25 3338. Issuance and use of ballots.
26 3339. Alternative methods in districts using voting equipment.
27 3340. Regulations in force at polling places.
28 3341. Duties after closing in paper ballot districts.
29 3342. Duties after closing in voting machine districts.
30 3343. Duties after closing concerning electronic voting
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1 systems.
2 3344. Custody of equipment when not in use.
3 § 3321. Time for opening and closing polls.
4 At all elections the polls shall be opened at 7 a.m. and
5 shall remain open continuously until 8 p.m., at which time they
6 shall be closed.
7 § 3322. Peace officers.
8 (a) Duties of constable.--The constable of each borough,
9 township or ward, or his deputy, may be present at the polling
10 place in each election district of the borough, township or ward
11 at each election during the continuance thereof and while the
12 votes are being counted for the purpose of preserving the peace.
13 The constable and each deputy performing the services shall
14 receive the same compensation payable to inspectors and clerks
15 under section 707 (relating to compensation of election
16 officers), which shall be paid by the county. This sum shall
17 include pay for serving notices in writing to persons elected at
18 such election.
19 (b) Request for aid to maintain order.--The election
20 officers or any three qualified electors of any election
21 district may call upon any mayor, chief burgess, sheriff, deputy
22 sheriff, constable, deputy constable or police officer to clear
23 an avenue to the door of any polling place which is obstructed
24 in such a way as to prevent electors from approaching or to
25 maintain order and quell any disturbance.
26 (c) Police officers.--No police officer in commission,
27 whether in uniform or in citizens' clothes, shall be within 100
28 feet of a polling place during the conduct of any election,
29 unless in the exercise of his privilege of voting or for the
30 purpose of serving warrants or unless called upon to preserve
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1 the peace, as provided by this title. This prohibition shall not
2 apply to police officers assigned to a police station or
3 headquarters located in a building or on the premises where the
4 polling place is located and the police officers must be within
5 100 feet of the polling place to enter and exit the police
6 station or headquarters. In no event may any police officer
7 unlawfully use or practice any intimidation, threats, force or
8 violence nor in any manner unduly influence or overawe any
9 elector or prevent him from voting or restrain his freedom of
10 choice nor may any police officer electioneer or directly or
11 indirectly attempt to influence the voting or electors while
12 within 100 feet of a polling place. Where polling places are
13 located in buildings or on premises where a police station or
14 headquarters are located, the polling place shall be located in
15 a separate room.
16 (d) Military personnel.--No body of troops in the Army of
17 the United States or of this Commonwealth shall be present,
18 either armed or unarmed, at any polling place within this
19 Commonwealth during the time of any election, except that no
20 officer or soldier shall be prevented from exercising his right
21 of suffrage.
22 § 3323. Meeting and duties of election officers.
23 (a) Meeting of election officers.--The judges, inspectors,
24 clerks of election, machine inspectors and overseers shall meet
25 in the respective polling places in each election district at
26 least 30 minutes before the time for opening the polls on the
27 day of each election. They shall thereupon, in the presence of
28 each other, take and subscribe in duplicate to the oaths
29 required by section 706 (relating to oath of election officers).
30 If any judge or inspector of election does not appear at the
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1 polling place by 7 a.m., the procedure prescribed in section
2 705(b) (relating to selection of district election boards) shall
3 be followed.
4 (b) Duties of election officers.--After the election board
5 has been organized, the judge of election shall designate one of
6 the inspectors of election to have custody of the district
7 register and to make the entries therein. In districts in which
8 ballots are used, the other inspector shall have charge of the
9 receipt and deposit of ballots in the ballot box, the judge or
10 one of the clerks shall issue the ballots to electors after they
11 are found entitled to vote, and the other clerk shall have
12 custody of the voting checklist, and shall place the elector's
13 certificates therein as they are received and approved. In
14 districts in which voting machines are used, the other inspector
15 or clerk shall have custody of the voting checklist, and shall
16 place the elector's certificates therein as they are received
17 and approved, and the judge of elections shall have special
18 charge of the operation of the voting machine. The judge of
19 elections may nevertheless make other arrangements for the
20 division of their duties, so long as each election officer and
21 clerk is assigned some specific duty to perform. If more than
22 one voting machine is used, the judge shall be assisted by the
23 machine inspectors, each machine inspector being assigned by him
24 to have charge of the operation of a particular machine. In all
25 election districts the judge shall assign two members of the
26 election board or clerks to keep two numbered lists of voters
27 during the progress of the voting.
28 (c) Temporary assignment of election employees.--The judge
29 of election may assign any election officer, clerk or machine
30 inspector to assist another officer, clerk or machine inspector
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1 in the performance of his duties, or to perform such duties
2 during any temporary absence or disability.
3 § 3324. Opening of polls using ballots.
4 (a) Destruction of papers in ballot boxes.--In districts in
5 which ballots are used, the election officers shall, after
6 taking the oath, open the ballot boxes which have been furnished
7 to them and totally destroy all the ballots and other papers
8 which they may find therein, before the opening of the polls.
9 Whenever during any emergency it becomes necessary to save
10 wastepaper on account of a shortage, the Governor may, by
11 proclamation, suspend the provisions relating to the destruction
12 of ballots and papers and, in that case, the election board
13 shall set the ballots and other papers aside and they shall be
14 collected and disposed of by such means and in such manner as
15 may be determined by the commission.
16 (b) Additional procedures upon opening polling place.--When
17 the polling place is opened, the ballot box shall be securely
18 locked, and shall not be opened until the close of the polls. At
19 the opening of the polls the seals of the package furnished by
20 the commission shall be publicly broken and the packages shall
21 be opened by the judge of election.
22 (c) Posting of notices.--The cards of instruction and
23 notices of penalties shall be immediately posted in each voting
24 compartment, and not less than three cards and notices of
25 penalties, and not less than five specimen ballots, and at
26 primaries at least five of each party, shall be immediately
27 posted in or about the voting room outside the enclosed space,
28 and cards of instruction, notices of penalties and specimen
29 ballots shall be given to any elector at his request, so long as
30 there are any on hand.
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1 § 3325. Opening of polls using voting machines.
2 (a) Procedures for opening polls.--In districts in which
3 voting machines are used, at the opening of the polls, the seals
4 of the package furnished by the commission shall be publicly
5 broken and the package shall be opened by the judge of election.
6 Not less than three cards of instruction and notices of
7 penalties, and not less than two diagrams of the face of the
8 machine shall be immediately posted in or about the voting room
9 outside the enclosed space, and the cards and notices of
10 penalties shall be given to any elector at his request, so long
11 as there are any on hand. Thereupon the election officers,
12 before opening the envelope containing the keys which unlock the
13 operating mechanism and registering counters or counter
14 compartment of the voting machine, shall examine the number of
15 the seal on the machine and the number registered on the
16 protective counter or device and shall see whether they are the
17 same as the numbers written on the envelope containing the keys.
18 If either number is found not to agree, the envelope shall
19 remain unopened until the election officers have notified the
20 custodian of voting machines or the commission, and until the
21 custodian or some other person authorized by the commission has
22 reexamined the machine and certified that it is properly
23 arranged. If the numbers on the seal and the protective counter
24 or device are both found to agree with the numbers on the
25 envelope, the envelope shall be opened, and where the voting
26 machine provided is not equipped with a mechanism for printing
27 paper proof sheets, the election officers shall examine the
28 registering counters and, for that purpose, shall open the doors
29 concealing the counters, if the construction of the voting
30 machine so requires and, before the polls are opened, the judge
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1 and each inspector shall carefully examine every counter and
2 shall see that it registers zero and shall allow the overseers
3 and watchers to examine the counters. When the voting machine
4 provided is equipped with a mechanism for printing paper proof
5 sheets and requires the simultaneous use of three keys to unlock
6 the registering counters or counter compartment, the judge of
7 election shall deliver one of the two keys to the minority
8 inspector to be retained by him and shall then print at least
9 two proof sheets, one of which the judge and each inspector
10 shall carefully examine to ascertain whether every counter
11 registers zero and shall then preserve the proof sheets to be
12 signed by them and returned to the commission with the duplicate
13 return sheet and shall sign and post the other proof sheet upon
14 the wall of the polling place where it shall remain until the
15 polls are closed. The key delivered by the judge of election to
16 the minority inspector shall be retained by the minority
17 inspector until the polls have been closed, and the voting and
18 counting mechanism of the machine have been locked and sealed
19 against voting, and shall then be returned to the judge of
20 election for return by him to the commission.
21 (b) Examination.--If the ballot labels containing the names
22 of offices, parties, political bodies, candidates and questions
23 are not in their proper places on the voting machine, the
24 election officers shall immediately notify the custodian of
25 voting machines or the commission, and the machine shall not be
26 used until the custodian, or some other person authorized by the
27 commission, has supplied ballot labels. If the ballot labels for
28 a voting machine are not delivered at the time required or if
29 after delivery they are lost, destroyed or stolen, the
30 commission or custodian shall cause other ballot labels to be
19870H0884B0965 - 284 -
1 prepared as nearly in the form of the official ballot labels as
2 practicable, and shall cause the ballot labels to be used in the
3 same manner, as nearly as may be, as the official ballot labels
4 would have been used.
5 (c) Certification of voting machines.--The judge, each
6 inspector of election, each clerk of election and the overseers,
7 if any, shall certify the following, and the judge of election
8 shall return the certificate to the commission at the close of
9 the polls:
10 (1) The identifying number or other designation of the
11 voting machine.
12 (2) The delivery of the keys in a sealed envelope.
13 (3) The number on the seal upon the machine.
14 (4) The number registered on the protective counter or
15 device.
16 (5) That all counters were set at zero.
17 (6) That the ballot labels are properly placed in the
18 machine.
19 (d) Examination of counters.--If any counter is found not to
20 register zero, the election officer shall immediately notify the
21 custodian or the commission who shall, if practicable, adjust or
22 cause the counters to be adjusted at zero. If it is found
23 impracticable for the custodian or other person authorized by
24 the commission to arrive in time to adjust the counters before
25 the time set for opening the polls, the election officer shall
26 immediately make a written record of the designation or
27 designating letter or number of the counter, together with the
28 number registered thereon, called the initial number, and shall
29 sign and post the number upon the wall of the polling place
30 where it shall remain until the polls are closed. However, if
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1 the voting machine used is equipped with a mechanism for
2 printing paper proof sheets, in any case where any counter is
3 shown by the proof sheet not to register zero, if it is found
4 impracticable to have such counter adjusted before the time set
5 for opening the polls, the election officer shall sign the
6 printed proof sheet and post it upon the wall of the polling
7 place where it shall remain until the polls are closed. In
8 filling out the returns of the election, if the final number of
9 such counter is greater than the initial number, the election
10 officer shall subtract the initial number from the final number
11 and enter the difference on the returns as the vote for the
12 candidate or on the question represented by the counter. If the
13 final number of the counter is less than the initial number, the
14 election officers shall add 1,000 to the final number and shall
15 subtract the initial number from the sum so ascertained, and
16 shall enter upon the returns as the vote for the candidate or on
17 the question represented by such counter the final number plus
18 1,000 less the initial number.
19 (e) Position of voting machine.--The exterior of the voting
20 machine and every part of the polling place shall be in plain
21 view of the election officers, overseers and watchers. Unless
22 its construction requires otherwise, the voting machine shall be
23 located in the polling place at least six feet back of the
24 guardrail or barrier, in such a position that the ballot labels
25 on the face of the machine can be seen plainly by the election
26 officers, overseers and watchers when the machine is not
27 occupied by a voter.
28 (f) Preservation of secrecy.--The election officers shall
29 not themselves be, nor allow any other person to be, in any
30 position that will permit anyone to see or ascertain how an
19870H0884B0965 - 286 -
1 elector votes or how he has voted.
2 (g) Inspection during election.--The election officers, or
3 one of them, shall inspect the face of the machine at frequent
4 intervals to see that the ballot labels are in their proper
5 places and that the machine has not been injured or tampered
6 with.
7 (h) Counters not to be exposed.--During an election the door
8 or other covering of the compartment containing the counters of
9 the machine shall not be unlocked or opened or the counters
10 exposed, except by the proper custodian of voting machines for
11 good and sufficient reasons, a statement of which shall be made
12 in writing and signed by him and attested by the signatures of
13 the election officers and overseers, or except upon the written
14 order of the commission for good and sufficient reason, which
15 shall be stated in the order.
16 (i) Operation of machines during election.--The machine
17 shall remain locked against voting until the polls are opened,
18 and shall not be operated except by electors in the course of
19 voting.
20 § 3326. Opening of polls using electronic voting systems.
21 Prior to the commencement of the election, the district
22 election board shall inspect the district components of the
23 electronic voting system to see that they are in proper working
24 order and they shall check all ballots, supplies, records and
25 forms and shall post the sample ballots, the cards of
26 instruction and the notices of penalties. If the voting system
27 provides for the initial computation and tabulation of votes at
28 the district level during voting hours, the district election
29 board shall break the seal on the automatic tabulating equipment
30 and assure themselves that the equipment is properly prepared
19870H0884B0965 - 287 -
1 for the particular election district designated. The district
2 board shall then determine that the counters for each candidate
3 position and for each question and the public counter are all
4 set to zero. If the system provides for tabulation of ballots
5 after the polls are closed, the test shall be conducted
6 immediately prior to its actual use. If any counter is not set
7 to zero, the district election board shall immediately notify
8 the commission which shall forthwith cause one of its
9 representatives to ascertain and correct any error. A zero
10 printout sheet or an appropriate certificate by the district
11 election board reflecting its examination shall be posted on the
12 wall of the polling place by the district election board and
13 shall remain posted until the polls are closed. At the close of
14 the polls, the district election board shall deliver the sheet
15 or certificate together with the returns to the commission.
16 § 3327. Procedure upon application to vote.
17 (a) Manner of applying to vote.--At every election each
18 elector who desires to vote shall first sign an elector's
19 certificate and, unless he is a Commonwealth or Federal employee
20 who has registered without declaring his residence by street and
21 number, he shall insert his address therein and hand it to the
22 election officer in charge of the district register. The
23 election officer shall thereupon announce the elector's name so
24 that it may be heard by all members of the election board and by
25 all watchers present in the polling place and shall compare the
26 elector's signature on his elector's certificate with his
27 signature in the district register. If, upon comparison, the
28 signature upon the elector's certificate appears to be genuine,
29 the elector who has signed the certificate shall, if otherwise
30 qualified, be permitted to vote. No person who applies to vote
19870H0884B0965 - 288 -
1 shall be permitted by any election officer or clerk or other
2 person to see the signature recorded as his in the district
3 register until after he has signed his name to the elector's
4 certificate. If the signature on the elector's certificate, as
5 compared with the signature as recorded in the district
6 register, is not deemed authentic by any of the election
7 officers, the elector shall not be denied the right to vote for
8 that reason, but shall be considered challenged as to identity
9 and required to make the affidavit and produce the evidence as
10 provided in subsection (c). When an elector has been found
11 entitled to vote, the election officer who examined his
12 elector's certificate and compared his signature shall sign his
13 name or initials on the elector's certificate; shall, if the
14 elector's signature is not readily legible, print the elector's
15 name over his signature and the number of the stub of the ballot
16 issued to him or his number in the order of admission to the
17 voting machines; and at primaries a letter of abbreviation
18 designating the party in whose primary he votes shall also be
19 entered by one of the election officers or clerks. As each
20 elector is found to be qualified and votes, the election officer
21 in charge of the district register shall write or stamp the date
22 of the election, the number of the stub of the ballot issued to
23 him or his number in the order of admission to the voting
24 machines, and at primaries a letter of abbreviation designating
25 his party, and shall sign his name or initials in the proper
26 space on the registration card of the elector contained in the
27 district register. As each elector votes, his name in the order
28 of voting shall be recorded in two numbered lists of electors
29 provided for that purpose, with the addition of a note of each
30 elector's party enrollment after his name at primaries.
19870H0884B0965 - 289 -
1 (b) Elector unable to sign his name.--If any elector is
2 unable to sign his name at the time of registration or, if
3 having been able to sign his name when registered, he
4 subsequently becomes unable to sign his name when he applies to
5 vote, he shall establish his identity to the satisfaction of the
6 election officers. In such case he shall not be required to sign
7 a elector's certificate, but a certificate shall be prepared for
8 him by one of the election officers, upon which the facts as to
9 the disability shall be noted and attested by the signature of
10 the election officer.
11 (c) Persons entitled to vote and challenge to
12 qualification.--No person, except an elector who is in the
13 uniformed services and who votes under Subchapter A (relating to
14 voting by absentee electors), shall be entitled or permitted to
15 vote at any election at any polling place outside the election
16 district in which he resides, nor shall he be permitted to vote
17 in the election district in which he resides, unless he has been
18 registered as an elector and his registration card appears in
19 the district register of the election district, except by order
20 of the court as provided in section 108 (relating to election
21 day duties of the court). Any person, although registered as an
22 elector, may be challenged by any elector, election officer,
23 overseer or watcher at any election as to his identity, as to
24 his continued residence in the election district or as to any
25 alleged violation of this section. If challenged as to identity
26 or residence, he shall produce at least one elector of the
27 election district as a witness, who shall make an affidavit of
28 his identity or continued residence in the election district. No
29 person shall be entitled to vote as a member of a party at any
30 primary unless he is registered and enrolled as a member of the
19870H0884B0965 - 290 -
1 party upon the district register, which enrollment shall be
2 conclusive as to his party membership and shall not be subject
3 to challenge on the day of the primary.
4 § 3328. Grounds for rejection of votes.
5 (a) Rejection of certain votes.--The election officers shall
6 reject the vote of any person at any election who gives or
7 promises or offers to give to an elector any money, reward or
8 other valuable consideration for his vote at the election or for
9 the withholding thereof, or who gives or promises to give such
10 consideration to any other person or party for the elector's
11 vote or for the withholding thereof, or who receives or agrees
12 to receive for himself or for another any money, reward or other
13 valuable consideration for his vote at the election or for the
14 withholding thereof.
15 (b) Challenge of electors.--The vote of any elector shall be
16 rejected by the election officers if they or any one of them of
17 their own knowledge knows him to be guilty of a violation of
18 this section, or if upon challenge of the elector by any
19 elector, election officer, overseer or watcher, it is proved to
20 their satisfaction that the elector has violated this section,
21 and in no case shall any elector so challenged be permitted to
22 vote unless he makes written affidavit that the matter of the
23 challenge is untrue.
24 § 3329. Voting checklists and record of refused applications to
25 vote.
26 After each elector has been admitted to vote, his elector's
27 certificate shall be inserted in the file or binder provided by
28 the commission for that purpose, known as the voting checklist,
29 and the elector's certificate so bound shall constitute the
30 official list of electors voting at the election. All elector's
19870H0884B0965 - 291 -
1 certificates prepared by persons applying to vote whose
2 applications to vote are refused by the election officer shall
3 be carefully preserved and returned to the commission with the
4 other papers.
5 § 3330. Decision as to qualification of electors.
6 The inspectors of election shall investigate and pass upon
7 the qualifications of all persons claiming the right to vote at
8 any election, and if the inspectors disagree upon the right of
9 any person to vote, the judge of election shall decide the
10 question. If the judge is unable to decide, then the overseers
11 of election, if they are agreed, shall decide the question.
12 § 3331. Procedure within enclosed space.
13 (a) Entry into enclosed space.--No elector shall be allowed
14 to enter the enclosed space until he is found entitled to vote.
15 (b) Receipt of ballot by inspector.--As soon as an elector
16 has been admitted within the enclosed space, the election
17 officer having charge of the ballots in districts in which
18 ballots are used shall detach a ballot from the stub and give it
19 to the elector, first folding it so that the words and figures
20 printed on the back are the only words and figures visible, and
21 no ballots shall be deposited in the ballot box unless folded in
22 the same manner. Not more than one ballot shall be detached from
23 its stub in any book of ballots at any one time. Not more than
24 one ballot shall be given to any elector, but if an elector
25 inadvertently spoils a ballot, he may obtain another upon
26 returning the spoiled one. The ballots thus returned shall be
27 immediately canceled and at the close of the polls shall be
28 enclosed in an envelope, sealed and returned to the commission.
29 (c) Admission to voting booth.--After being found to be
30 qualified and admitted within the enclosed space, the elector
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1 shall be admitted to the voting booth as soon as it is vacant,
2 and shall be permitted to vote.
3 (d) Limitation on number of electors in enclosed space.--Not
4 more than twice as many electors waiting to vote as there are
5 voting compartments or voting machines in use in the district
6 shall be admitted within the enclosed space at any one time.
7 § 3332. Marking and casting ballots.
8 (a) Preparation of ballot.--In districts in which ballots
9 are used the elector, after receiving his ballot, shall retire
10 to one of the voting compartments and draw the curtain or shut
11 the screen or door, and shall then prepare his ballot.
12 (b) Marking of ballot at primaries.--At primaries the
13 elector shall prepare his ballot in the following manner: He may
14 vote for the candidates of his choice for nomination or
15 election, according to the number of persons to be voted for by
16 him, for each office, by making a cross (X) or check (_/) mark
17 in the square opposite the name of the candidate, or he may
18 insert by writing, stamping or sticker, in the blank space
19 provided therefor, any name not already printed on the ballot,
20 and the insertion shall count as a vote without the making of a
21 cross (X) or check (_/) mark.
22 (c) Marking of ballots in other elections.--At elections
23 other than primaries the elector shall prepare his ballot in the
24 following manner: He may vote for the candidates of his choice
25 for each office to be filled according to the number of persons
26 to be voted for by him for each office, by making a cross (X) or
27 check (_/) mark in the square opposite the name of the
28 candidate, or he may insert by writing, stamping or sticker, in
29 the blank space provided therefor, any name not already printed
30 on the ballot, and the insertion shall count as a vote without
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1 the making of a cross (X) or check (_/) mark. If he desires to
2 vote for every candidate of a party or political body, except
3 its candidates for offices as to which he votes for individual
4 candidates, he may make a cross (X) or check (_/) mark in the
5 square opposite the name of the party or political body of his
6 choice in the party column on the left of the ballot, and every
7 such cross (X) or check (_/) mark shall be equivalent to and be
8 counted as a vote for every candidate of a party or political
9 body so marked, including its candidates for presidential
10 electors, except for those offices as to which he has indicated
11 a choice for individual candidates of the same or another party
12 or political body by making a cross (X) or a check (_/) mark
13 opposite their names, as to which offices his ballot shall be
14 counted only for those candidates which he has thus individually
15 marked, notwithstanding the fact that he made a mark in the
16 party column, and even though in the case of an office for which
17 more than one candidate is to be voted for, he has not
18 individually marked for the office the full number of candidates
19 for which he is entitled to vote. If he desires to vote for the
20 entire group of presidential electors nominated by any party or
21 political body, he may make a cross (X) or check (_/) mark in
22 the appropriate square at the right of the names of the
23 candidates for President and Vice President of the party or
24 body. If he desires to vote a ticket for presidential electors
25 made up of the names of persons nominated by different parties
26 or political bodies, or partially of names of persons so
27 nominated and partially of names of persons not nominated by any
28 party or political body, or wholly of names of persons not
29 nominated by any party or political body, he shall insert the
30 names of the candidates for presidential electors for whom he
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1 desires to vote in the blank spaces provided therefor under the
2 title of the office "Presidential Electors." In case of a
3 question submitted to the vote of the electors, he may make a
4 cross (X) or check (_/) mark in the appropriate square opposite
5 the answer which he desires to give.
6 (d) Deposit of ballots into ballot box.--Before leaving the
7 voting compartment the elector shall fold his ballot, without
8 displaying the markings thereon, in the same way it was folded
9 when received by him, and he shall then leave the compartment
10 and exhibit the ballot to one of the election officers who shall
11 ascertain by an inspection of the number appearing upon the
12 right-hand corner of the back of the ballot whether the ballot
13 so exhibited to him is the same ballot which the elector
14 received before entering the voting compartment. If it is the
15 same, the election officer shall direct the elector, without
16 unfolding the ballot, to remove the perforated corner containing
17 the number, and the elector shall immediately deposit the ballot
18 in the ballot box. Any ballot deposited in a ballot box at any
19 election without having the number torn off shall be void and
20 shall not be counted.
21 § 3333. Instruction of electors and manner of voting where
22 voting machines are used.
23 (a) Instruction of electors.--In districts in which voting
24 machines are used the election officers shall, with the aid of
25 the diagrams authorized by this title and the mechanically
26 operated model, instruct each elector before he enters the
27 voting machine booth regarding the operation of the machine, and
28 give the elector the opportunity personally to operate the
29 model. In election districts using full-scale models listing the
30 actual ballot labels for the election, any elector who desires a
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1 demonstration of the full-sized scale model shall select any
2 elector who is legally entitled to be inside the polling place
3 under this title to give him a demonstration.
4 (b) Instructions after entry into voting booth.--If any
5 elector after entering the voting machine booth and before
6 closing of the booth asks for further instructions concerning
7 the manner of voting, any one of the election officers may give
8 him instructions, but no person giving an elector instructions
9 shall in any manner request, suggest or seek to persuade or
10 induce the elector to vote any particular ticket or for any
11 particular candidate or for or against any particular question.
12 After giving instructions and before the elector closes the
13 booth or votes, the election officer shall retire and the
14 elector shall vote.
15 (c) Adjustment of machines at primaries.--At primaries,
16 before an elector is admitted to the voting machine, it shall be
17 adjusted by the election officer in charge thereof, so that the
18 elector will only be able to vote for the candidates of the
19 party in which he is registered and enrolled and for candidates
20 for nonpartisan nomination, if any.
21 (d) Manner of voting.--At primaries an elector shall vote
22 for each candidate individually by operating the key, handle,
23 pointer or knob upon or adjacent to which the name of the
24 candidate is placed. At elections other than primaries he may
25 vote for each candidate individually by operating the key,
26 handle, pointer or knob upon or adjacent to which the names of
27 candidates of his choice are placed, or he may vote a straight
28 party ticket in one operation by operating the straight party
29 lever of the party or political body of his choice, if the
30 machine has thereon a separate lever for all the candidates of
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1 the political body. He may also, after having operated the
2 straight party lever and before recording his vote, cancel the
3 vote for any candidate of the party or political body by
4 replacing the individual key, handle, pointer or knob of the
5 candidate and may thereupon vote for a candidate of another
6 party or political body for the same office by operating the
7 key, handle, pointer or knob upon or adjacent to which the name
8 of the candidate appears. In the case of a question submitted to
9 the vote of the electors, the elector shall operate the key,
10 handle, pointer or knob corresponding to the answer which he
11 desires to give.
12 (e) Write-in ballots.--An elector may, at any election, vote
13 for any person for any office for which office his name does not
14 appear upon the voting machine as a candidate, by a write-in
15 ballot containing the name of the person deposited, written or
16 affixed in or upon the appropriate receptacle or device provided
17 in or on the machine for that purpose and in no other manner.
18 Where two or more persons are to be elected to the same office,
19 and the name of each candidate is placed upon or adjacent to a
20 separate key, handle, pointer or knob, and the voting machine
21 requires that all write-in ballots voted for that office be
22 deposited, written or affixed in or upon a single receptacle or
23 device, an elector may vote in or by the receptacle or device
24 for one or more persons whose names do not appear upon the
25 machine, with or without the names of one or more persons whose
26 names do so appear. With these exceptions no write-in ballot
27 shall be cast on a voting machine for any person for any office,
28 whose name appears on the machine as a candidate for that office
29 and any ballot so cast shall be void and not counted.
30 (f) Manner of voting for presidential electors.--At any
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1 general election at which presidential electors are to be
2 chosen, each elector shall be permitted to vote by one operation
3 for all the presidential electors of a party or political body.
4 For each party or political body nominating presidential
5 electors, a ballot label shall be provided containing the words
6 "Presidential Electors," preceded by the names of the party or
7 political body and followed by the names of the candidates
8 thereof for the office of President and Vice President, and the
9 corresponding counter or registering device shall register votes
10 cast for the electors when thus voted for collectively. If an
11 elector desires to vote a ticket for presidential electors made
12 up of names of persons nominated by different parties or bodies,
13 or partially of names of persons so nominated and partially of
14 names of persons not nominated by any party or political body,
15 or wholly of names of persons not nominated by any party or
16 political body, he may write or deposit a paper ballot prepared
17 by himself in the receptacle provided in or on the machine for
18 the purpose. The machine shall be so constructed that it will
19 not be possible for any one elector to vote a straight party
20 ticket for presidential electors and at the same time to deposit
21 a ballot for presidential electors in a receptacle. When the
22 votes for presidential electors are counted, the votes appearing
23 upon the counter or registering device corresponding to the
24 ballot label containing the names of the candidates for
25 President and Vice President of any party or body shall be
26 counted as votes for each of the candidates for presidential
27 elector of the party or body, and thereupon all candidates for
28 presidential elector shall be credited in addition with the
29 votes cast for them upon the ballots deposited in the machine.
30 (g) Operation of voting machine.--As soon as the elector has
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1 adjusted the voting machine so that it will record his choice
2 for the various candidates to be voted for, and his answers to
3 the various questions submitted, he shall operate the recording
4 mechanism and immediately leave the voting machine booth.
5 § 3334. Instruction of electors and manner of voting where
6 electronic voting systems are used.
7 (a) Instruction at the polling place.--At the polling place
8 on the day of the election, each elector who desires shall be
9 instructed, by means of appropriate diagrams and a model, in the
10 operation of the voting device before he enters the voting
11 booth. If any elector asks for further instructions concerning
12 the manner of voting after entering the voting booth, any
13 election officer may give him audible instructions without
14 entering the booth, but no election officer shall, when giving
15 instructions in any manner request, suggest or seek to persuade
16 or induce any elector to vote any particular ticket or for any
17 particular candidate or other person or for or against any
18 particular question.
19 (b) Manner of voting using electronic vote registration.--In
20 an election district which uses an electronic voting system in
21 which votes are registered electronically:
22 (1) At primaries, the election officer in charge shall
23 adjust the voting system before the elector records any vote
24 so that he will only be able to register a vote for
25 candidates on the ballot of his party or for persons whose
26 names are not on the official ballot, for candidates for
27 nonpartisan nominations, if any, and for any questions upon
28 which he is entitled to vote.
29 (2) At primaries, the elector shall be able to vote for
30 each candidate individually by the means provided. At
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1 elections other than primaries, he may vote for each
2 candidate individually or he may vote a straight party ticket
3 in one operation by operating the straight party mechanism of
4 the party or political body of his choice. He may also, after
5 having operated the straight party mechanism and before
6 recording his vote, cancel the vote for any candidate of the
7 party or political body and may thereupon vote for a
8 candidate of another party or political body for the same
9 office. The elector may also vote individually for or against
10 a question.
11 (3) An elector may, at any election, vote for any person
12 for any office for which his name does not appear upon the
13 ballot label as a candidate, by writing the identification of
14 the office and the name of the person in or upon the
15 appropriate receptacle or device provided for that purpose.
16 No write-in vote shall be cast on a voting device for any
17 person for any office whose name appears on the ballot label
18 as a candidate for that office and any vote so cast shall be
19 void and not counted.
20 (4) At any election at which presidential electors are
21 to be chosen, each elector shall be permitted to vote by one
22 operation for all the presidential electors of a party or
23 political body. For each party or political body nominating
24 presidential electors, a ballot label shall be provided
25 containing only the words "Presidential Electors," preceded
26 by the names of the party or body and followed by the names
27 of the candidates thereof for the office of President and
28 Vice President and the corresponding counter or registering
29 device shall register votes cast for the presidential
30 electors when thus voted for collectively. If any elector
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1 desires to vote a ticket for presidential electors made up of
2 the names of persons nominated by different parties or
3 political bodies or partially of names of persons so
4 nominated and partially of names of persons not nominated by
5 any party or political body, or wholly of names of persons
6 not nominated by any party or political body, he may write or
7 deposit a paper ballot prepared by himself in the receptacle
8 provided in or on the voting device for that purpose or he
9 may list their names on the write-in ballot or envelope
10 provided for that purpose. The voting device shall be so
11 constructed that it will not be possible for any one elector
12 to vote a straight party ticket for presidential electors and
13 at the same time to deposit a ballot for presidential
14 electors in a receptacle. When the votes for presidential
15 electors are counted, the votes appearing upon the counter or
16 registering device corresponding to the ballot label
17 containing the names of the candidates for President and Vice
18 President of any party or political body shall be counted as
19 votes for each of the candidates for presidential elector of
20 the party or political body and thereupon all candidates for
21 presidential elector shall be credited in addition with the
22 votes cast for them upon the ballots deposited in the
23 machine.
24 (5) As soon as the elector has adjusted the voting
25 device so that it will record his choices for the various
26 candidates to be voted for and his answers to the various
27 questions submitted, he shall operate the recording mechanism
28 of the voting device and immediately leave the voting booth.
29 (c) Manner of voting for system using paper ballots or
30 ballot cards.--In an election district which uses an electronic
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1 voting system which uses paper ballots or ballot cards to
2 register the votes:
3 (1) The elector, after receiving his ballot from the
4 district election officials, shall retire to one of the
5 voting booths in which the voting devices are located.
6 (2) At all elections, the elector shall vote for the
7 candidates of his choice for nomination or for election for
8 each office to be filled, according to the number of persons
9 to be voted for by him for each office, by making a cross (X)
10 or check (_/) mark or by making a punch or mark sense mark in
11 the square opposite the name of the candidate or he may so
12 mark the write-in position provided on the ballot for the
13 particular office and, in the space provided therefor on the
14 ballot or ballot envelope, write the identification of the
15 office in question and the name of any person not already
16 printed on the ballot for that office, and the mark and
17 written insertion shall count as a vote for that person for
18 the office.
19 (3) If the elector desires to vote for every candidate
20 of a party or political body, except its candidates for
21 offices as to which he votes for individual candidates, he
22 may make a cross (X) or check (_/) mark or punch or mark
23 sense mark in the square opposite the name of the party or
24 political body so marked, including its candidates for
25 presidential electors, except for those offices as to which
26 he has indicated a choice for individual candidates of the
27 same or another party or political body, by making a cross
28 (X) or check (_/) mark or punch or mark sense mark opposite
29 their names as to which offices his ballot shall be counted
30 only for the candidates which he has thus individually
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1 marked, notwithstanding the fact that he made a mark in the
2 party column and even though, in the case of an office for
3 which more than one candidate is to be voted for, he has not
4 individually marked for the office the full number of
5 candidates for which he is entitled to vote. If he desires to
6 vote for the entire group of presidential electors nominated
7 by any party or political body, he may make a cross (X) or
8 check (_/) mark or punch or mark sense mark in the
9 appropriate space opposite the names of the candidates for
10 President and Vice President of the party or political body.
11 If he desires to vote a ticket for presidential electors made
12 up of the names of persons nominated by different parties or
13 political bodies or partially of names of persons so
14 nominated and partially of names of persons not nominated by
15 any party or political body, or wholly of names of persons
16 not nominated by any party or political body, he shall insert
17 the names of the candidates for presidential electors for
18 whom he desires to vote in the blank spaces provided therefor
19 on the write-in ballot under the title of the office
20 "Presidential Electors." In case of a question submitted to
21 the vote of the electors, he may make a cross (X) or check
22 (_/) mark or punch or mark sense mark in the appropriate
23 square opposite the answer which he desires to give.
24 (4) Any elector who spoils his ballot may return it and
25 secure another. The word "spoiled" shall be written across
26 the face of the ballot and it shall be placed in the envelope
27 marked "Spoiled Ballots." The envelope shall be sealed and
28 returned to the commission.
29 (5) Following the completion of his vote, the elector
30 shall leave the voting booth and return the ballot to the
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1 election officer by a means designed to insure its secrecy.
2 Upon removal of the stub of the ballot by the election
3 officer, the elector shall insert the ballot into the
4 district automatic tabulating equipment or, in the event
5 district tabulation is not provided for by the voting system
6 or such district tabulation equipment is inoperative, into a
7 secure ballot box. No ballot card from which the stub has
8 been detached shall be accepted by the election officer in
9 charge of the equipment or ballot box, but it shall be marked
10 "spoiled" and shall be placed in the envelope marked "Spoiled
11 Ballots."
12 § 3335. Time allowed electors in voting booth.
13 No elector shall remain in a voting compartment or voting
14 machine booth an unreasonable length of time and in no event for
15 more than three minutes, and if he refuses to leave after that
16 period, he shall be removed by the election officers. They may
17 grant him a longer time if other electors are not waiting to
18 vote.
19 § 3336. Assistance in voting.
20 (a) General rule.--No elector shall be permitted to receive
21 any assistance in voting at any election unless there is
22 recorded upon his registration card his declaration that because
23 of illiteracy he is unable to read the names on the ballot or
24 ballot labels, or that he has a physical disability which
25 renders him unable to see or mark the ballot or operate the
26 voting machine or to enter the voting compartment or booth
27 without assistance, the exact nature of the disability being
28 recorded on the registration card, and unless the election
29 officers are satisfied that he still suffers from the same
30 disability. Before he is permitted to receive assistance the
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1 elector shall state distinctly and audibly under oath, which
2 shall be administered to him by the judge of election, the
3 reason why he requires assistance.
4 (b) Selection of elector for assistance.--Any elector who is
5 entitled to receive assistance in voting under this section
6 shall be permitted by the judge of election to select an elector
7 of the election district to enter the voting compartment or
8 booth with him to assist him in voting, the assistance to be
9 rendered inside the voting compartment or booth.
10 § 3337. Record of assisted voters.
11 In every case of assistance under this section, the judge of
12 election shall immediately record in a book furnished by the
13 commission to be known as the record of assisted electors:
14 (1) The elector's name.
15 (2) A statement of the facts which entitle him to
16 receive assistance.
17 (3) The name of the person furnishing the assistance.
18 The record of assisted electors shall be returned by the judge
19 of election to the commission with the other required papers and
20 the commission shall permit it to be examined only upon the
21 written order of the court or upon issuance of a subpoena. The
22 commission shall examine any records of assisted electors in
23 order to ascertain whether electors who have lawfully declared
24 their need for assistance actually received assistance when
25 voting.
26 § 3338. Issuance and use of ballots.
27 No official ballot shall be taken or detached from its stub
28 in any book of ballots except by an election officer or clerk
29 when a person desiring to vote has been found to be an elector
30 entitled to vote. Not more than one ballot shall be removed at
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1 any one time or given to an elector, except in the case of a
2 spoiled ballot. No person other than the election officers shall
3 take or remove any ballot from the polling place. No ballot
4 without the official endorsement shall, except as otherwise
5 provided, be deposited in the ballot box, and no other ballots
6 shall be counted. If any ballot appears to have been obtained
7 otherwise than from the commission as provided in this title,
8 the ballot shall not be counted and the judge of election shall
9 transmit the ballot to the district attorney without delay,
10 together with whatever information he may have regarding the
11 ballot.
12 § 3339. Alternative methods in districts using voting
13 equipment.
14 (a) Preparation of unofficial ballot labels.--If ballot
15 labels for an election district at which a voting machine or an
16 electronic voting system is to be used are not delivered, or are
17 not in proper form, and substitute ballot labels cannot be
18 supplied by the commission, the judge of election shall cause
19 other labels to be prepared as nearly in the form of official
20 ballot labels as practicable and the election officers shall use
21 the labels at the election, in the same manner, as nearly
22 possible, as the official labels. The labels, so substituted,
23 shall be known as unofficial ballot labels.
24 (b) Out of order machines.--If any voting machine or
25 electronic voting system being used in the election becomes out
26 of order during the election, it shall, if possible, be repaired
27 or another machine or system substituted by the custodian or
28 commission as promptly as possible, for which purpose the
29 commission may purchase as many extra voting machines, systems
30 or system components as it may deem necessary. In case the
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1 repair or substitution cannot be made, paper ballots in any
2 suitable form may be used.
3 § 3340. Regulations in force at polling places.
4 (a) Persons permitted in the polling place.--Until the polls
5 are closed, no person shall be allowed in the polling place
6 outside of the enclosed space at any election, except the
7 watchers, electors not exceeding ten at any one time who are
8 awaiting their turn to vote and peace officers when necessary
9 for the preservation of the peace. No elector shall be allowed
10 to occupy a voting compartment or voting machine booth already
11 occupied by another, except when giving assistance as permitted
12 by this title.
13 (b) Reentry of enclosed space.--No elector, except an
14 election officer, clerk, machine inspector or overseer, shall be
15 allowed to reenter the enclosed space after he has once left it,
16 except to give assistance as provided by this title.
17 (c) Limitation on solicitation of votes.--No person, when
18 within the polling place, shall electioneer or solicit votes for
19 any party, political body or candidate, nor shall any written or
20 printed matter be posted within the room, except as required by
21 this title.
22 (d) Distance from polling place.--All persons, except
23 election officers, clerks, machine inspectors, overseers,
24 watchers, persons in the course of voting, persons lawfully
25 giving assistance to voters, peace officers and police officers,
26 when permitted by this title, must remain at least ten feet
27 distant from the polling place during the progress of the
28 voting.
29 (e) Closing of polls.--When the time for closing the polls
30 arrives all electors who have already qualified, and are inside
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1 the enclosed space, shall be permitted to vote. In addition, all
2 those electors who are in the polling place outside the enclosed
3 space waiting to vote and all those electors who are in line
4 either inside or outside of the polling place waiting to vote
5 shall be permitted to do so, if found qualified. No other
6 electors shall be permitted to vote.
7 (f) Maintenance of order.--The judge of election shall
8 secure the observance of this section, keep order in the voting
9 room and see that no more persons are admitted within the
10 enclosed space than are permitted by this title. The judge of
11 election may call upon any peace officer to aid him in the
12 performance of these duties.
13 § 3341. Duties after closing in paper ballot districts.
14 (a) Accounting for ballots.--After the polls are closed and
15 the last elector has voted in districts in which ballots are
16 used, the election officers, clerks and overseers, if any, shall
17 remain within the enclosed space. Before the ballot box is
18 opened, the number of ballots issued to electors as shown by the
19 stubs, and the number of ballots spoiled and returned by voters
20 and canceled, shall be announced to all present in the voting
21 room, and entered on the general returns of votes cast at the
22 election. At primaries, the number of ballots issued and the
23 number of ballots spoiled, returned and canceled shall be
24 announced and entered on the general returns for each party. The
25 election officers shall then compare the number of electors
26 voting as shown by the stubs with the number of names marked as
27 voting in the district register, voting checklist and numbered
28 lists of voters, shall announce the result and shall enter on
29 the general returns the number of electors who have voted, as
30 shown by the voting checklist. If any differences exist, they
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1 shall be reconciled, if possible; otherwise they shall be noted
2 on the general returns.
3 (b) Records to be sealed.--The district register, the voting
4 checklist, the numbered lists of voters and the stubs of all
5 ballots used, together with all unused ballots all spoiled and
6 canceled ballots, and all rejected elector's certificates shall
7 then be placed in separate packages, containers or envelopes and
8 sealed before the ballot box is opened.
9 § 3342. Duties after closing in voting machine districts.
10 As soon as the polls are closed, and the last elector has
11 voted, the election officers shall immediately lock and seal the
12 operating lever or mechanism of the machine, so that the voting
13 and counting mechanism will be prevented from operation. The
14 clerk and the overseers shall then certify the following, and
15 the certificate shall be returned to the commission with the
16 other required certificates:
17 (1) That the machine has been locked against voting and
18 sealed.
19 (2) The number, as shown on the public counter.
20 (3) The number on the seal which they have placed upon
21 the machine.
22 (4) The number registered on the protective counter or
23 device.
24 (5) The number or other designation of the voting
25 machine.
26 The names of all electors on the district register marked or
27 stamped as having voted shall be immediately counted and the
28 result compared with the number of persons voting, as shown by
29 the voting checklist and numbered lists of voters, and announced
30 and the cause of any difference ascertained, if possible, before
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1 the voting machine is canvassed. The numbered lists of electors,
2 the district register, the voting checklist and all rejected
3 elector's certificates shall then be placed in separate
4 packages, containers or envelopes and sealed before the voting
5 machines are canvassed.
6 § 3343. Duties after closing concerning electronic voting
7 systems.
8 (a) District tabulation.--As soon as the polls have closed
9 and the last elector has voted in districts having an electronic
10 voting system which employs paper ballots or ballot cards and
11 district tabulation is provided for, the number of the ballots
12 issued to electors as shown by the stubs and the number of
13 ballots spoiled and returned by electors and canceled, shall be
14 announced to all present in the polling place and entered on the
15 general returns of votes cast at the election. At primaries, the
16 number of ballots issued and the number of ballots spoiled,
17 returned and canceled shall be announced and entered on the
18 general returns for each party. The district election officers
19 shall then compare the number of names marked as voting in the
20 district register, voting checklist and numbered lists of
21 electors, shall announce the result and shall enter on the
22 general returns the number of electors who have voted, as shown
23 by the voting checklist. Any differences which exist shall be
24 reconciled where possible and where reconciliation is not
25 possible the differences shall be noted on the general returns.
26 The district register, the voting checklist, the numbered lists
27 of voters and the stubs of all ballots used, together with all
28 unused ballots and all spoiled and canceled ballots and all
29 rejected voters certificates shall then be placed in separate
30 packages, containers or envelopes and sealed before the
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1 tabulation of any ballots.
2 (b) Central tabulation.--In the event district tabulation of
3 votes is not provided for by the voting system, the judge of
4 election shall prepare a report of the number of voters who have
5 voted, as indicated by the voting checklist and numbered lists
6 of electors poll list. He shall also prepare a report of the
7 number of spoiled ballots and the number of unused ballots and
8 deliver the original copy of this report to the commission under
9 seal. The minority inspector shall keep a duplicate copy of this
10 report. Both reports shall be signed by all district election
11 officers. The judge of election and minority inspector shall
12 forthwith deliver the sealed transport carrier containing all
13 voted ballot cards to the commission or to such places as the
14 commission may designate. The commission may provide that the
15 ballot container and reports may, upon proper certification and
16 signature, instead be picked up at the polling places by two
17 authorized election deputies of different parties.
18 § 3344. Custody of equipment when not in use.
19 The commission shall employ a person or persons who shall
20 have the custody of the voting equipment and the keys therefor,
21 when it is not in use at an election. All voting equipment when
22 not in use shall be properly boxed or covered and stored in a
23 suitable safe place or places. The keys for an electronic voting
24 system shall be kept in a security vault.
25 PART X
26 ELECTION RESULTS
27 Chapter
28 35. Tabulation and Computation of Returns
29 37. Recanvass and Contests
30 CHAPTER 35
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1 TABULATION AND COMPUTATION OF RETURNS
2 Subchapter
3 A. Tabulation of Absentee Returns
4 B. Tabulation of Ballots
5 C. Tabulation Using Voting Machines
6 D. Tabulation Using Electronic Voting Systems
7 E. Computation of Returns by Commissions
8 SUBCHAPTER A
9 TABULATION OF ABSENTEE RETURNS
10 Sec.
11 3501. Canvassing of official absentee ballots.
12 § 3501. Canvassing of official absentee ballots.
13 (a) General rule.--The commissions, upon receipt of official
14 absentee ballots in envelopes, shall safely keep them in sealed
15 or locked containers until they distribute them to the
16 appropriate election districts in a manner prescribed by the
17 secretary. The commission shall then distribute the absentee
18 ballots, unopened, to the absentee elector's respective election
19 district concurrently with the distribution of the other
20 election supplies. Absentee ballots shall be canvassed
21 immediately and continuously without interruption until
22 completed after the close of the polls on the day of the
23 election. The results of the canvass of the absentee ballots
24 shall then be included in and returned to the commission with
25 the returns of that district. No absentee ballot shall be
26 counted which is received in the office of the commission later
27 than 5 p.m. on the Friday immediately preceding the election.
28 Watchers shall be permitted to be present when the envelopes
29 containing official absentee ballots are opened and when the
30 ballots are counted and recorded.
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1 (b) Deceased electors.--Whenever it is proven that any
2 absentee elector who has returned his ballot in accordance with
3 this title has died prior to the opening of the polls on the day
4 of the election, the ballot of the deceased elector shall be
5 rejected by the canvassers but the counting of the ballot of an
6 elector thus deceased shall not of itself invalidate any
7 nomination or election.
8 (c) Challenge to absentee ballots.--At the time the absentee
9 votes are counted, the district election board shall examine the
10 declaration on each envelope and shall compare the information
11 thereon with that contained in the registered absentee electors
12 file, the absentee electors list and the military, veterans and
13 emergency civilians absentee electors file. If the district
14 election board is satisfied that the declaration is sufficient
15 and the information contained in the records verifies his right
16 to vote, the district election board shall announce the name of
17 the elector and shall give any watcher present an opportunity to
18 challenge the absentee elector upon the ground that the absentee
19 elector is not a elector or that he is not entitled to cast an
20 absentee ballot because of presence within the county of his
21 residence on the day of the election during the period the polls
22 were open or otherwise. Upon challenge of any absentee elector,
23 the district election board shall marked "challenged" on the
24 envelope together with the reason or reasons therefor, and it
25 shall be set aside for return to the commission unopened pending
26 decision by the commission and shall not be counted.
27 (d) Counting of absentee ballots.--All absentee ballots not
28 challenged for any of the reasons provided shall be counted and
29 included with the general return. The district election board
30 shall open the envelope of every unchallenged absentee elector
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1 in such manner as not to destroy the declaration executed
2 thereon. All of the envelopes on which are printed, stamped or
3 endorsed the words "Official Absentee Ballot" shall be placed in
4 one or more depositories at one time and well shaken and the
5 envelopes mixed before any envelope is taken therefrom. If any
6 of these envelopes contains any extraneous marks or identifying
7 symbols other than the words "Official Absentee Ballot," the
8 envelopes and the ballots contained shall be set aside and
9 declared void. The district election board shall then break the
10 seals of the envelopes, remove the ballots and record the votes
11 in the same manner as district election officers are required to
12 record votes.
13 (e) Disposition of challenged absentee ballots and
14 hearings.--The challenged absentee ballots shall be returned to
15 the commission with the returns of the election district where
16 they shall be placed unopened in a secure, safe and sealed
17 container in the custody of the commission until it fixes a time
18 and place for a hearing of all the challenges. Notice shall be
19 given where possible to all absentee electors thus challenged
20 and to every attorney, watcher or candidate who made a
21 challenge. The time for the hearing shall not be later than
22 seven days after the date of the challenge. On the day fixed for
23 the hearing, the commission shall proceed without delay to hear
24 the challenges. The commission shall not be bound by technical
25 rules of evidence. The testimony presented shall be
26 stenographically recorded and made part of the record of the
27 hearing. The decision of the commission in upholding or
28 dismissing any challenge may be appealed to the court upon a
29 petition filed by any person aggrieved. The appeal shall be
30 taken within two days after the decision has been made, whether
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1 reduced to writing or not, setting forth the objections to it.
2 Pending the final determination of all appeals, the commission
3 shall suspend any action in canvassing and computing all
4 challenged ballots irrespective of whether or not an appeal was
5 taken from the commission's decision. Upon completion of the
6 computation of the returns of the county, the votes cast upon
7 the challenged official absentee ballots shall be added to the
8 other votes cast within the county.
9 (f) Deposit of funds.--Any person challenging an application
10 for an absentee ballot or an absentee ballot for any of the
11 reasons provided in this title shall deposit $10 in cash with
12 the district election board, or with the commission in cases of
13 challenges made to the commission, for each challenge made. This
14 deposit shall only be refunded if the challenge is sustained or
15 if the challenge is withdrawn within five days after the
16 election. If the challenge is dismissed the deposit shall be
17 forfeited. All deposit money received by the district election
18 board shall be turned over to the commission simultaneously with
19 the return of the challenged ballots. The commission shall
20 deposit all deposit money in the general fund of the county.
21 SUBCHAPTER B
22 TABULATION OF BALLOTS
23 Sec.
24 3511. Procedure for counting ballots.
25 3512. Interpretation of ballots.
26 3513. Signing and disposition of documents.
27 § 3511. Procedure for counting ballots.
28 (a) General rule.--As soon as all the ballots have been
29 properly accounted for, and those outside the ballot box, as
30 well as the voting checklist, numbered lists of voters and
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1 district register sealed, the election officers shall
2 immediately open the ballot box and take out all ballots
3 therein, and at primaries, separate them according to party.
4 The ballots shall then be counted one by one, and a record made
5 of the total number, and at primaries of the total number cast
6 for each party. Then the judge under the scrutiny of the
7 minority inspector, or the minority inspector under scrutiny of
8 the judge, in the presence of the other officers, clerks and of
9 the overseers, if any, and within the hearing and sight of the
10 watchers outside the enclosed space, shall read aloud the names
11 of the candidates marked or inserted upon each ballot together
12 with the office for which the person named is a candidate, and
13 the answers contained on the ballots to the questions submitted.
14 At primaries the ballots of each party shall be read in
15 sequence. The majority inspector and clerks shall carefully
16 enter each vote as read, and keep account of the vote in ink in
17 triplicate tally papers to be provided by the commission for
18 that purpose, all three of which shall be made at the same time.
19 At elections other than primaries, in entering each vote
20 received by candidates, it is not necessary to enter separate
21 tally marks for each vote received by the candidates upon the
22 ballots containing the same votes for the same names, commonly
23 known and in this title designated as "straight party tickets."
24 Straight party ticket votes shall be entered carefully as each
25 straight party ticket vote is read on the triplicate tally
26 sheets under the heading "Number of votes received upon the
27 (name of party) straight party tickets." Upon completing the
28 number of votes received by each straight party ticket, the
29 number so tallied for each party shall be entered numerically on
30 the extreme right-hand margin of each tally paper. All ballots,
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1 after being removed from the box, shall be kept within the
2 unobstructed view of all persons in the voting room until
3 replaced in the box. No person while handling the ballots shall
4 have in his hand any pencil, pen, stamp or other means of
5 marking or spoiling any ballot. The election officers shall
6 immediately proceed to canvass and compute the votes cast, and
7 shall not adjourn or postpone the canvass or computation until
8 it has been fully completed.
9 (b) Certification of votes cast.--When the vote cast for the
10 different persons named upon the ballots, and upon the questions
11 appearing thereon, have been fully recorded in the tally papers
12 and counted, the election officers shall certify to the number
13 of votes cast for each person, and shall prepare in ink three
14 general returns showing, in addition to the entries made
15 thereon, the total number of ballots received from the
16 commission, the number of ballots cast, the number of ballots
17 declared void, and the number of ballots spoiled and canceled,
18 and any blank ballots cast, as well as the votes cast for each
19 candidate. At primaries, this information shall be prepared for
20 each party. At elections other than primaries, the number of
21 votes cast for each candidate by each party or political body of
22 which the candidate is a nominee shall be separately stated. The
23 number of votes received by each set of candidates upon straight
24 party tickets shall be entered opposite the names of the
25 respective candidates in a column immediately adjoining upon the
26 left which column shall be of convenient width and shall be
27 headed "Number of votes received upon straight party tickets."
28 In a column immediately to the left thereof, the number of votes
29 received by each candidate upon all ballots other than straight
30 party tickets including all ballots known as "split tickets"
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1 shall be entered, the column to be of convenient width and to be
2 headed "Number of votes received other than straight party
3 tickets." The number of votes received by each candidate as
4 shown in the column headed "Number of votes received upon
5 straight party tickets" shall then be added, together with the
6 number of votes received by each candidate as shown in the
7 column headed "Number of votes received other than upon straight
8 party tickets" and thereupon, the total number of votes received
9 by each candidate shall be entered in a column on the extreme
10 right-hand side of the return sheets, which column shall be of
11 convenient width and shall be headed "Total number of votes."
12 Nothing in this section shall authorize or permit canvassing,
13 counting or tallying ballots with any less degree of strictness
14 than otherwise required by statute. Individual tally marks may
15 only be omitted for counting straight party tickets. All other
16 operations of tallying, counting, canvassing and announcing the
17 votes shall proceed in accordance with the other provisions of
18 this title.
19 (c) Write-in votes.--In returning any votes cast by write-in
20 ballot, the election officers shall record the names exactly as
21 they were written, stamped or applied to the ballot by sticker.
22 § 3512. Interpretation of ballots.
23 (a) Votes to be counted.--No ballot which is so marked as to
24 be capable of identification shall be counted. Any ballot that
25 is marked in blue, black or blue-black ink, in fountain pen or
26 ballpoint pen, or black lead pencil or indelible pencil, shall
27 be valid and counted if all markings on the ballot are made by
28 the same pen or pencil. Any ballot marked by any other mark than
29 a cross (X) or check (_/) mark in the spaces provided for that
30 purpose shall be void and not counted, but no vote shall be
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1 declared void because a cross (X) or check (_/) mark is
2 irregular in form. Any erasure, mutilation or defective marking
3 of the straight party column at November elections shall render
4 the entire ballot void, unless the elector has properly
5 indicated his choice of candidates in any office block, in which
6 case the vote or votes for the candidates only shall be counted.
7 Any erasure or mutilation in the vote in any office block shall
8 render void the vote for any candidate in the block, but shall
9 not invalidate the votes cast on the remainder of the ballot.
10 Any ballot indicating a vote for any person whose name is not
11 printed on the ballot, by writing, stamping or sticker, shall be
12 counted as a vote for that person, if placed in the proper space
13 or spaces provided for that purpose, whether or not a cross (X)
14 or check (_/) mark is placed after the name of the person,
15 except that if the writing, stamping or sticker is placed over
16 the name of a candidate printed on the ballot, it shall render
17 the entire vote in the office block void. If an elector marks
18 his ballot for more persons for any office than there are
19 candidates to be voted for for the office, or if it is
20 impossible to determine his choice for any office, his ballot
21 shall not be counted for the office, but the ballot shall be
22 counted for all offices for which it is properly marked. Ballots
23 not marked, or improperly or defectively marked, so that the
24 whole ballot is void, shall be set aside and shall be preserved
25 with the other ballots.
26 (b) Straight party votes.--At November elections, a cross
27 (X) or check (_/) mark in the square opposite the name of a
28 party or political body in the party column shall be counted as
29 a vote for every candidate of that party or political body,
30 including its candidates for presidential electors, except for
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1 those offices as to which the elector has indicated a choice for
2 individual candidates of the same or another party or political
3 body in any office block, in which case the ballot for the
4 office block shall be counted only for the candidates thus
5 individually marked, notwithstanding the fact that the elector
6 has made a cross (X) or check (_/) mark in the party column, and
7 even though in the case of an office for which more than one
8 candidate is to be voted for, he has not individually marked for
9 the office the full number of candidates for which he is
10 entitled to vote.
11 (c) Ballots at presidential elections.--All ballots marked
12 for the candidates for President and Vice President of a party
13 or political body shall be counted as votes for each candidate
14 for presidential elector of the party or political body.
15 (d) Decisions concerning interpretation of ballots.--
16 Decisions concerning questionable marks on ballots or defacing
17 or mutilation of ballots, and the count to be recorded thereon,
18 shall be made in the same manner as provided in section 3330
19 (relating to decision as to qualification of electors).
20 § 3513. Signing and disposition of documents.
21 (a) Returns.--Immediately after the vote has been counted in
22 districts in which paper ballots are used, all of the general
23 returns shall be signed by the election officers and clerks, and
24 certified by the overseers, if any. If any election officer,
25 clerk or overseer refuses to sign or certify the general
26 returns, he shall write his reasons therefor upon the general
27 return sheets. One of the returns shall be immediately posted
28 for the information of the public outside the polling place, and
29 one shall be entrusted to the judge for delivery to the
30 commission with the package of unused ballots, etc., in an
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1 unsealed envelope provided for that purpose. The election
2 officers shall then replace all the ballots cast, so counted and
3 canvassed in the ballot boxes including those declared void,
4 spoiled and canceled, together with one set of tally papers, one
5 numbered list of electors, sealed, and one oath of each election
6 officer, and lock and seal each ballot box so that nothing can
7 be inserted therein until it is opened again. The judge and
8 minority inspector shall immediately deliver the ballot boxes to
9 the custody of the commission and the commission shall not
10 compute any returns from any election district until the ballot
11 boxes therefor, as well as the package of unused ballots, etc.,
12 are delivered. The election officers shall record the number of
13 votes cast for each person on an official specimen ballot, shall
14 sign it and immediately post it outside the polling place for
15 the information of the public.
16 (b) Tally papers.--The minority inspector shall retain one
17 complete set of tally papers, and carefully preserve them for a
18 period of at least one year. The remaining tally papers,
19 affidavits of voters and others, including oaths of election
20 officers, and the third general return sheet shall be placed in
21 separate envelopes, to be provided for that purpose, and sealed
22 as soon as the count is finally completed. All envelopes and one
23 numbered list of voters, previously sealed, shall be entrusted
24 to the judge of election to be immediately delivered to the
25 commission.
26 (c) District register and voting checklist.--Immediately
27 upon completion of the count and tabulation of the votes cast,
28 the district register and the voting checklist shall be returned
29 immediately by the judge of election to the custody of the
30 commission.
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1 SUBCHAPTER C
2 TABULATION USING VOTING MACHINES
3 Sec.
4 3521. Canvass and return of votes.
5 3522. Signing and disposition of documents.
6 3523. Removal and storage of voting machines.
7 § 3521. Canvass and return of votes.
8 (a) Canvass of votes.--If the type of voting machine
9 provided requires the counters to be seen in order to enable the
10 election officers to canvass the vote, the election officers, in
11 the presence of the watchers and all other persons who are
12 lawfully within the polling place, shall then make visible the
13 registering counters and, for that purpose, shall unlock and
14 open the doors or other covering concealing them, giving full
15 view of all the counter numbers. If the voting machine is
16 equipped with mechanism for printing paper proof sheets, the
17 election officers shall immediately print not less than four
18 proof sheets, and as many more as may be necessary, to supply
19 one to each member of the election board, overseer, candidate,
20 watcher, representative of a newspaper, and other persons
21 lawfully present within the polling place who request them. The
22 judge of election and the minority inspector shall then, under
23 the scrutiny of the majority inspector of election, the clerk
24 appointed by the minority inspector, the overseers and the
25 watchers and, in the order of the offices as their titles are
26 arranged on the machine, read from the counters or from one of
27 the proof sheets, as the case may be, and distinctly and audibly
28 announce the designation or designating number and letter on
29 each counter for each candidate's name, the result as shown by
30 the counter numbers, the votes recorded for each office for
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1 persons other than nominated candidates, the designation or
2 designating numbers and letters on each counter and the results
3 as shown by the counter numbers for and against each question
4 voted on. The counters shall not be read consecutively along the
5 party rows or columns, but shall be read along the office
6 columns or rows, completing the canvass for each office or
7 question before proceeding to the next.
8 (b) Entering of vote on return sheets.--The vote as
9 registered shall be entered by the election officers, in ink, on
10 duplicate return sheets, on a general return sheet, and a
11 general return sheet and statement all of which after the
12 canvass is completed, shall be signed by the election officers
13 and the clerk and certified by the overseers. If any election
14 officer, clerk or overseer refuses to sign or certify the
15 general or duplicate return sheets or statement, he shall write
16 his reasons therefor upon the sheets. Votes registered for the
17 candidates for President and Vice President of the United States
18 of a party or political body shall be counted as votes for each
19 candidate for presidential elector of the party or political
20 body. If more than one voting machine is used in any election
21 district, the vote registered on each machine shall be
22 ascertained in like manner, and separately entered in
23 appropriate spaces on the general and duplicate return sheets
24 and statement. The total vote cast for each candidate, and for
25 and against each question, shall then be computed and entered on
26 the general and duplicate return sheets and statement. There
27 shall also be entered on the general return sheet and statement
28 the number of electors who have voted, and in primaries the
29 number of electors who voted in each party as shown by the
30 numbered lists of voters, district register and voting
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1 checklist, and the number on each machine as shown by the public
2 counters, and also the number registered on the protective
3 counter or device on each machine immediately prior to the
4 opening of the polls and immediately after the closing thereof
5 and sealing of the machine. The number or other designation of
6 each machine used shall also be entered thereon. At primaries,
7 duplicate return sheets shall be prepared as for elections. The
8 registering counters of the voting machine or the paper proof
9 sheets, as the case may be, shall remain exposed to view until
10 the returns and all other reports have been fully completed and
11 checked by the inspectors, clerk and overseers. During the time
12 the operations described in this subsection are taking place,
13 any candidate or duly accredited watcher shall be admitted to
14 the polling place.
15 (c) Recording of write-in ballots.--The election officers,
16 on the returns, shall record any votes cast for a person whose
17 name is not printed on the ballot labels, by means of a write-in
18 ballot. In returning any votes which have been written, stamped
19 or affixed upon receptacles or devices provided for that
20 purpose, the election officers shall record names exactly as
21 they were written, stamped or affixed.
22 (d) Proclamation of results.--The proclamation of the result
23 of the votes cast shall be announced distinctly and audibly by
24 the judge of election. He shall read the name of each candidate,
25 the designation or designating numbers and letters of his
26 counters, the vote registered on each counter and the vote cast
27 for and against each question submitted. During the
28 proclamation, ample opportunity shall be given to any person
29 lawfully present to compare the results so announced with the
30 counter dials of the machine or with the paper proof sheets, as
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1 the case may be, and any necessary corrections shall be made
2 then and there by the election officers, after which the doors
3 or other cover of the voting machine shall be closed and locked.
4 Any ballots written, deposited or affixed, in or upon the voting
5 machine, shall be enclosed in properly sealed packages properly
6 endorsed, and delivered by the judge of election. The judge of
7 election shall promptly deliver to the commission, or their duly
8 authorized representatives, the keys to the voting machine, in a
9 sealed envelope, if the construction of the voting machine
10 permits their separate return. The envelope shall have endorsed
11 thereon a certificate of the election officers, stating the
12 number of the machine, the election district where it has been
13 used, the number on the seal and the number on the protective
14 counter or device at the close of the polls.
15 § 3522. Signing and disposition of documents.
16 (a) Returns.--The general return sheet, duplicate return
17 sheets and statement shall be printed to conform with the type
18 of voting machine used, and shall be in the form approved by the
19 secretary. The designating number and letter, if any, on the
20 counter for each candidate shall be printed opposite the
21 candidate's name, except that it shall not be necessary to print
22 the name or designating counter number or letter of any
23 candidate for any borough, incorporated town, township, ward or
24 election office. Immediately after the vote has been
25 ascertained, the statement thereof shall be posted on the door
26 of the polling place. The minority inspector shall retain one of
27 the duplicate return sheets, one numbered and sealed list of
28 voters and one set of oaths of election officers. The other
29 duplicate return sheet, numbered list of voters, oaths of
30 election officers and affidavits of voters and others shall be
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1 sealed and given to the judge of election, who shall deliver
2 them to the commission, together with the general return sheet
3 and the package of ballots deposited, written or affixed in or
4 upon the voting machine. If the voting machine is of the type
5 equipped with a mechanism for printing paper proof sheets, one
6 of the required sheets shall be posted on the door of the
7 polling place with the statement, one shall be retained by the
8 minority inspector, one shall be placed in the envelope and
9 delivered with the general return sheet, and one shall be sealed
10 in the envelope with the duplicate return sheets and delivered
11 to the commission by the judge of election. The printed proof
12 sheet returned with the general return sheet and the printed
13 proof sheet returned with the duplicate return sheet shall each
14 be part of the return of the election.
15 (b) District register and voting checklist.--Immediately
16 upon completion of the count and tabulation of the vote cast,
17 the district register and the voting checklist shall be locked
18 and sealed, and immediately returned by the judge of election to
19 the custody of the commission. In cities of the first class, the
20 commission shall designate police stations at which it will
21 accept custody.
22 § 3523. Removal and storage of voting machines.
23 As soon as possible after the completion of the count in
24 districts in which voting machines are used, the commission
25 shall have the voting machines properly boxed and removed to the
26 place of storage provided for in this title. The voting machines
27 shall remain locked against voting for the period of 20 days
28 next following each election, and as much longer as may be
29 necessary or advisable because of any existing or threatened
30 contest over the result of the election, with due regard for the
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1 date of the next following election, except that they may be
2 opened and all data and figures therein examined under the
3 provisions of this title, by order of any court, or by direction
4 of any legislative committee to investigate and report upon
5 contested elections affected by the use of the machines. The
6 data and figures shall be examined by the committee in the
7 presence of the officer having the custody of the machines.
8 SUBCHAPTER D
9 TABULATION USING ELECTRONIC VOTING SYSTEMS
10 Sec.
11 3531. General provisions.
12 3532. District tabulation.
13 3533. Central tabulation.
14 3534. Tabulation of write-in votes.
15 3535. Tabulation of absentee ballots.
16 3536. Preservation of materials.
17 § 3531. General provisions.
18 (a) Presidential ballots.--All ballots marked for the
19 candidates for President and Vice President of a party or
20 political body shall be counted as votes for each candidate for
21 presidential elector of such party or political body.
22 (b) Verification of reports.--All reports and returns
23 required by this subchapter shall be signed by all district
24 election officers.
25 (c) Manual tabulation.--If it becomes impracticable to count
26 all or a part of the ballots or district totals cards with
27 automatic tabulating equipment, the commission may direct that
28 the ballots or cards be counted manually, following as far as
29 practicable the provisions of this title governing the counting
30 of paper ballots.
19870H0884B0965 - 327 -
1 § 3532. District tabulation.
2 If district tabulation of votes is provided for by the voting
3 system, the district election officers shall, immediately upon
4 the close of the polls, cause the automatic tabulating equipment
5 to tabulate the ballots cast during the election and shall
6 prepare duplicate records of the total number of voters whose
7 ballots have been tabulated; the total number of votes cast for
8 each candidate whose name appears on the ballot; the total
9 number of write-in votes properly cast for each office on the
10 ballot; and the total number of votes cast for or against any
11 question appearing on the ballot. One record shall be publicly
12 posted at the district polling place. All votes so cast and
13 tabulated in the district may also be recorded on a district
14 totals card and all properly cast write-in votes may also be
15 recorded on the district totals card. The judge of election
16 shall deliver the district totals cards and reporting forms to
17 the commission. The minority inspector shall keep duplicate
18 copies of all reports and returns. At the close of the election
19 and after the tabulation of all ballots, the automatic
20 tabulating equipment or other component of the voting system
21 which contains ballots shall be locked and sealed so that no
22 further ballots may be deposited in or removed from the
23 equipment or component. All components of the voting system,
24 suitably packaged and secured for storage, shall be held for
25 delivery to the commission.
26 § 3533. Central tabulation.
27 (a) General procedure.--All proceedings of the central
28 tabulation center shall be under the direction of the commission
29 or its designees and shall be conducted under the observation of
30 the public insofar as is practical. No persons except those
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1 authorized for the purpose shall touch any ballot or district
2 totals card. All persons who are engaged in processing and
3 counting the ballots and district totals cards shall be
4 deputized and take an oath that they will faithfully perform
5 their assigned duties. Each party or political body represented
6 on the official ballot may have one technically qualified person
7 authorized by the county chairman and deputized by the
8 commission present during the testing of the central automatic
9 tabulating equipment and the actual counting of the ballot or
10 district totals cards. These persons shall be allowed to make
11 independent tests of the equipment prior to, during and
12 following the vote count. However, the testing shall not
13 interfere with the official tabulation of the ballots and
14 district totals cards. In addition, each party or political body
15 shall be entitled to have observers at the central tabulation
16 center in a number, as determined by the commission, sufficient
17 to permit accurate observation of the receipt, handling,
18 duplication and processing of all ballots and district totals
19 cards.
20 (b) Uncountable ballots or cards.--If any ballots or
21 district totals cards are damaged or defective so that they
22 cannot properly be counted by the central automatic tabulating
23 equipment, a true duplicate copy shall be made and substituted
24 for the damaged ballot or card. All duplicate ballots or cards
25 shall also be clearly labeled "Duplicate," and shall bear a
26 serial number which shall be recorded on the damaged or
27 defective ballot or card.
28 (c) Official returns.--The return printed by the central
29 automatic tabulating equipment to which have been added write-in
30 votes as recorded on the district reporting form and absentee
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1 votes, shall, when certified by the commission, constitute the
2 official return of each election district.
3 (d) Reporting of returns.--During the course of central
4 tabulation of ballots or district totals cards, the commission
5 may unofficially report the progress of the count for each
6 candidate and on any question. Upon completion of the count, the
7 official returns shall be made available to the public. The
8 commission shall also make available to the public at the
9 tabulating center the results for each election district and
10 shall post the results in each election district no later than 5
11 p.m. of the second day following the election.
12 § 3534. Tabulation of write-in votes.
13 If ballots are computed and tabulated in the election
14 district, all write-in votes which have been properly cast and
15 recorded on the voting device shall be counted and recorded on a
16 standard form. District totals cards or other appropriate data
17 storage devices may also be prepared by the district election
18 board reflecting the results of the voting in that district. The
19 cards and reporting forms of write-in vote tabulation shall be
20 delivered to the commission. If central counting is used, write-
21 in ballots may be recorded either at the election district or at
22 the counting center. If the write-in ballot is a separate entity
23 from the ballot or ballot card and the write-in ballot has been
24 used, both sections shall be given a unique identifying number
25 prior to their separation for tabulation. In returning any votes
26 cast by write-in ballot, the election officers shall record the
27 names exactly as they were written, stamped or applied to the
28 ballot by sticker. If, as a result of an otherwise properly cast
29 write-in vote, the voter has registered more votes for an office
30 than he is entitled to vote for that office, the entire vote
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1 cast for that office shall be void and shall not be counted;
2 these write-in ballots shall be fastened to the write-in vote
3 tabulation form and shall be delivered to the commission.
4 § 3535. Tabulation of absentee ballots.
5 (a) District tabulation.--If the electronic voting system
6 provides for tabulation at the election district, the absentee
7 ballots shall be opened, checked for write-in votes in
8 accordance with this subchapter and then either hand counted or
9 counted by means of the automatic tabulating equipment as the
10 case may be.
11 (b) Central tabulation.--If the electronic voting system
12 provides for central tabulation, the absentee ballots shall be
13 opened and deposited in the ballot box without being counted
14 except as to the number of absentee ballots cast. The absentee
15 ballots shall be counted along with the other ballots from the
16 election district at the location and in the manner specified by
17 the commission and provided for by the electronic voting system
18 utilized.
19 § 3536. Preservation of materials.
20 Upon completion of the count, all ballots, absentee ballots,
21 spoiled ballots and district totals cards shall be securely
22 packaged, suitably labeled and sealed and delivered to the
23 commission. The commission shall likewise package and seal a
24 true copy of the ballot label used in each election district.
25 Thereafter these packages shall be retained and disposed of in
26 the same manner as paper ballots and related materials.
27 SUBCHAPTER E
28 COMPUTATION OF RETURNS BY COMMISSIONS
29 Sec.
30 3551. Public access to returns and materials.
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1 3552. Preparation for computation.
2 3553. Membership of return boards.
3 3554. Computation of votes.
4 3555. Public announcement of results.
5 3556. Verification of returns.
6 3557. Manner of computing write-in ballots.
7 3558. Candidates nominated under different names.
8 3559. Appeal to court from commissions.
9 3560. Determination of nominees.
10 3561. Duties of commissions regarding election results.
11 3562. Duties of secretary with respect to local returns.
12 3563. Tie votes.
13 3564. Officers to be commissioned by Governor.
14 3565. Certification by secretary.
15 § 3551. Public access to returns and materials.
16 The general returns from the various districts which have
17 been returned unsealed shall be open to public inspection at the
18 office of the commission as soon as they are received from the
19 judges of election. None of the envelopes sealed by election
20 officers and entrusted to the judge of election for delivery to
21 the commission shall be opened by any person, except by the
22 order of the commission or of the court.
23 § 3552. Preparation for computation.
24 The commission shall arrange for the computation and
25 canvassing of the returns of votes cast at each election at its
26 office or at some other convenient public place at the county
27 seat with adequate accommodations for the watchers and attorneys
28 authorized to be present, who shall be permitted to keep or
29 check their own computation of the votes cast in the several
30 election districts as the returns from the same are read. The
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1 commission shall give at least one week's previous notice by
2 newspaper publication, as provided in section 104 (relating to
3 publication of notices), of the time and place when and where
4 the commission will commence and hold its sessions for the
5 computation and canvassing of the returns, and keep copies of
6 the advertisement posted in its office during that period. The
7 commission shall also prepare a sufficient number of blank forms
8 of returns for making out full and fair statements of all votes
9 cast within the county or any political district therein,
10 according to the returns from the several election districts.
11 All the clerks of the commission and other persons designated to
12 assist in the computation and canvassing of the votes shall be
13 first sworn to perform their duties impartially and not read,
14 write, count or certify any return or vote falsely or
15 fraudulently.
16 § 3553. Membership of return boards.
17 The commission shall constitute the return board for the
18 computation and canvassing of the vote.
19 § 3554. Computation of votes.
20 (a) Computation of returns.--The commission shall, at 9 a.m.
21 on the third day following the election, at its office or at
22 some other convenient public place at the county seat, of which
23 due notice has been given as provided by section 3552 (relating
24 to preparation for computation), publicly commence the
25 computation and canvassing of the returns, and continue it from
26 day to day until completed. For this purpose the commission may
27 organize itself into sections, each of which may simultaneously
28 proceed with the computation and canvassing of the returns from
29 various districts of the county in the manner provided by this
30 section. Upon the completion of the computation and canvassing,
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1 the commission shall tabulate the figures for the entire county
2 and sign, announce and attest them.
3 (b) Comparison with number of eligible electors.--Before the
4 time fixed for the commission to convene for the purpose of
5 computing and canvassing returns of any election, the commission
6 shall certify the total registration of each election district
7 within its jurisdiction, and the enrollment of each district by
8 parties at primaries. The commission, before computing the votes
9 cast in any election district, shall compare the registration
10 and enrollment figures with the certificate returned by the
11 election officers showing the number of persons who voted in
12 each district or the number of ballots cast. If, upon
13 consideration by the commission of the returns before it from
14 any election district and the certificates, it appears that the
15 total vote returned for any candidate or candidates for the same
16 office or nomination or on any question exceeds the number of
17 electors in the election district or exceeds the total number of
18 persons who voted in the election district or the total number
19 of ballots cast therein, or, if it appears that the total number
20 of partisan votes returned for any candidate or candidates for
21 the same office or nomination at any primary exceeds the number
22 of electors registered or enrolled in the district as members of
23 that party, or exceeds the total number of persons belonging to
24 that party who voted in the district or the total number of
25 ballots of that party cast, the excess shall be deemed a
26 discrepancy and palpable error, and shall be investigated by the
27 commission, and no votes shall be recorded from the district
28 until the investigation is made. The excess authorizes:
29 (1) The summoning of the election officers, overseers,
30 machine inspectors and clerks to appear immediately with any
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1 election papers in their possession.
2 (2) The production of the ballot box before the
3 commission, and the examination and scrutiny of all of its
4 contents, and all of the registration and election documents
5 relating to the district, in the presence of representatives
6 of each party and candidate interested who are attending the
7 canvass of the votes; and the recount of the ballots
8 contained in the ballot box, either generally or respecting
9 the particular office, nomination, or question as to which
10 the excess exists, in the discretion of the commission.
11 (3) The correction of the returns in accordance with the
12 result of the recount.
13 (4) In the discretion of the commission, the exclusion
14 of the poll of that district, either as to all offices,
15 candidates, questions and parties, or as to any particular
16 offices, candidates, questions or parties as to which the
17 excess exists, if the ballot box be found to contain more
18 ballots than there are electors registered in the election
19 district, or more ballots of one party than there are
20 electors registered or enrolled in the district as members of
21 that party, or more ballots than the number of voters who
22 voted at the election, or more ballots of one party than the
23 number of electors of that party who voted at the election.
24 (5) A report of the facts of the case to the district
25 attorney where the action appears to be warranted.
26 § 3555. Public announcement of results.
27 The commission shall first publicly account for all extra
28 official ballots printed. The general returns made by the
29 election officers from the various election districts shall then
30 be read one after another in the usual order, slowly and
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1 audibly, by one of the clerks who shall, in each case of a
2 return from a district in which ballots were used, read
3 therefrom the number of ballots and in primaries, the number of
4 ballots of each party, issued, spoiled and canceled, and cast,
5 respectively. The clerk having charge of the records of the
6 commission showing the number of ballots furnished for each
7 election district, including the number of extra official
8 ballots as provided in section 3139 (relating to number of
9 ballots to be printed and specimen ballots) as so furnished, and
10 the number of stubs and unused ballots and spoiled and canceled
11 ballots returned, shall then publicly announce the number of
12 them, respectively. Unless it appears by the number or
13 calculations therefrom that the records, and the general return
14 correspond, no further returns shall be read from the latter
15 until all discrepancies are explained to the satisfaction of the
16 commission. In the case of districts in which voting machines
17 are used, there shall be read from the general return the
18 identifying number or other designation of each voting machine
19 used, the numbers registered on the protective counter or device
20 on each machine prior to the opening of the polls and
21 immediately after close of the same. The clerk having charge of
22 the records of the commission showing the number registered on
23 the protective counter or device of each voting machine prior to
24 delivery at the polling place, shall then publicly announce the
25 numbers so registered and unless it appears that the records and
26 the general return correspond, no further returns shall be read
27 from the latter until the discrepancies are explained to the
28 satisfaction of the commission.
29 § 3556. Verification of returns.
30 (a) Districts using paper ballots.--In districts in which
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1 paper ballots have been used, when the records agree with the
2 returns regarding the number of ballots and the number of votes
3 recorded for each candidate, and in primaries, on each party
4 ticket, the votes for each candidate shall be read by the clerk
5 slowly, audibly, and in an orderly manner from the general
6 return which has been returned unsealed, and the figures
7 announced shall be compared by other clerks with the general
8 return which has been returned sealed. The figures announced for
9 all districts shall be compared by one of the clerks with the
10 tally papers from the respective districts. If any discrepancies
11 are discovered, the commission shall thereupon examine all of
12 the return sheets, tally papers and other papers in its
13 possession relating to that election district. If the tally
14 papers and sealed general return sheet agree, the unsealed
15 general return shall be immediately corrected to conform
16 thereto. In every other case the commission shall immediately
17 cause the ballot box of the district to be opened and the vote
18 therein to be recounted in the presence of attorneys, watchers
19 and candidates interested; if the recount is not sufficient to
20 correct the error, the commission may summon the election
21 officers and overseers to appear forthwith with all election
22 papers in their possession.
23 (b) Districts using voting machines.--In districts in which
24 voting machines have been used, when the records agree with the
25 returns regarding the number registered on the voting machine,
26 the votes recorded for each candidate shall be read by the clerk
27 slowly, audibly, and in an orderly manner from the general
28 return sheet which has been returned unsealed, and the figures
29 announced shall be compared by other clerks with the duplicate
30 return sheet which has been returned sealed. If the voting
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1 machine is of the type equipped with a mechanism for printing
2 paper proof sheets, the general and duplicate return sheets
3 shall also be compared with the proof sheets which have been
4 returned. If any discrepancies are discovered, the commission
5 shall examine all of the return sheets, proof sheets and other
6 papers in its possession relating to that election district. The
7 proof sheets shall be deemed to be the primary evidence of the
8 result of the election and to be prima facie accurate, and if
9 the proper proof sheets properly identified, are mutually
10 consistent, and if the general and duplicate returns or either
11 of them from the district do not correspond with the proof
12 sheets, they shall be corrected so as to correspond, in the
13 absence of allegation of specific fraud or error proved to the
14 satisfaction of the commission.
15 (c) Districts using electronic voting system.--In districts
16 where electronically tabulated ballots are used in conjunction
17 with central ballot tabulation, the commission shall compare the
18 number of persons voting as indicated on the computer return
19 sheets, with the number voting as indicated on the sealed
20 general return from the election district. In the case of a
21 discrepancy, the procedures specified for paper ballots in
22 subsection (a) shall be followed. In districts where ballots are
23 tabulated at the election district, the procedures specified for
24 paper ballots in subsection (a) shall be followed. The
25 commission, as part of the computation and canvass of returns,
26 shall conduct a statistical recount of a random sample of
27 ballots after each election using manual, mechanical or
28 electronic devices of a type different than that used for the
29 specific election. The sample shall include at least 2% of the
30 votes cast or 2,000 votes, whichever is less.
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1 (d) Error or fraud.--If any error or fraud is discovered,
2 the commission shall compute and certify the votes regardless of
3 any fraudulent or erroneous returns presented to it, and shall
4 report the facts to the district attorney for action.
5 (e) Recording and announcement.--As the returns from each
6 election district are read, computed and found to be correct or
7 corrected, they shall be recorded on the blanks prepared for
8 that purpose until all the returns from the various election
9 districts which are entitled to be counted have been recorded,
10 when they shall be added together, announced and attested by the
11 clerks who made and computed the entries respectively and signed
12 by the members of the commission.
13 § 3557. Manner of computing write-in ballots.
14 The commission, in computing the votes cast at any election,
15 shall compute and certify votes cast on write-in ballots exactly
16 as the names were written, stamped, affixed to the ballot by
17 sticker, or deposited or affixed in or on receptacles for that
18 purpose, and as they have been so returned by the election
19 officers. In the primary the secretary shall not certify the
20 votes cast on write-in ballots for any person for a national
21 office including that of the President of the United States,
22 United States senator and representative in Congress, or for any
23 State office including that of Governor and Lieutenant Governor,
24 Attorney General, Auditor General, State Treasurer, senator and
25 representative in the General Assembly, justices and judges of
26 courts of record or for any party office including that of
27 delegate or alternate delegate to national conventions and
28 member of State committee unless the total number of votes cast
29 for the person is equal to or greater than the number of
30 signatures required on a nomination petition for the particular
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1 office. In the primary the commission shall not certify the
2 votes cast on write-in ballots for any person for a district
3 justice, constable, national, State, political subdivision,
4 ward, election or local party office unless the total number of
5 votes cast for the person is equal to or greater than the number
6 of signatures required on a nomination petition for the
7 particular office.
8 § 3558. Candidates nominated under different names.
9 Any person who has been nominated at a primary by more than
10 one party for the same office under different names may, at any
11 time not later than five days after the certification by the
12 commission of the votes cast at a primary, so notify the
13 commission in writing and request an order declaring him to be
14 the person who was thus nominated by more than one party under
15 different names and revising the primary returns accordingly.
16 Upon the receipt of the request, the commission shall promptly
17 notify all other candidates who appear to have been nominated
18 for the same office of the request and of the time and place of
19 the public hearing by the commission thereon. The commission
20 shall hold the public hearing and make the order or deny the
21 candidate's request and notify all interested parties not less
22 than 60 days prior to the November election. If the commission
23 determines that the different names so appearing on the returns
24 of the primary represent one and the same person, it shall order
25 the return board to revise its return accordingly. No candidate
26 for public office at any November election whose name is printed
27 more than once for the same office on any ballot at the
28 election, shall be entitled to have cumulated, either by the
29 election officers, by the commission or by any court, the votes
30 cast after the different names. Any interested party aggrieved
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1 by any decision of the commission under this section shall
2 appeal to the court within 15 days after notice thereof is
3 received.
4 § 3559. Appeal to court from commissions.
5 Any person aggrieved by any order or decision of any
6 commission regarding the computation or canvassing of the
7 returns of any election, or regarding any recanvass thereof
8 under sections 3702 (relating to petitions to recanvass) and
9 3703 (relating to procedure upon petitions to recanvass), may
10 appeal therefrom within two days after the order or decision has
11 been made known to the parties, whether then reduced to writing
12 or not, to the court. The court shall fix a time and place for
13 hearing the matter within three days, and direct that notice
14 shall be served by the appellant upon all interested persons.
15 The commission shall suspend any official certification of the
16 votes cast in the election district until the appeal to the
17 court has been decided. No orders of either the commission or
18 the court on appeal shall be deemed a final adjudication
19 regarding the results of any election, so as to preclude any
20 contest under Chapter 37 (relating to recanvass and contests).
21 The court, upon any appeal under this section, may order the
22 appellant or any opposing party other than the commission to pay
23 all legal costs of the hearing.
24 § 3560. Determination of nominees.
25 (a) General rule.--Candidates of the various parties for
26 nomination, except for the office of President of the United
27 States, who receive a plurality of votes of their party electors
28 at the primary election, together with the candidates for the
29 office of presidential elector, shall be candidates of their
30 respective parties. The proper commissions shall print their
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1 names upon the official ballots and ballot labels at the ensuing
2 November election in accordance with Subchapter C of Chapter 31
3 (relating to preparation of official ballots, supplies and
4 equipment).
5 (b) Death of nominee.--When a candidate for nomination dies
6 before or on the day of the primary election and nevertheless
7 receives a plurality of votes of his party electors cast for the
8 office for which he sought nomination, then no candidate shall
9 have been nominated for the office at the primary and a
10 substituted nomination may be made in the manner provided by
11 this title.
12 (c) Nomination for abolished offices.--If any office was in
13 existence on the 13th Tuesday before the primary but was
14 abolished in accordance with law, and nominations for the office
15 were made at the primary or by nomination papers, the commission
16 shall set aside all nominations made for the office and remove
17 the office block so affected from the ballots or ballot labels
18 for the ensuing November election.
19 § 3561. Duties of commissions regarding election results.
20 (a) Certification of returns.--At the expiration of five
21 days after the completion of the computation of votes, in case
22 no petition for a recount or recanvass has been filed, or upon
23 the completion of the recount or recanvass if a petition has
24 been filed within five days after the completion of the
25 computation of votes, the commission shall certify the returns
26 so computed in the county, unless upon appeals taken from any
27 decision the court directs any returns to be revised, or unless
28 in case of a recount errors in the returns have been found, in
29 which case the returns shall be revised, corrected and certified
30 accordingly. The commission shall then, in the case of elections
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1 other than primaries, issue certificates of election to the
2 successful candidates for all political subdivision and election
3 offices, and local party offices to be filled by the vote of the
4 electors. The commission shall retain in its office one copy of
5 the returns so certified. Except as otherwise provided by
6 statute, the candidates for election receiving the highest
7 number of votes for any office at election shall be declared
8 elected to that office, up to the number required by statute to
9 be elected.
10 (b) Notification of secretary.--In the case of elections of
11 presidential electors, United States senators, representatives
12 in Congress, Governor, Lieutenant Governor, Attorney General,
13 Auditor General, State Treasurer, justices and judges of courts
14 of record and members of the General Assembly, a separate
15 certificate, showing the votes cast in each election district
16 and the total vote for each of the offices respectively, shall
17 also be forwarded by the commission to the secretary on forms
18 furnished by the secretary.
19 (c) Elections in two or more counties.--In the case of any
20 political subdivision located in two or more counties, or of the
21 submission of any question to be voted upon by electors of two
22 or more counties, the commission in each of the affected
23 counties shall certify to the commission of the county in which
24 reside the majority of electors of the political subdivision,
25 the return of the vote cast for the officers thereof or upon the
26 questions. After completing the tabulation of the returns, the
27 commission of the county shall issue certificates of election to
28 the successful candidates.
29 § 3562. Duties of secretary with respect to local returns.
30 Upon receiving the certified returns of any election from the
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1 various commissions, the secretary shall immediately proceed to
2 tabulate, compute and canvass the votes cast for all candidates
3 enumerated in section 3561(b) (relating to duties of commissions
4 regarding election results), and upon all questions voted for by
5 the electors of this Commonwealth at large, and shall certify
6 and file in his office the tabulation of the votes cast.
7 § 3563. Tie votes.
8 In the case of a tie vote not otherwise provided for by
9 statute, the candidates receiving the tie vote shall cast lots
10 before the commission or the secretary, as the case may be, at
11 12 noon on the third Friday after the election, and the one to
12 whom the lot falls shall be declared nominated or elected. In
13 any case where the fact of a tie vote is not authoritatively
14 determined until after the third Wednesday after the election,
15 the time for casting lots shall be 12 noon of the second day
16 after the fact of the tie vote is authoritatively determined. If
17 any candidate receiving a tie vote fails to appear before 12
18 noon of that day, the commission or the secretary, as the case
19 may be, shall cast lots for him. For the purpose of casting lots
20 any candidate may appear in person or by proxy appointed in
21 writing.
22 § 3564. Officers to be commissioned by Governor.
23 (a) General procedure.--In case of the election of a judge
24 of a court of record, prothonotary, clerk of the courts,
25 recorder of deeds, register of wills or any other officer
26 required by law to be commissioned by the Governor in any of the
27 municipalities of this Commonwealth, the commission shall
28 transmit immediately to the secretary a certified copy of the
29 returns for all the offices. The secretary shall immediately
30 transmit the return to the Governor, and the Governor shall
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1 issue a commission to any persons elected to the offices,
2 notwithstanding that the election of the person may be
3 contested.
4 (b) Nullification of improper commissions.--Whenever it
5 appears by the decision of the proper tribunal having
6 jurisdiction of a contested election that the person to whom the
7 commission has been issued has not been legally elected to the
8 office for which he has been commissioned, then a commission
9 shall issue to the person who appears to be legally elected to
10 the office, the issuing of which commission shall nullify and
11 make void the commission already issued.
12 § 3565. Certification by secretary.
13 (a) Presidential votes.--The secretary, following his
14 tabulation of the returns from each primary held in years in
15 which candidates for President of the United States are to be
16 nominated, shall prepare a statement from the returns, showing
17 the total number of votes cast in this Commonwealth and in each
18 congressional district of this Commonwealth for each party for
19 nomination as President of the United States. On receiving and
20 computing the returns of the election of presidential electors,
21 he shall transmit them to the Governor. The Governor shall
22 ascertain the number of votes given for each person so voted
23 for, and shall cause a certificate of election to be delivered
24 to each person so chosen.
25 (b) United States senators and representatives in
26 Congress.--Upon completing the tabulation of any election for
27 United States senator or representative in Congress, other than
28 a primary, the secretary shall transmit it to the Governor, who
29 shall immediately issue certificates of election under the seal
30 of the Commonwealth, signed by himself and attested by the
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1 secretary, and deliver them to the candidates receiving the
2 highest number of votes for the respective offices. The Governor
3 shall also transmit the returns of the election to the President
4 of the United States Senate, in the case of the election of a
5 United States senator, and to the Speaker of the House of
6 Representatives of the United States, in the case of the
7 election of representatives in Congress.
8 (c) Governor and other State officers.--At the first meeting
9 of the General Assembly following the election of a Governor,
10 Lieutenant Governor, Attorney General, Auditor General or State
11 Treasurer, the secretary shall deliver the returns of elections
12 for all the offices to the President of the Senate, who shall
13 open and publish them in the presence of members of both houses
14 of the General Assembly. The person receiving the highest number
15 of votes for the respective offices shall be declared elected,
16 and certificates of the elections shall be made and filed with
17 the secretary. The secretary shall immediately present to the
18 Governor the certificates of election, except the certificate of
19 election of Governor, whereupon the Governor shall issue a
20 commission to each person so elected. The secretary shall
21 immediately after tabulating and computing the returns of each
22 election of judge of every court, certify the result to the
23 Governor, who shall immediately issue a commission to that
24 person.
25 (d) Members of the General Assembly.--The secretary shall
26 issue certificates of election to the persons elected members of
27 the Senate and House of Representatives of the Commonwealth, and
28 between the hours of 12 noon and 1 p.m. on the first Tuesday in
29 January of each odd-numbered year, present before the Senate and
30 House of Representatives the several returns of the elections of
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1 members of the respective houses. If the General Assembly is
2 convened in special session during the month of December next
3 following their election, the returns shall be presented on the
4 first day of the special session. In the case of a special
5 election occurring during a session of the General Assembly, the
6 secretary shall present the returns thereof to the proper house
7 as soon as received and tabulated by him.
8 (e) Party delegates and committeemen.--Following his
9 tabulation of the returns received from each primary, the
10 secretary shall issue certificates of election to the persons in
11 each party who have been elected delegates or alternate
12 delegates to the national convention of each party, and to the
13 persons in each party who have been elected members of the
14 national committee or the State committee of each party. In the
15 case of delegates or alternate delegates to a national party
16 convention, the certificates of election shall show the number
17 of votes received in this Commonwealth or in the political
18 district, as the case may be, by each candidate of the
19 delegate's or alternate delegate's party for nomination as
20 President of the United States. The secretary shall also certify
21 to the State chairman of each party the votes cast for each
22 candidate for the office of member of State committee of each
23 party.
24 CHAPTER 37
25 RECANVASS AND CONTESTS
26 Subchapter
27 A. Recanvass
28 B. Contests in General
29 C. Contests Regarding Governor and Lieutenant Governor
30 D. Contests Regarding Other Commonwealth Officials and
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1 Appellate Judges
2 E. Contests Regarding Judges of Judicial Districts
3 F. Contests Regarding Congress and General Assembly
4 G. Contests Regarding Local Offices
5 SUBCHAPTER A
6 RECANVASS
7 Sec.
8 3701. Recanvass of voting machines arising at computation.
9 3702. Petitions to recanvass.
10 3703. Procedure upon petitions to recanvass.
11 § 3701. Recanvass of voting machines arising at computation.
12 (a) Initiating procedure.--Prior to the completion of the
13 returns of the county the commission shall recanvass the voting
14 machines affected if there is a discrepancy in the returns of an
15 election district, or upon petition of three electors of an
16 election district that an error has been committed, although not
17 apparent on the face of the returns. However, in the case of
18 returns from any election district using a voting machine
19 equipped with a mechanism for printing paper proof sheets, the
20 commission shall not recanvass under this section unless a
21 specific fraud or error is proved to the commission. No
22 recanvass of the vote under this section shall be ordered for
23 any such districts if all available proof sheets from the voting
24 machine identified to the commission and proved to have been
25 produced from proper custody are mutually consistent. Before
26 making the recanvass, the commission shall give notice in
27 writing to the custodian of the voting machines, and to each
28 candidate, and to the county chairman of each party or political
29 body affected by the recanvass; each candidate may be present in
30 person or by attorney, and each party or political body may send
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1 two representatives to be present at the recanvass.
2 (b) Manner of recanvass.--The election officers of the
3 affected district, in the presence of the commission, shall
4 record the number of the seal upon the voting machine and the
5 number on the protective counter or similar device, shall reveal
6 the registering counters of such machine and shall recanvass the
7 vote cast thereon without unlocking the machine against voting.
8 If upon the recanvass, it is found that the original canvass of
9 the returns has been correctly made from the machine and the
10 discrepancy is still unexplained, the commission, in the
11 presence of the election officers and the authorized candidates
12 and representatives, shall unlock the voting and counting
13 mechanism of the machine, and shall proceed thoroughly to
14 examine and test the machine to determine the cause of the
15 discrepancy. Each counter shall be reset at zero before it is
16 tested, after which it shall be operated at least 100 times.
17 After the completion of the examination and test, the custodian
18 shall immediately prepare a written statement giving in detail
19 the result of the examination and test; the statement shall be
20 witnessed by the persons present and filed with the commission.
21 If it appears that the original canvass of the returns by the
22 election officers was incorrect, the returns and all papers
23 being prepared under this subsection shall be corrected.
24 (c) Recanvass using paper proof sheets.--In the case of
25 returns from any election district using a voting machine
26 equipped with a mechanism for printing paper proof sheets, the
27 proof sheets, if mutually consistent, shall be deemed to be the
28 primary evidence of the result of the election and to be prima
29 facie accurate. If the general and duplicate returns, or either
30 of them, from the district do not correspond with the proof
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1 sheets, the returns and all other papers being prepared under
2 this subsection shall be corrected so as to correspond
3 therewith.
4 § 3702. Petitions to recanvass.
5 (a) Filing of petition.--If three electors of any election
6 district file a petition with the court alleging that, upon
7 information which they consider reliable, they believe that
8 fraud or error, although not manifest on the general returns,
9 was committed in the computation of the votes cast:
10 (1) In the case of districts in which ballots are used,
11 the court shall open the ballot box of the election district
12 used at any election held therein, and cause the entire vote
13 to be recanvassed by persons designated by the court or
14 judge.
15 (2) In the case of districts in which voting machines
16 are used, the court shall reveal the registering counters of
17 the voting machine or machines used in the election district
18 at any election, and shall recanvass the vote cast without
19 unlocking the machine against voting.
20 (3) In the case of districts in which electronic voting
21 systems are used, the court shall recanvass the vote cast in
22 the affected district, by manual, mechanical or electronic
23 methods as shall be determined by the court.
24 It is not necessary for the petitioners to specify in their
25 petition the particular act of fraud or error they believe to
26 have been committed, nor to offer evidence therein to
27 substantiate the allegations thereof. The petition may include a
28 request to recanvass the absentee ballots cast in the election
29 district.
30 (b) Time for filing.--A petition to recanvass under this
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1 section shall be filed no later than five days after the
2 completion of the computational canvassing of all returns of the
3 county by the commission. If fraud or error is found the court
4 shall grant the interested parties an additional five days to
5 file petitions requesting additional ballot boxes or voting
6 machines or electronic voting devices to be recanvassed.
7 (c) Deposit or bond.--Every petition shall be accompanied by
8 a deposit of cash of $50, or by a bond signed by the petitioners
9 as principals and by a corporate surety to be approved by the
10 court in the amount of $100 conditioned upon the payment for the
11 use of the county of the sum of $50, in the event that, upon the
12 recanvass by the court, it does not appear that fraud or
13 substantial error was committed in connection with the election.
14 If upon the recanvass, it appears that fraud or substantial
15 error was committed, the court shall direct the prothonotary to
16 return to the petitioners the sum of $50, or if the petitioners
17 have filed a bond to mark the bond canceled and notify the
18 petitioners that he has done so. If upon the recanvass, it does
19 not appear that fraud or substantial error was committed, the
20 petitioners shall forfeit to the county treasurer the sum of
21 $50; if the petitioners have filed a bond, the county treasurer
22 shall immediately proceed to collect from the principals or
23 surety on the bond, the $50 and costs of suit; for this purpose,
24 he may institute any necessary legal proceedings.
25 (d) Notice.--Before any ballot box, voting machine or
26 electronic voting device is recanvassed the court shall direct
27 that notice of the time and place of the proposed recanvass be
28 given, either personally or by registered mail, to each
29 candidate for the offices which are to be recanvassed. Each
30 candidate may be present at the recanvass, either in person or
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1 by his attorney, or by his duly authorized representative.
2 (e) Time for recanvass.--Ballot boxes may be recanvassed
3 under this section at any time within four months after the date
4 the ballots therein were cast. Voting machines or electronic
5 voting devices may be recanvassed under this section at any time
6 within 20 days after the date of the election at which they were
7 used.
8 § 3703. Procedure upon petitions to recanvass.
9 (a) Correction of returns.--If upon a petition to recanvass
10 under section 3702 (relating to petitions to recanvass), the
11 court discovers any fraud or error, the court shall correct,
12 compute and certify to the commission the votes justly,
13 regardless of any fraudulent or erroneous entries made by the
14 election officers, and the commission shall correct accordingly
15 any entries previously made in the returns of the county.
16 (b) Effect of decision.--No order of the court under section
17 3702 shall be deemed a final adjudication regarding the results
18 of any election, so as to preclude any contest under this
19 chapter. The order shall not affect the official returns of any
20 election district unless a petition to recanvass has been
21 presented before the certification of the returns of the county
22 by the commission, or unless a contest has been instituted
23 pursuant to this chapter.
24 (c) Preservation of evidence for prosecution.--If upon the
25 recanvass under this chapter, it is found that fraud was
26 committed in the computation of the votes cast, or in the
27 marking of the ballots or ballot labels contained therein or
28 otherwise in connection with the ballots or ballot labels, the
29 commission shall make the ballot box and contents thereof, the
30 voting machine or the components of the electronic voting system
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1 available as evidence in any prosecution against any person
2 alleged to be guilty of the fraud.
3 SUBCHAPTER B
4 CONTESTS IN GENERAL
5 Sec.
6 3711. Classes of nomination and election contests.
7 3712. Petitions.
8 3713. Petitioners and affidavits.
9 3714. Bond by petitioners.
10 3715. Notice of hearing.
11 3716. Substitute judge.
12 3717. Conduct of hearings.
13 3718. Witnesses.
14 3719. Costs of contests.
15 3720. Invalidity of vote due to defective ballots.
16 3721. Notice of order of court.
17 § 3711. Classes of nomination and election contests.
18 The several classes of nominations at elections of public
19 officers which may be contested are hereby distinguished and
20 designated as follows:
21 (1) Class I.--nominations and elections of the Governor
22 and Lieutenant Governor of the Commonwealth.
23 (2) Class II.--nominations and elections of electors of
24 President and Vice President of the United States and all
25 other officers of this Commonwealth, including judges who are
26 now or hereafter required to be nominated or elected by the
27 electors of this Commonwealth at large, and nominations of
28 United States senators.
29 (3) Class III.--nominations and elections of other
30 judges.
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1 (4) Class IV.--nominations and elections of senators and
2 representatives in the General Assembly, and nominations of
3 representatives in Congress.
4 (5) Class V.--all other officers whether nominated or
5 elected by the electors of political subdivisions, wards or
6 any other division of this Commonwealth.
7 § 3712. Petitions.
8 The commencement of proceedings in the case of contests of
9 the second, third, fourth and fifth classes shall be by petition
10 filed within 20 days after the day of the election. The petition
11 shall concisely set forth the cause of the contest, showing
12 where it is claimed that the election is illegal, and after
13 filing may be amended with leave of court, so as to include
14 additional allegations in support of the relief sought therein.
15 After an amendment, a reasonable time shall be given to the
16 other party to answer.
17 § 3713. Petitioners and affidavits.
18 The petitioners shall be registered electors who voted at the
19 election contested. In cases of the third class, each petition
20 shall be verified by at least ten petitioners; in the second,
21 fourth and fifth classes, by at least five petitioners.
22 § 3714. Bond by petitioners.
23 Whenever a petition to contest nomination or contest election
24 of any class is presented to the General Assembly or to the
25 court, the petitioners, within five days, shall file a bond,
26 signed by at least five petitioners in such sum as the presiding
27 officer of the Senate or the court shall designate, with two or
28 more individual sureties or a corporate surety to be approved by
29 the officer or court, conditioned for the payment of all costs
30 which may accrue in the contested nomination or election
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1 proceeding. If the bond is not filed, the petition shall be
2 dismissed.
3 § 3715. Notice of hearing.
4 Notice of the filing of the petition, with a copy thereof,
5 shall be served upon the person whose nomination or right of
6 office is contested, a length of time before the day fixed for
7 hearing as the presiding officer of the Senate or court shall
8 order, not exceeding seven days in cases of contested
9 nominations at primaries preceding municipal elections, and not
10 exceeding 30 days in all other cases.
11 § 3716. Substitute judge.
12 In any case where for any reason there is no judge of the
13 judicial district in which any contest arises qualified to act,
14 the judge residing nearest the courthouse of the county in which
15 the petition was filed shall preside over the contest.
16 § 3717. Conduct of hearings.
17 Certified copies of all election papers, registers of voters,
18 and records, authenticated by the person having custody thereof,
19 shall be competent evidence and prima facie proof of their
20 contents; but the party against whom they are produced shall
21 have the right to compel the attendance of the person who
22 certified them for cross-examination. Examiners to take and
23 report evidence may be appointed, and reasonable notice of the
24 time and place of taking the evidence shall be prescribed by the
25 court and served upon the opposite party.
26 § 3718. Witnesses.
27 In trials of contested nominations and elections, and in all
28 proceedings for the investigation of elections, no person shall
29 be permitted to withhold his testimony upon the ground that he
30 may incriminate himself, or subject himself to public infamy,
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1 but the testimony shall not afterwards be used against him in
2 any judicial proceedings, except for perjury in giving the
3 testimony.
4 § 3719. Costs of contests.
5 (a) Without probable cause.--In contested nominations or
6 elections of all classes, if the committee or court decides that
7 the complaint is without probable cause, the petitioners shall
8 be jointly and severally liable for all the costs.
9 (b) With probable cause.--In contested nominations or
10 elections of electors of President and Vice President, and
11 Commonwealth officers elected by this Commonwealth at large, and
12 senators and representatives of the United States and of this
13 Commonwealth, in which the committee or court decides that the
14 complaint is not without probable cause, the Commonwealth shall
15 be liable for all costs. The committee or court shall certify to
16 the Auditor General a bill of the costs, which shall be adjusted
17 and settled in the usual manner, and paid out of moneys
18 appropriated for that purpose. Whenever, in a contested
19 nomination or election of a judge of a court of record, and of
20 an officer of political subdivisions or ward, the contestant
21 establishes his right to the nomination or office, or, if he
22 fails to establish his right, but the court decides that the
23 complaint was not without probable cause, the court shall justly
24 apportion all the costs among the proper districts, political
25 subdivisions, or wards, of the whole district in which the
26 contest is had, and shall order the payment of the amounts by
27 the properly constituted authorities.
28 § 3720. Invalidity of vote due to defective ballots.
29 Whenever, in any contested nomination or election, the
30 tribunal trying the case decides that the ballots or ballot
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1 labels used in one or more election districts, by reason of the
2 omission, addition, misplacing, misspelling or misstatement of
3 one or more titles of office, names of candidates or parties or
4 political bodies represented by them, were so defective as to
5 the office in contest as to be likely to mislead the electors in
6 regard to any of the candidates nominated or seeking nomination
7 for the office, and that the defective condition of the ballots
8 or ballot labels may have affected the result of the entire
9 election for the office, the tribunal shall declare the election
10 to be invalid in regard to the office. In the case of elections
11 it shall report its decision, in cases where vacancies in the
12 offices are filled by appointment, to the proper officer who is
13 by law authorized to fill vacancies occurring in the office.
14 Upon receipt of the notice, the officer shall immediately
15 appoint a suitable person to fill the vacancy thus created. The
16 person so appointed shall continue in office until the next
17 election succeeding his appointment at which the office is by
18 law filled in the manner provided by law. All vacancies in
19 nominations so created shall be filled in the manner provided by
20 section 2321 (relating to substituted nominations by parties).
21 § 3721. Notice of order of court.
22 Immediately upon the entry of any order of court deciding any
23 contested nomination or election, the prothonotary of the court
24 shall transmit immediately to the secretary and to the proper
25 commission a certified copy of the order.
26 SUBCHAPTER C
27 CONTESTS REGARDING GOVERNOR AND
28 LIEUTENANT GOVERNOR
29 Sec.
30 3741. Committee of General Assembly to try contest.
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1 3742. Initial proceedings on contest petitions.
2 3743. Senate members of contest committee.
3 3744. House members of contest committee.
4 3745. Challenges.
5 3746. Verification of proper selection of committee.
6 3747. Final selection of committee.
7 3748. Members to remain until final selection.
8 3749. Final qualification of committee.
9 3750. Time and place of meeting.
10 3751. Absence from committee.
11 3752. Meetings of committee.
12 3753. Presiding officer of committee.
13 3754. Powers of committee.
14 3755. Proceedings before committee.
15 3756. Conduct and report of committee.
16 3757. Report of committee to be final.
17 3758. New election if invalid.
18 3759. Pay of witnesses.
19 § 3741. Committee of General Assembly to try contest.
20 Contested nominations and elections of Governor and
21 Lieutenant Governor shall be tried and determined by a committee
22 to be selected from both houses of the General Assembly, and
23 formed and regulated in the manner provided in this subchapter.
24 § 3742. Initial proceedings on contest petitions.
25 Upon the petition in writing of at least 100 electors of this
26 Commonwealth, accompanied by the affidavit of at least 20 of the
27 petitioners, that the facts set forth are true to the best of
28 their knowledge and belief, and a certificate from the
29 commission of the county or counties where the petitioners
30 reside, setting forth that they are all electors, presented to
19870H0884B0965 - 358 -
1 the presiding officer of the Senate within ten days from the
2 organization of the General Assembly next succeeding the
3 election complained of, he shall immediately give notice thereof
4 to both houses. The petition, after being read in each house,
5 shall be laid on the table without any question taken until the
6 two houses proceed as provided in this subchapter.
7 § 3743. Senate members of contest committee.
8 The Senate and House of Representatives shall, on a day and
9 hour to be agreed on between them, which day shall be within
10 five days of the completion of the proceedings provided in
11 section 3742 (relating to initial proceedings on contest
12 petitions), convene in the hall of the House of Representatives,
13 where the petition shall be read by the Secretary of the Senate.
14 The names of the members of each house shall then be called over
15 by the respective clerks, and a quorum of each house being
16 present, a joint committee shall be formed as follows:
17 (1) The names of all senators present, except the
18 President pro tempore, shall be written on distinct pieces of
19 paper as nearly alike as may be, each of which shall be
20 rolled up and put into a box by the Clerk of the House of
21 Representatives, and placed on the Speaker's table.
22 (2) The Secretary of the Senate, having shaken and
23 intermixed the papers, shall draw them out one by one, and
24 put them alternately into three boxes, also placed on the
25 Speaker's table.
26 (3) When the whole number have been thus distributed,
27 the Clerk of the House of Representatives shall shake and
28 intermix the papers in each box, and shall draw alternately
29 from each box the papers rolled up, until twelve papers have
30 been so drawn, and shall deliver them singly, as drawn, to
19870H0884B0965 - 359 -
1 the Speaker of the House of Representatives.
2 (4) The Speaker of the House of Representatives shall
3 open the papers singly and read aloud the names on each, and
4 then deliver the papers singly to the President of the
5 Senate, who shall place them openly on the table.
6 (5) A member of each house, to be designated by the
7 respective presiding officers, shall take down in writing the
8 names called, and shall each of them repeat aloud the name
9 written.
10 § 3744. House members of contest committee.
11 The like proceedings shall then be had for drawing 25 members
12 of the House of Representatives for the purpose, with the
13 following exceptions:
14 (1) The duties in the section 3743 (relating to Senate
15 members of contest committee) enjoined upon the Clerk of the
16 House of Representatives shall be performed by the Secretary
17 of the Senate.
18 (2) The duties in section 3743 enjoined upon the
19 Secretary of the Senate shall be performed by the Clerk of
20 the House of Representatives.
21 (3) The duties in section 3743 enjoined upon the Speaker
22 of the House of Representatives shall be performed by the
23 presiding officer of the Senate.
24 (4) The duties in section 3743 enjoined upon the
25 President of the Senate shall be performed by the Speaker of
26 the House of Representatives, whose name shall not be placed
27 in the box.
28 § 3745. Challenges.
29 If any objection is made by either of the parties to any
30 member so drawn by lot, the member shall be discharged, and
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1 another name be drawn to supply the place, and so on until the
2 whole number of 12 senators and 25 members of the House of
3 Representatives are chosen. In all cases, the members drawn in
4 place of those objected to shall be in like manner liable to be
5 set aside, and others shall be drawn in their places. If so many
6 are set aside by reason of objections that there shall not
7 remain more than the number required, then no further objection
8 may be admitted.
9 § 3746. Verification of proper selection of committee.
10 When the number required is completed, the Clerk of the House
11 of Representatives shall draw out, one by one, the names of the
12 remaining members of the Senate, and deliver them singly to the
13 Speaker of the House of Representatives, who shall unfold and
14 read them aloud. The Secretary of the Senate shall in like
15 manner draw out the names of the remaining members of the House
16 of Representatives, and deliver them singly to the presiding
17 officer of the Senate, who shall unfold them and read them
18 aloud. If any unfairness or mistakes are then discovered, the
19 whole proceedings shall be set aside, and they shall be renewed
20 in manner and form as directed, but after the committee is
21 sworn, no objection for that cause may be received.
22 § 3747. Final selection of committee.
23 When the proceedings aforesaid are concluded, a list of the
24 12 members of the Senate and a separate list of the 25 members
25 of the House of Representatives so drawn shall be given to each
26 of the parties, who shall immediately withdraw to some adjoining
27 room, with a clerk or members appointed by the joint vote of
28 members present, where they shall proceed to strike off
29 alternately the names upon the list, until the number is reduced
30 to four members of the Senate and nine members of the House of
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1 Representatives, which shall constitute a select committee.
2 § 3748. Members to remain until final selection.
3 On the parties withdrawing to form the select committee, the
4 members of both houses shall continue convened and the members
5 whose names have been drawn out of the boxes shall not leave the
6 conference room without permission, until the time and place for
7 the meeting of the select committee is fixed.
8 § 3749. Final qualification of committee.
9 Within one hour from the time of withdrawing, the parties
10 shall deliver to the presiding officer of the Senate the names
11 of the four members of the Senate and nine of the House of
12 Representatives remaining on the list, who shall then
13 respectively take an oath, to be administered by the presiding
14 officer of the Senate, to try the matter of the petition and to
15 give a true judgment according to the evidence, unless the
16 committee is dissolved.
17 § 3750. Time and place of meeting.
18 The time and place for the meeting of the select committee so
19 appointed shall then be directed by the joint vote of the
20 members of both houses, which time shall be within 48 hours of
21 the appointment.
22 § 3751. Absence from committee.
23 If any person appointed a member of the select committee
24 shall, at the time of the appointment, swear or affirm that he
25 cannot without great inconvenience serve on the committee, he
26 shall be excused, and another shall be substituted.
27 § 3752. Meetings of committee.
28 The select committee shall sit from day to day, Sundays
29 excepted, at such hours as shall not interfere with their
30 attendance in the General Assembly, but unless nine of their
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1 number are present, the committee shall adjourn to the next day,
2 and if the number of the committee is unavoidably reduced to
3 less than nine members, and shall so continue for the space of
4 three days, Sundays excepted, the committee shall be dissolved,
5 and there shall be another chosen in the same manner. When the
6 two houses stand adjourned for more than three days, the
7 committee may adjourn to the same time.
8 § 3753. Presiding officer of committee.
9 Immediately after the appointment of the select committee,
10 the President of the Senate shall notify the Chief Justice of
11 the Supreme Court, and he shall attend the meetings of the
12 committee as the presiding officer. The Chief Justice of the
13 Supreme Court shall decide questions regarding the admissibility
14 of evidence, and he shall, upon request of the committee,
15 pronounce his opinion upon other questions of law involved in
16 the contest, but he shall not have a vote on the final
17 determination of the case.
18 § 3754. Powers of committee.
19 The select committee shall have power to subpoena persons and
20 require the production of papers and records, and to compel the
21 attendance of and examine all witnesses who may come before
22 them, under oath, which the Chief Justice of the Supreme Court
23 or clerk of the committee may administer in their presence and
24 to decide not only on the validity of the contested election,
25 but also which of the candidates had the greatest number of
26 legal votes.
27 § 3755. Proceedings before committee.
28 When it is proven to the satisfaction of the committee that
29 any person, not a legal elector, voted at a contested election,
30 it is lawful for the committee to compel the elector to
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1 disclose, under oath, for which of the respective candidates he
2 voted. When the committee examines the witness under oath as to
3 the person or persons for whom he voted, and the witness on the
4 examination discloses the names of the persons for whom he voted
5 at the election, he shall not afterwards be prosecuted for
6 having illegally voted at the election.
7 § 3756. Conduct and report of committee.
8 The doors of the room in which the select committee meets
9 shall remain open during the examination of witnesses, but may
10 be closed at any other time. All determinations required to be
11 made by the committee shall be by a majority of the whole number
12 appointed. As soon as the committee has agreed upon the validity
13 of the contested election, and upon which of the candidates is
14 entitled to the nomination or election, a report written thereof
15 shall be delivered to the presiding officer of the Senate, and
16 to the Speaker of the House of Representatives, which reports
17 shall be entered on the journals of the respective houses, and
18 shall be final.
19 § 3757. Report of committee to be final.
20 If the committee decides that either of the candidates had
21 the greatest number of legal votes, and ought to receive the
22 nomination or to be admitted to the office, as the case may be,
23 the candidate shall be entitled to the office or nomination.
24 § 3758. New election if invalid.
25 If the committee decides that the election or return is
26 invalid, a new election shall take place on the day of the
27 general election ensuing, of which the presiding officer of each
28 house shall immediately give notice by their joint writ directed
29 to the secretary and the commissions of the respective counties;
30 and the commissions of the respective counties shall give due
19870H0884B0965 - 364 -
1 notice thereof according to statute. If the committee decides
2 that the nomination is invalid, the vacancy in the party ticket
3 shall be filled in the manner provided by section 2321 (relating
4 to substituted nominations by parties).
5 § 3759. Pay of witnesses.
6 Witnesses shall be paid mileage and expenses consistent with
7 generally applicable statutes or rules of court. The amount to
8 which each witness shall be entitled thereunder and the expense
9 of summoning the witness shall be taxed by the select committee
10 and shall be certified by the chairman thereof to the Speaker of
11 the House of Representatives or the presiding officer of the
12 Senate, or both. The amount thereof, after having been first
13 approved by the house or houses to which the certificate is
14 made, shall be paid by the treasurer of the county or counties
15 in which the facts complained of took place, if the facts are
16 substantiated, or by the treasurer of the county or counties in
17 which the petitioners reside, if the statements in the petition
18 are not substantiated, on orders drawn by the Speaker of the
19 House of Representatives or the presiding officer of the Senate,
20 or both, as the case may require.
21 SUBCHAPTER D
22 CONTESTS REGARDING OTHER COMMONWEALTH
23 OFFICIALS AND APPELLATE JUDGES
24 Sec.
25 3761. Commonwealth Court to have jurisdiction.
26 3762. Entry and effect of decisions.
27 § 3761. Commonwealth Court to have jurisdiction.
28 Cases of the second class shall be tried and determined by
29 the Commonwealth Court, upon petition of at least 100 electors.
30 § 3762. Entry and effect of decisions.
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1 After the hearing of the case, the judges shall, without
2 unnecessary delay, decide which of the candidates voted for
3 received the greatest number of legal votes, and is entitled to
4 the nomination or office, except that, where an appeal is taken
5 from the Commonwealth Court, the appellate court rendering the
6 final decision on the contest shall so decide. A certified copy
7 of the decision shall, within five days from the rendering
8 thereof, be delivered to the secretary. The person who, by the
9 final decision, received the largest number of votes, shall be
10 entitled to the nomination or to the office and be commissioned
11 accordingly.
12 SUBCHAPTER E
13 CONTESTS REGARDING JUDGES OF JUDICIAL DISTRICTS
14 Sec.
15 3771. Jurisdiction.
16 3772. Procedure to contest.
17 3773. Certification and effect of decisions.
18 § 3771. Jurisdiction.
19 Contested nominations and elections of the third class shall
20 be tried and determined before the court of the county where the
21 person returned as nominated or elected resides.
22 § 3772. Procedure to contest.
23 Upon petition in writing of at least 50 registered electors
24 of the district for which the person whose nomination or
25 election is contested was returned as nominated or elected,
26 presented to the Governor, complaining of an illegal election or
27 false return of any judge, the Governor shall immediately direct
28 the three president judges residing nearest to the courthouse of
29 the county composing the judicial district, or, if more than one
30 county composes the district, then those nearest the courthouse
19870H0884B0965 - 366 -
1 of the most populous county of the district, to convene without
2 delay the court of the county, and proceed to hear and determine
3 the issues raised by the petition.
4 § 3773. Certification and effect of decisions.
5 After the hearing the judges shall, without delay, decide
6 which of the candidates voted for received the greatest number
7 of legal votes, and is entitled to the nomination or office,
8 except that, where an appeal is taken from the court, the
9 appellate court rendering the final decision on the contest
10 shall so decide. A certified copy of the decision shall, within
11 five days from the rendering of the decision, be transmitted to
12 the secretary. The person who, by the final decision, received
13 the largest number of votes, shall be entitled to the
14 nomination, or to the office, and commissioned accordingly.
15 SUBCHAPTER F
16 CONTESTS REGARDING CONGRESS AND
17 GENERAL ASSEMBLY
18 Sec.
19 3781. Jurisdiction.
20 3782. Method of contest.
21 3783. Parties.
22 3784. Decision of court.
23 3785. Return of result to proper house.
24 3786. Appeal to proper house.
25 3787. Action on appeal petition.
26 § 3781. Jurisdiction.
27 Contested nominations and elections of senators and
28 representatives in the General Assembly and contested
29 nominations of representatives in Congress shall be tried and
30 determined by the court of the county where the person returned
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1 as nominated or elected resides.
2 § 3782. Method of contest.
3 Upon petition of at least 20 registered electors of the
4 senatorial district in case of a senator and of the legislative
5 district in case of a representative in the General Assembly,
6 complaining of an illegal nomination or election of the senator
7 or representative, or upon petition of at least 20 registered
8 electors of the congressional district in case of a
9 representative in Congress, complaining of an illegal nomination
10 of any representative in Congress, the court shall immediately
11 fix a suitable time for the hearing of the complaint, notice of
12 which shall be given to the person returned, at least ten days
13 before the hearing.
14 § 3783. Parties.
15 On the trial of contested nominations or elections of
16 senators and representatives in the General Assembly and of
17 contested nominations of representatives in Congress, the
18 petitioners complaining of nomination or the election, and the
19 person returned as nominated or elected, shall be the parties to
20 the proceeding.
21 § 3784. Decision of court.
22 After the hearing, the court shall, without delay, decide
23 which of the candidates voted for received the greatest number
24 of legal votes and is entitled to the nomination or election.
25 § 3785. Return of result to proper house.
26 In the case of contested elections of senator and
27 representative in the General Assembly, the secretary shall, on
28 the day of the meeting of the next General Assembly, or if in
29 session, then immediately upon its reception, deliver to the
30 presiding officer of the proper house a certified copy of the
19870H0884B0965 - 368 -
1 decision of the court.
2 § 3786. Appeal to proper house.
3 Any claimant to a seat in either house of the General
4 Assembly, who is aggrieved by the decision of the court in his
5 case, may present his verified petition to the proper house
6 within ten days, after the meeting of the General Assembly, or
7 within ten days after the decision has been made in his case, if
8 the General Assembly is then in session, setting forth his claim
9 that he believes that he was duly elected to the seat.
10 § 3787. Action on appeal petition.
11 The petition, when presented, shall be referred to a standing
12 committee on election, which shall proceed to hear the claims of
13 the contestant and respondent, and report the facts and a
14 resolution expressing the decision of the committee, for the
15 consideration of the house; and the vote of the proper house on
16 the claims of the contestant and respondent shall be final. No
17 resolution deciding the question shall be adopted, unless it
18 receives the votes of a majority of all the members of the
19 proper house voting thereon.
20 SUBCHAPTER G
21 CONTESTS REGARDING LOCAL OFFICES
22 Sec.
23 3791. Jurisdiction.
24 § 3791. Jurisdiction.
25 Cases of the fifth class shall be tried and determined upon
26 petition of 20 registered electors by the court of the county in
27 which the contested election was held.
28 PART XI
29 VIOLATIONS AND PENALTIES
30 Chapter
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1 39. Violations and Penalties
2 CHAPTER 39
3 VIOLATIONS AND PENALTIES
4 Subchapter
5 A. General Provisions
6 B. Offenses Applicable to Specific Classes of Persons
7 C. Offenses Generally Applicable
8 D. Other Penalties
9 SUBCHAPTER A
10 GENERAL PROVISIONS
11 Sec.
12 3901. Applicability of Crimes Code.
13 § 3901. Applicability of Crimes Code.
14 The provisions of Title 18 (relating to crimes and offenses)
15 are applicable to violations thereof affecting registration, any
16 election, or any other matter provided for in this title,
17 including, without limitation, the following provisions of Title
18 18:
19 Section 903 (relating to criminal conspiracy).
20 Section 2701 (relating to simple assault).
21 Section 3304 (relating to criminal mischief).
22 Section 4101 (relating to forgery).
23 Section 4104 (relating to tampering with records or
24 identification).
25 Section 4701 (relating to bribery in official and
26 political matters).
27 Section 4702 (relating to threats and other improper
28 influence in official and political matters).
29 Section 4902 (relating to perjury).
30 Section 4903 (relating to false swearing).
19870H0884B0965 - 370 -
1 Section 4904 (relating to unsworn falsification to
2 authorities).
3 Section 4911 (relating to tampering with public records
4 or information).
5 Section 4912 (relating to impersonating a public
6 servant).
7 Section 5101 (relating to obstructing administration of
8 law or other governmental function).
9 Section 5109 (relating to barratry).
10 Section 5301 (relating to official oppression).
11 Section 5508 (relating to disrupting meetings and
12 processions).
13 SUBCHAPTER B
14 OFFENSES APPLICABLE TO SPECIFIC
15 CLASSES OF PERSONS
16 Sec.
17 3911. Election officers.
18 3912. Candidates and political committees.
19 3913. Corporations and associations.
20 3914. Electors.
21 3915. Peace officers.
22 3916. Printers.
23 § 3911. Election officers.
24 (a) Offenses defined.--Any member of the commission,
25 registrar or other employee of the commission, judge or
26 inspector of election, clerk of election, machine inspector,
27 overseer and voting equipment custodian commits an offense if
28 he:
29 (1) Commits fraud in the conduct of his duties at an
30 election; makes a false return of the votes cast at any
19870H0884B0965 - 371 -
1 election; deposits fraudulent ballots in the ballot box or
2 certifies as correct a return of ballots in the ballot box
3 which he knows to be fraudulent; registers fraudulent votes
4 upon any voting equipment or certifies as correct a return of
5 votes cast upon any voting equipment which he knows to be
6 fraudulently registered thereon.
7 (2) Knowingly registers a person, or permits him to be
8 registered when he is not lawfully entitled to be registered,
9 or without a proper application or without requiring the
10 proper evidence of his right to be registered; without
11 reasonable cause, refuses to register a person entitled to be
12 registered, or knowingly assists in preventing him from being
13 registered; permits any person required to be registered to
14 vote at any election who is not registered; permits any
15 elector to vote knowing that he is not qualified to vote
16 whether or not he has been challenged; permits any person who
17 has been lawfully challenged to vote at any election without
18 requiring the required proof of the right of the person to
19 vote; or refuses to permit any elector to vote at any
20 election, with the knowledge that he is entitled to vote.
21 (3) Permits a person to see a signature recorded as his
22 in the district register before he has signed his name to the
23 elector's certificate.
24 (4) Unlawfully opens or tampers with, injures or
25 attempts to injure any voting equipment to be used or being
26 used at any election, or prevents or attempts to prevent the
27 correct operation of the equipment.
28 (5) Before any ballot is deposited in the ballot box,
29 unfolds, opens or pries into the ballot, with the intent to
30 discover the manner in which the ballot has been marked.
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1 (6) Knowingly permits an elector to be accompanied by
2 another into the voting compartment or booth in violation of
3 section 3336 (relating to assistance in voting).
4 (7) Refuses to permit any overseer or watcher, attorney
5 or candidate to be present, as authorized by this title, at
6 any session of a commission, computation and canvassing of
7 returns of any election or recanvass of ballots or voting
8 equipment, or at any polling place during the time the polls
9 are open at any election, and after the close of the polls
10 during the canvass of ballots or voting equipment until the
11 returns of the election have been made and signed.
12 (8) Fails to return to the commission following any
13 election any ballot box or any paper, record or other article
14 required to be returned under this title.
15 (b) Member or clerk of commission.--Any chief clerk or
16 member of a commission commits a misdemeanor of the third degree
17 if he reveals or divulges any of the details of any absentee
18 ballot; counts an absentee ballot knowing it to be contrary to
19 law; rejects an absentee ballot without reason to believe that
20 it is contrary to law; or permits an elector to cast his ballot
21 at a polling place knowing that an absentee ballot has been
22 issued to that elector.
23 (c) Grading.--The offenses described in subsection (a)(1)
24 and (2) are misdemeanors of the first degree; the offense
25 described in subsection (a)(3) is a misdemeanor of the second
26 degree; and the offenses described in subsection (a)(4), (5),
27 (6), (7) and (8) are misdemeanors of the third degree.
28 § 3912. Candidates and political committees.
29 (a) Failure to file election expenses.--Any candidate or
30 treasurer of a political committee or person acting as treasurer
19870H0884B0965 - 373 -
1 commits a misdemeanor of the second degree if he fails to file
2 an account of election expenses, as required by this title.
3 (b) Receipt or expenditure of political funds other than
4 through treasurer.--Any member of a political committee commits
5 a misdemeanor of the second degree if he receives or disburses
6 any money or incurs any liability for election expenses, except
7 through the treasurer of such political committee, and any
8 person not a candidate or member of a political committee who
9 receives or disburses any money or incurs any liability for
10 election expenses.
11 (c) Unauthorized receipt of political funds.--Any person or
12 any political committee commits a misdemeanor of the second
13 degree if he receives money on behalf of any candidate without
14 being authorized to do so under section 2703 (relating to
15 authorization of political committees).
16 § 3913. Corporations and associations.
17 Any corporation or unincorporated association commits a
18 misdemeanor of the first degree if it pays, gives or lends or
19 agrees to pay, give or lend any money belonging to such
20 corporation or unincorporated association or in its custody or
21 control, in violation of section 2715 (relating to contributions
22 by banks, corporations or unincorporated associations). Any
23 director, officer, agent or employee of any corporation or
24 unincorporated association commits a misdemeanor of the first
25 degree if it on behalf of the corporation or unincorporated
26 association, pays, gives or lends or authorizes to be paid,
27 given or lent any money belonging to the corporation or
28 unincorporated association or in its custody or control, in
29 violation of section 2715.
30 § 3914. Electors.
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1 (a) Unlawful election practices.--Any elector at any
2 election commits a misdemeanor of the third degree if he allows
3 his ballot or the face of the voting equipment voted by him to
4 be seen by any person with the intention of letting it be known
5 how he is about to vote; in districts in which ballots are used,
6 casts or attempts to cast any other than the official ballot
7 which has been given to him by the proper election officer;
8 votes without having made the declaration under oath or
9 affirmation required by section 3336(a) (relating to assistance
10 in voting), or when the disability which he declared no long
11 exists, permits another to accompany him into the voting
12 compartment or booth or to mark his ballot or prepare the voting
13 equipment for voting by him; marks his ballot or prepares the
14 voting equipment for voting while another is unlawfully present
15 in the voting compartment or booth with him; enters the voting
16 compartment or booth with another while voting or is present
17 therein while another is voting, or marks the ballot of another
18 or prepares the voting equipment for voting with another, except
19 in strict accordance with this title; endeavors to induce any
20 elector before depositing his ballot to show how he marks or has
21 marked his ballot; or attempts to influence the vote of the
22 elector whom he is assisting, or marks a ballot or prepares
23 voting equipment for voting in any other way than that requested
24 by the elector whom he is assisting, or discloses to anyone the
25 contents of any ballot which has been marked or any voting
26 equipment which has been prepared for voting with his
27 assistance, except when required to do so in any legal
28 proceeding.
29 (b) Primary practices.--Any elector commits a misdemeanor of
30 the third degree if he willfully votes at any primary of a party
19870H0884B0965 - 375 -
1 in which he is not enrolled.
2 § 3915. Peace officers.
3 (a) Failure to assist at election.--Any mayor, chief
4 burgess, sheriff, deputy sheriff, constable, deputy constable,
5 police officer or other peace officer commits a misdemeanor of
6 the third degree if he neglects or refuses to maintain order and
7 quell any disturbance or perform the duties prescribed in
8 section 3322 (relating to peace officers).
9 (b) At polling places.--Any police officer in commission,
10 whether in uniform or in citizen's clothes, commits a
11 misdemeanor of the third degree if he is within 100 feet of a
12 polling place during the conduct of any election, except in the
13 exercise of his privilege of voting, or for the purpose of
14 serving warrants, or in accordance with the exception set forth
15 in section 3322, or where the police station or headquarters is
16 located in the same building or on the premises where the
17 polling place is located or unless called upon to preserve the
18 peace, as provided by this title.
19 § 3916. Printers.
20 Any printer employed by any commission to print any official
21 ballots, or any person engaged in printing the ballots commits a
22 misdemeanor of the first degree if he appropriates to himself or
23 gives or delivers or knowingly permits to be taken any ballots
24 by any other person than the commission or their duly authorized
25 agent, or who willfully prints or causes to be printed any
26 official ballot in any form other than that prescribed by the
27 commission or with any other names or printing, or with the
28 names spelled otherwise than as directed by them or the names or
29 printing thereon arranged in any other way than that authorized
30 and directed by this title.
19870H0884B0965 - 376 -
1 SUBCHAPTER C
2 OFFENSES GENERALLY APPLICABLE
3 Sec.
4 3921. Preparation of registration applications.
5 3922. Unlawful voting.
6 3923. Bribery and illegal influence.
7 3924. Disobeying lawful instructions or subpoenas.
8 3925. Unlawful possession of ballots and keys and
9 counterfeiting ballots.
10 3926. Removing ballots.
11 3927. Violation of advertising provisions.
12 3928. Violations of other provisions.
13 § 3921. Preparation of registration applications.
14 (a) Unauthorized entries.--Any person who inserts or
15 knowingly permits the insertion of an entry on registration
16 application forms without prior authorization by the applicant,
17 or otherwise in violation of this title, commits a misdemeanor
18 of the second degree.
19 (b) Elector's representatives.--Any elector's representative
20 under section 1106(b) (relating to general mail registration)
21 commits a misdemeanor of the third degree if he deliberately
22 misinstructs an applicant for registration or fails to deliver
23 the completed and signed registration application.
24 § 3922. Unlawful voting.
25 (a) Fraudulent voting.--Any person commits a misdemeanor of
26 the first degree if he votes in more than one election district,
27 or otherwise fraudulently votes more than once at the same
28 election, or votes a ballot other than the ballot issued to him
29 under this title, or advises or procures another to do so, or
30 deposits fraudulent ballots in the ballot box or registers
19870H0884B0965 - 377 -
1 fraudulent votes upon any voting equipment.
2 (b) Voting without proper qualifications.--Any person
3 commits a misdemeanor of the third degree if he votes or
4 attempts to vote at any election, knowing that he does not
5 possess all the qualifications of an elector at such election,
6 as set forth in this title, or votes or attempts to vote as an
7 elector in the uniformed services under Subchapter A of Chapter
8 33 (relating to voting by absentee electors) not being qualified
9 to vote at the election.
10 § 3923. Bribery and illegal influence.
11 (a) Bribery.--Any person commits a misdemeanor of the second
12 degree if he offers, confers or agrees to confer upon another,
13 or solicits or agrees to accept from another, any benefit or
14 consideration for:
15 (1) refraining from casting a vote; or
16 (2) registering under this title, or registering and
17 enrolling as a member of any party or refraining from doing
18 so.
19 (b) Threat and other improper influence.--Any person commits
20 a misdemeanor of the second degree if he threatens unlawful harm
21 to induce another to:
22 (1) refrain from casting a vote; or
23 (2) register under this title, or register and enroll as
24 a member of any party or refrain from doing so.
25 (c) Retaliation.--Any person commits a misdemeanor of the
26 second degree if he threatens or inflicts unlawful harm in
27 retaliation for the exercise by another of any lawful right
28 under this title or his refraining from doing so.
29 (d) Threat of discharge from employment.--Any person commits
30 a misdemeanor of the second degree if he threatens another with
19870H0884B0965 - 378 -
1 dismissal or discharge from any office or employment, public or
2 private, then held by him, in order to influence his vote, or to
3 induce him to refrain from voting, or to induce him to register
4 under this title or to register and enroll as a member of any
5 party or to refrain from doing so, or in order to retaliate for
6 his having done or refrained from doing any lawful act under
7 this title.
8 § 3924. Disobeying lawful instructions or subpoenas.
9 Any person commits a misdemeanor of the third degree if he
10 willfully disobeys any lawful instruction or order of any
11 commission or refuses to obey their subpoena duly issued and
12 served under this title.
13 § 3925. Unlawful possession of ballots and keys and
14 counterfeiting ballots.
15 Any person, other than an officer charged by law with the
16 care of ballots or keys, or any person entrusted by that officer
17 with the care of the same for a lawful purpose, commits a
18 misdemeanor of the third degree if he has in his possession
19 outside the polling place any official ballot or key to a voting
20 machine or other voting equipment used or being used in any
21 election; or makes or has in his possession any counterfeit of
22 an official ballot or duplicate key to such voting equipment.
23 § 3926. Removing ballots.
24 Any person commits a misdemeanor of the third degree if he
25 unlawfully removes any ballot from any book of official ballots.
26 § 3927. Violation of advertising provisions.
27 Any person, association, partnership or corporation,
28 political committee or party or member thereof who violates
29 section 2721 (relating to identification of advertisers) commits
30 a misdemeanor of the second degree.
19870H0884B0965 - 379 -
1 § 3928. Violations of other provisions.
2 Any person who violates any of the provisions of this title
3 for which a penalty is not specifically provided in this title
4 or in Title 18 (relating to crimes and offenses) commits a
5 misdemeanor of the third degree.
6 SUBCHAPTER D
7 OTHER PENALTIES
8 Sec.
9 3941. Candidates violating law disqualified from holding
10 office.
11 3942. Persons violating law to be disfranchised.
12 § 3941. Candidates violating law disqualified from holding
13 office.
14 Any person who, while a candidate for office, is guilty of
15 bribery, fraud or willful violation of any provision of this
16 title shall be forever disqualified from holding the office or
17 any other office of trust or profit in this Commonwealth.
18 § 3942. Persons violating law to be disfranchised.
19 Any person convicted of the willful violation of any
20 provision of this title or any violation of the provisions of
21 Title 18 (relating to crimes and offenses) listed in section
22 3901 (relating to applicability of Crimes Code), affecting
23 registration, any election or any other matter provided for in
24 this title, shall, in addition to any of the penalties provided
25 therefor, be deprived of the right of suffrage absolutely for a
26 term of four years from the date of his conviction. The
27 commission shall cause one of its members at the request of the
28 judge to produce in court at the time of sentence the district
29 register containing the registration card of the convicted
30 person, which registration card shall thereupon be immediately
19870H0884B0965 - 380 -
1 canceled in open court in the presence of the convicted person
2 by a member of the commission who shall promptly also cancel the
3 registration card of the convicted person in the general
4 register.
5 PART XII
6 MISCELLANEOUS PROVISIONS
7 Chapter
8 41. Electoral College
9 43. Electoral Districts
10 CHAPTER 41
11 ELECTORAL COLLEGE
12 Sec.
13 4101. Election of presidential electors.
14 4102. Meeting and duties of electors.
15 4103. Filling of vacancies.
16 4104. Compensation and expenses of electoral college.
17 § 4101. Election of presidential electors.
18 At the general election to be held in the year 1984, and
19 every fourth year thereafter, there shall be elected by the
20 electors of this Commonwealth persons to serve as electors of
21 President and Vice President of the United States, and referred
22 to in this chapter as presidential electors, equal in number to
23 the whole number of senators and representatives to which this
24 Commonwealth is entitled in the Congress of the United States.
25 § 4102. Meeting and duties of electors.
26 The presidential electors chosen shall assemble at the seat
27 of government of this Commonwealth, at 12 noon of the day which
28 is, or may be, directed by the Congress, and shall then and
29 there perform the duties enjoined upon them by the Constitution
30 and laws of the United States.
19870H0884B0965 - 381 -
1 § 4103. Filling of vacancies.
2 If any presidential elector dies or for any cause fails to
3 attend at the seat of government at the time appointed by law,
4 the presidential electors present shall proceed to choose viva
5 voce a person of the same party as the deceased or absent
6 presidential elector to fill the vacancy, and immediately after
7 the choice the name of the person so chosen shall be transmitted
8 by the presiding officer of the college to the Governor who
9 shall immediately cause notice in writing to be given to the
10 person of his election. The person so elected shall be an
11 elector and shall, with the other electors, perform the duties
12 enjoined on them.
13 § 4104. Compensation and expenses of electoral college.
14 Each presidential elector shall receive from the State
15 Treasury the sum of $3 dollars for every day spent in traveling
16 to, remaining at and returning from the place of the meeting and
17 shall be entitled to mileage at the rate of 3¢ per mile to and
18 from his home, to be computed by the ordinary mail route between
19 their homes and the place of the meeting. The contingent
20 expenses of the electoral college, not exceeding $100, shall
21 likewise be paid by the State Treasurer, in both cases upon
22 warrants drawn by the presiding officer of the college.
23 CHAPTER 43
24 ELECTORAL DISTRICTS
25 Subchapter
26 A. Congressional Districts (Reserved)
27 B. Municipal Districts
28 SUBCHAPTER A
29 CONGRESSIONAL DISTRICTS
30 (Reserved)
19870H0884B0965 - 382 -
1 SUBCHAPTER B
2 MUNICIPAL DISTRICTS
3 Sec.
4 4351. Short title of subchapter.
5 4352. Reapportionment of municipality.
6 4353. Petition for reapportionment.
7 4354. Contest of reapportionment.
8 4355. Members of governing body.
9 § 4351. Short title of subchapter.
10 This subchapter shall be known and may be cited as the
11 Municipal Reapportionment Act.
12 § 4352. Reapportionment of municipality.
13 (a) Time of reapportionment.--Within the year following that
14 in which the Federal census, decennial or special, is officially
15 and finally reported, and at such other times as the governing
16 body of any municipality shall deem necessary, each municipality
17 having a governing body not entirely elected at large shall be
18 reapportioned into municipal districts by its governing body for
19 purposes of representation on the governing body. The governing
20 body shall number the municipal districts.
21 (b) Requirements of municipal districts.--Municipal
22 districts shall be composed of compact and contiguous territory
23 as nearly equal in population as practicable, as officially and
24 finally reported in the most recent Federal census, decennial or
25 special.
26 § 4353. Petition for reapportionment.
27 (a) General rule.--If a municipality has not been
28 reapportioned by its governing body within the year following
29 that in which the Federal census, decennial or special, is
30 officially and finally reported, a petition, signed by one or
19870H0884B0965 - 383 -
1 more electors who are residents of the municipality may be
2 submitted to the court which may then reapportion the
3 municipality in accordance with this subchapter.
4 (b) Commissioners.--Upon receiving the petition to
5 reapportion, the court may appoint three impartial persons as
6 commissioners, who shall receive such compensation for their
7 services as the court shall fix. The commissioners or any two of
8 them shall make a report to the court within such time as the
9 court shall direct, and shall include with it a plot showing the
10 boundaries of the present municipal districts and a plot showing
11 the municipal districts proposed by them, along with pertinent
12 information relating to population and area of the proposed
13 municipal districts.
14 (c) Confirmation and decree.--Upon presentation, the court
15 shall confirm the report nisi, and shall direct that notice of
16 the filing of the report shall be given by publication once in a
17 newspaper of general circulation stating that exceptions may be
18 filed to the report within 30 days after it was filed. If no
19 exceptions are filed, or if the court dismisses the exceptions,
20 the court shall confirm the report absolutely and issue a
21 decree. The court in its decree shall designate a number for
22 each of the municipal districts of the municipality.
23 (d) Costs and expenses.--All costs and expenses incurred in
24 the proceedings to reapportion shall be paid by the
25 municipality.
26 § 4354. Contest of reapportionment.
27 (a) Grounds for contest.--If a municipality has been timely
28 reapportioned by its governing body or because the governing
29 body has deemed it necessary, the reapportionment may be
30 contested as not being in compliance with the criteria for
19870H0884B0965 - 384 -
1 reapportionment as set forth in section 4352(b) (relating to
2 reapportionment of municipality).
3 (b) Petition.--In order to contest a reapportionment, a
4 petition signed by ten electors who are residents of the
5 municipality shall be submitted to the court.
6 (c) Review by court.--The court shall review the
7 reapportionment plan and either accept the reapportionment plan
8 and dismiss the petition or reject the reapportionment plan and
9 return it to the governing body for correction and resubmission
10 to the court.
11 (d) Commissioners.--If the court sets the reapportionment
12 aside, the court may appoint three impartial persons as
13 commissioners, who shall receive such compensation for their
14 services as the court shall fix. The commissioners or any two of
15 them shall make a report to the court within such time as the
16 court shall direct, and shall include with it a plot showing the
17 boundaries of the present municipal districts and a plot showing
18 the municipal districts as proposed by them, along with
19 pertinent information relating to population and area of the
20 proposed municipal districts.
21 (e) Confirmation and decree.--Upon presentation, the court
22 shall confirm the report nisi, and shall direct that notice of
23 the filing of the report shall be given by publication once in a
24 newspaper of general circulation stating that exceptions may be
25 filed to the report within 30 days after it was filed. If no
26 exceptions are filed, or if the court dismisses the exceptions,
27 the court shall confirm the report absolutely and issue a
28 decree. The court in its decree shall designate a number for
29 each of the municipal districts of the municipality.
30 (f) Costs and expenses.--All costs and expenses incurred in
19870H0884B0965 - 385 -
1 a proceeding described in this section shall be paid by the
2 municipality or the petitioners as the court shall direct; but,
3 if the court reapportions the municipality, the costs and
4 expenses shall be paid by the municipality. The petitioners may
5 be required to post a bond set by the court to secure the
6 payment of costs and expenses.
7 § 4355. Members of governing body.
8 The members of the governing body of the municipality in
9 office at the time of the reapportionment shall retain their
10 offices until the end of their term.
11 Section 2. (a) The following acts and parts of acts are
12 repealed:
13 Section 15 of the act of April 1, 1834 (P.L.163, No.98),
14 entitled "An act to provide for the Incorporation of Boroughs."
15 Section 5 of the act of April 11, 1848 (P.L.476, No.344),
16 entitled "An act fixing the place of holding elections in Piney
17 township, and regulating the boundaries of Toby township
18 election district, in the county of Clarion, and also regulating
19 certain other election districts."
20 Sections 14, 15, 16, 17, 18 and 19 of the act of April 3,
21 1851 (P.L.320, No.218), entitled "An act regulating boroughs."
22 Section 6 of the act of April 28, 1851 (P.L.724, No.378),
23 entitled "An act regulating the elections in the city and
24 incorporated district of the county of Philadelphia, to
25 incorporate the Jefferson Railroad Company, relative to certain
26 election districts in Montour County, to the continuance fees of
27 prothonotaries in Bradford and Susquehanna counties, to road
28 damages in Monyamensing, to the Germantown Water Company, to the
29 Philadelphia police district, to the school district of
30 Monongahela City, and to the half-pilotage law."
19870H0884B0965 - 386 -
1 Section 2 of the act of April 21, 1855 (P.L.264, No.281),
2 entitled "A supplement to the act Consolidating the city of
3 Philadelphia."
4 Section 31 of the act of May 13, 1856 (P.L.567, No.587),
5 entitled "A further supplement to the act consolidating the city
6 of Philadelphia."
7 Sections 11 and 12 of the act of May 1, 1861 (P.L.575,
8 No.532), entitled "An act supplemental to an act to consolidate
9 the city of Philadelphia, passed the second day of February, one
10 thousand eight hundred and fifty-four, and to prevent Frauds at
11 Elections."
12 Act of April 17, 1866 (P.L.969, No.939), entitled "An act to
13 prevent frauds at elections, in the city of Philadelphia."
14 Act of April 10, 1867 (P.L.1129, No.1070), entitled "An act
15 to prohibit political processions after dark, ten days next
16 preceding any general election, in the city of Philadelphia."
17 Act of April 17, 1869 (P.L.49, No.38), entitled "An act
18 further supplemental to the act relative to the elections of
19 this Commonwealth."
20 Act of March 24, 1877 (P.L.36, No.30), entitled "An act to
21 prohibit sheriffs in counties co-extensive in boundaries with
22 cities of the first class from appointing any deputies to be
23 present at any election polls."
24 Act of June 16, 1891 (P.L.298, No.227), entitled "An act to
25 authorize the election of assistant assessor, for the purpose of
26 registration of voters, in the townships and boroughs containing
27 more than one election district wherein but one assessor for
28 valuation resides."
29 Act of June 12, 1893 (P.L.455, No.324), entitled "An act
30 entitled 'A further supplement to the act regulating elections
19870H0884B0965 - 387 -
1 in this Commonwealth', approved the thirtieth day of January,
2 Anno Domini one thousand eight hundred and seventy-four, as
3 amended by the act of May twenty-ninth, one thousand eight
4 hundred and ninety-one, fixing the place at which the assessors
5 shall sit to perform the duties imposed upon them by the second
6 section of the said supplement of May twenty-ninth, one thousand
7 eight hundred and ninety-one, in all voting districts or
8 precincts in this Commonwealth where temporary voting places are
9 or may be established."
10 Act of June 3, 1907 (P.L.394, No.285), entitled "An act
11 supplementary to an act, entitled 'An act to provide for the
12 personal registration of electors in cities of the first and
13 second classes of this Commonwealth, to make such registration a
14 condition of the right to vote in such cities, and to provide
15 penalties for the violations of its provisions,' approved the
16 seventeenth day of February, Anno Domini one thousand nine
17 hundred and six; providing for the continuance in office of the
18 registration commissioners of consolidated cities."
19 Act of June 14, 1911 (P.L.926, No.727), entitled "An act to
20 provide for the issuing of certificates of election to Senators
21 and Representatives in the General Assembly of Pennsylvania;
22 authorizing the proper officers of the Senate and House of
23 Representatives to procure seals; and making an appropriation
24 therefor."
25 Act of July 25, 1913 (P.L.1043, No.472), entitled "An act to
26 provide for the registration and enrollment of the voters of the
27 State according to their respective party preferences; fixing
28 the compensation of assessors and registry assessors for making
29 said registration and enrollment; and prescribing penalties for
30 false registration or enrollment, and for voters voting or
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1 attempting to vote, and for election officers wilfully
2 permitting or conspiring to permit them to vote, at a primary,
3 by or on any other than their own party ticket."
4 Act of July 21, 1919 (P.L.1065, No.432), entitled "A further
5 supplement to an act, approved the twenty-fourth day of July,
6 one thousand nine hundred thirteen (Pamphlet Laws, nine hundred
7 seventy-seven), entitled 'An act to provide for the personal
8 registration of electors, and their enrollment as members of
9 political parties, in cities of the first and second classes of
10 this Commonwealth; to make such registration a condition of the
11 right to vote in such cities, and their said enrollment as
12 members of a political party a condition of the right to vote at
13 primaries in said cities; and providing for the payment of
14 witness fees for persons summoned before the commissioners; to
15 provide penalties for violations of its provisions; and to
16 repeal acts inconsistent herewith.'"
17 Act of May 10, 1921 (P.L.449, No.217), entitled "An act to
18 fix the number of Senators in the General Assembly of the State;
19 to apportion the State into senatorial districts, as provided by
20 the Constitution; and to regulate the election of, and the terms
21 of office of, the present and future elected Senators."
22 Act of May 13, 1925 (P.L.663, No.355), entitled "An act
23 providing for the enumeration of registered persons in the
24 Commonwealth, and the publication of a tabulation thereof by the
25 Secretary of the Commonwealth; and imposing certain duties upon
26 registrars, assessors, registry assessors, and county
27 commissioners."
28 Act of May 11, 1927 (P.L.972, No.463), entitled "An act
29 regulating the registration and enrollment of voters in boroughs
30 and townships before the primary election."
19870H0884B0965 - 389 -
1 Act of May 22, 1933 (P.L.837, No.145), entitled "An act to
2 abolish the December assessment and registration of voters, and
3 repealing inconsistent legislation."
4 Act of March 30, 1937 (P.L.115, No.40), known as The First
5 Class City Permanent Registration Act.
6 Act of April 29, 1937 (P.L.487, No.115), known as The
7 Permanent Registration Act for Cities of the Second Class,
8 Cities of the Second Class A, Cities of the Third Class,
9 Boroughs, Towns, and Townships.
10 Except for Article XVIII-A (relating to congressional
11 districts), act of June 3, 1937 (P.L.1333, No.320), known as the
12 Pennsylvania Election Code.
13 Act of April 11, 1949 (P.L.432, No.64), entitled "An act
14 validating special, primary, municipal and general elections,
15 when errors or omissions have been made in the preliminary
16 requirements therefor or the conduct thereof. Provided, no
17 action, contest or suit has been instituted within one year from
18 the date of any such election, or other proceeding involving
19 fraud or error instituted or pending."
20 Act of December 13, 1974 (P.L.947, No.312), known as the
21 Municipal Reapportionment Act.
22 As much of section 2(a) of the act of April 28, 1978
23 (P.L.202, No.53), known as the Judiciary Act Repealer Act, as
24 relates to the act of June 3, 1937 (P.L.1333, No.320), known as
25 the Pennsylvania Election Code, as reads as follows "When an
26 appellate court has decided the questions involved in a
27 nomination or election contest for the office of judge of a
28 court, the appellate court shall thereupon proceed to decide and
29 declare which of the candidates voted for received the greatest
30 number of legal votes and is entitled to the nomination or
19870H0884B0965 - 390 -
1 office, and shall cause its decision to be certified to the
2 Secretary of the Commonwealth, whereupon, the person who, by the
3 decision of the appellate court, shall appear to have received
4 the largest number of legal votes, shall be declared nominated
5 or shall be declared entitled to the office, and be commissioned
6 accordingly."
7 (b) All other acts and parts of acts are repealed insofar as
8 they are inconsistent with this act.
9 Section 3. This act shall take effect January 1, 1988.
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