THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DePASQUALE, CALTAGIRONE, CARROLL, GIBBONS, KAVULICH, REED, REICHLEY, SANTARSIERO AND CONKLIN, MARCH 9, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 9, 2011  

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," further providing for qualifications of electors

at primaries, for primary voting and party officers and for

voting procedure.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 702 and 802 of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code, are

amended to read:

Section 702.  Qualifications of Electors at Primaries.--The

qualifications of electors entitled to vote at primaries shall

be the same as the qualifications of electors entitled to vote

at elections within the election district where the primary is

held[, provided that no elector who is not registered and

enrolled as a member of a political party, in accordance with

the provisions of this act, shall be permitted to vote the

ballot of such party or any other party ballot at any primary].

Section 802.  Only Enrolled Electors to [Vote at Primaries

or] Hold Party Offices.--No person who is not registered and

enrolled as a member of a political party shall be entitled [to

vote at any primary of such party or] to be elected or serve as

a party officer, or a member or officer of any party committee,

or delegate or alternate delegate to any party convention.

Section 2.  Section 902 of the act, amended May 23, 1949

(P.L.1656, No.504), is amended to read:

Section 902.  Candidates to Be Nominated and Party Officers

to Be Elected at Primaries.--All candidates of political

parties, as defined in section 801 of this act, for the offices

of United States Senator, Representative in Congress and for all

other elective public offices within this State, except that of

presidential electors, shall be nominated, and party delegates

and alternate delegates, committeemen and officers who, under

the provisions of Article VIII of this act or under the party

rules, are required to be elected by the party electors, shall

be elected at primaries held in accordance with the provisions

of this act, except as otherwise provided in this act. In the

years when candidates for the office of President of the United

States are to be nominated, every registered [and enrolled]

member of a political party shall have the opportunity at the

Spring primary in such years to vote [his] a preference for one

person to be the candidate of [his] a political party for

President.

Section 3.  Section 1210(d) of the act, amended October 8,

2004 (P.L.807, No.97), is amended to read:

Section 1210.  Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

Register; Numbered Lists of Voters; Challenges.--* * *

(d)  No person, except a qualified elector who is in actual

military or naval service under a requisition of the President

of the United States or by the authority of this Commonwealth,

and who votes under the provisions of Article XIII of this act,

shall be entitled or permitted to vote at any primary or

election at any polling place outside the election district in

which [he] the person resides, nor shall [he] the person be

permitted to vote in the election district in which [he] the

person resides, unless [he] the person has been personally

registered as an elector and [his] the person's registration

card appears in the district register of such election district,

except by order of the court of common pleas as provided in this

act, and any person, although personally registered as an

elector, may be challenged by any qualified elector, election

officer, overseer, or watcher at any primary or election as to

[his] identity, as to [his] continued residence in the election

district or as to any alleged violation of the provisions of

this section [1210 of this act], and if challenged as to

identity or residence, [he] the person shall produce at least

one qualified elector of the election district as a witness, who

shall make affidavit of [his] identity or continued residence in

the election district: Provided, however, That no person shall

be entitled to vote as a member of a party at any primary,

unless [he] the person is:

(1)  registered and enrolled as a member of such party upon

the district register, which enrollment shall be conclusive as

to [his] party membership and shall not be subject to challenge

on the day of the primary[.] ; or

(2)  registered as an independent or nonparty voter, in which

case the person may vote for the candidates of the party of the

voter's choice, the choice to be made at the polling place on

the day of the primary election. The voter's choice of parties

at one primary election shall not preclude the voter from

choosing a different party at a subsequent primary election.

* * *

Section 4.  This act shall apply to primary elections which

take place after December 31, 2011.

Section 5.  This act shall take effect immediately.