PRINTER'S NO. 3624
No. 2462 Session of 2008
INTRODUCED BY KING, CONKLIN, LENTZ, MANDERINO, CARROLL,
BENNINGTON, LONGIETTI, NICKOL, SHIMKUS, J. WHITE AND GIBBONS,
APRIL 15, 2008
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 15, 2008
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," further providing for qualifications of electors
12 at primaries, for primary voting and party officers and for
13 voting procedure.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Sections 702 and 802 of the act of June 3, 1937
17 (P.L.1333, No.320), known as the Pennsylvania Election Code, are
18 amended to read:
19 Section 702. Qualifications of Electors at Primaries.--The
20 qualifications of electors entitled to vote at primaries shall
21 be the same as the qualifications of electors entitled to vote
22 at elections within the election district where the primary is
23 held[, provided that no elector who is not registered and
1 enrolled as a member of a political party, in accordance with
2 the provisions of this act, shall be permitted to vote the
3 ballot of such party or any other party ballot at any primary].
4 Section 802. Only Enrolled Electors to Vote at Primaries or
5 Hold Party Offices.--No person who is not registered and
6 enrolled as a member of a political party shall be entitled [to
7 vote at any primary of such party or] to be elected or serve as
8 a party officer, or a member or officer of any party committee,
9 or delegate or alternate delegate to any party convention.
10 Section 2. Section 902 of the act, amended May 23, 1949
11 (P.L.1656, No.504), is amended to read:
12 Section 902. Candidates to Be Nominated and Party Officers
13 to Be Elected at Primaries.--All candidates of political
14 parties, as defined in section 801 of this act, for the offices
15 of United States Senator, Representative in Congress and for all
16 other elective public offices within this State, except that of
17 presidential electors, shall be nominated, and party delegates
18 and alternate delegates, committeemen and officers who, under
19 the provisions of Article VIII of this act or under the party
20 rules, are required to be elected by the party electors, shall
21 be elected at primaries held in accordance with the provisions
22 of this act, except as otherwise provided in this act. In the
23 years when candidates for the office of President of the United
24 States are to be nominated, every registered [and enrolled]
25 member of a political party shall have the opportunity at the
26 Spring primary in such years to vote [his] a preference for one
27 person to be the candidate of [his] a political party for
28 President.
29 Section 3. Section 1210(d) of the act, amended October 8,
30 2004 (P.L.807, No.97), is amended to read:
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1 Section 1210. Manner of Applying to Vote; Persons Entitled
2 to Vote; Voter's Certificates; Entries to Be Made in District
3 Register; Numbered Lists of Voters; Challenges.--* * *
4 (d) No person, except a qualified elector who is in actual
5 military or naval service under a requisition of the President
6 of the United States or by the authority of this Commonwealth,
7 and who votes under the provisions of Article XIII of this act,
8 shall be entitled or permitted to vote at any primary or
9 election at any polling place outside the election district in
10 which [he] the person resides, nor shall [he] the person be
11 permitted to vote in the election district in which [he] the
12 person resides, unless [he] the person has been personally
13 registered as an elector and [his] the person's registration
14 card appears in the district register of such election district,
15 except by order of the court of common pleas as provided in this
16 act, and any person, although personally registered as an
17 elector, may be challenged by any qualified elector, election
18 officer, overseer, or watcher at any primary or election as to
19 [his] identity, as to [his] continued residence in the election
20 district or as to any alleged violation of the provisions of
21 this section [1210 of this act], and if challenged as to
22 identity or residence, [he] the person shall produce at least
23 one qualified elector of the election district as a witness, who
24 shall make affidavit of his identity or continued residence in
25 the election district: Provided, however, That no person shall
26 be entitled to vote as a member of a party at any primary,
27 unless [he] the person is:
28 (1) registered and enrolled as a member of such party
29 upon the district register, which enrollment shall be
30 conclusive as to [his] party membership and shall not be
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1 subject to challenge on the day of the primary[.]; or
2 (2) registered as an independent or nonparty voter, in
3 which case the person may vote for the candidates of the
4 party of the voter's choice, the choice to be made at the
5 polling place on the day of the primary election. The voter's
6 choice of parties at one primary election shall not preclude
7 the voter from choosing a different party at a subsequent
8 primary election.
9 * * *
10 Section 4. The amendment of sections 702, 802 and 1210(d) of
11 the act shall apply to primary elections which take place after
12 December 31, 2008.
13 Section 5. This act shall take effect in 60 days.
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