THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PILEGGI, SCARNATI, FOLMER, CORMAN, RAFFERTY, PICCOLA, ORIE, MENSCH, M. WHITE, WARD, D. WHITE, SMUCKER AND VANCE, SEPTEMBER 30, 2011

REFERRED TO STATE GOVERNMENT, SEPTEMBER 30, 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," in nomination of candidates, further providing

for presidential electors, selection by nominees,

certification and vacancies; in ballots, further providing

for form of official election ballot; in electronic voting

systems, further providing for requirements of electronic

voting systems and for election day procedures and the

process of voting; in preparation for and conduct of

primaries and elections, further providing for method of

marking ballots and depositing same in districts in which

ballots are used, for instructions of voters and manner of

voting in districts in which voting machines are used and for

what ballots shall be counted, manner of counting and

defective ballots; and in electoral college, further

providing for election of presidential electors, for meeting

of electors and duties and for filling of vacancies existing

in presidential electors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 918 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, is amended to

read:

Section 918.  Presidential Electors; Selection by Nominees;

Certification; Vacancies.--(a)  The nominee of each political

party for the office of President of the United States shall,

within thirty days after his nomination by the National

convention of such party, nominate as many persons to be the

candidates of his party for the office of presidential elector

as the State is then entitled to. If for any reason the nominee

of any political party for President of the United States fails

or is unable to make the said nominations within the time herein

provided, then the nominee for such party for the office of

Vice-President of the United States shall, as soon as may be

possible after the expiration of thirty days, make the

nominations.

(b)  In making nominations of candidates of his party for the

office of presidential elector, the nominee for President of the

United States or Vice-President of the United States, as the

case may be, shall designate two nominees as candidates of the

political party for election by the electors of the entire state

as presidential electors at large, and he shall designate one

nominee from each congressional district of the Commonwealth as

the candidate of the political party for election by the

electors of that congressional district.

(c)  The names of such nominees, with their residences and

post-office addresses, shall be certified immediately to the

Secretary of the Commonwealth by the nominee for the office of

President or Vice-President, as the case may be, making the

nominations.

(d)  Vacancies existing after the date of nomination of

presidential electors shall be filled by the nominee for the

office of President or Vice-President making the original

nomination. Nominations made to fill vacancies shall be

certified to the Secretary of the Commonwealth in the manner

herein provided for in the case of original nominations.

Section 2.  Section 1003(a), (c) and (e) of the act, amended

April 24, 1947 (P.L.68, No.33) and December 10, 1974 (P.L.835,

No.280), are amended to read:

Section 1003.  Form of Official Election Ballot.--

(a)  The official ballots for general, municipal and special

elections shall be in substantially the following form:

OFFICIAL BALLOT

....................... District, ........................ Ward,

City of ........................, County of ...................,

State of Pennsylvania ..........................................

Election held on the .......... day of ................, 19.....

A cross (X) or check ( ) mark in the square opposite the name of

any candidate indicates a vote for that candidate.

To vote a straight party ticket, mark a cross (X) or check

( ) in the square, in the Party Column, opposite the name of the

party of your choice. To vote for an individual candidate of

another party after making a mark in the party square, mark a

cross (X) or check ( ) opposite his name. For an office where

more than one candidate is to be voted for, the voter, after

marking in the party square, may divide his vote by marking a

cross (X) or check ( ) to the right of each candidate for whom

he or she desires to vote. For such office votes shall not be

counted for candidates not individually marked.

To vote for a person whose name is not on the ballot, write,

print or paste his name in the blank space provided for that

purpose. A cross (X) or check ( ) mark in the square opposite

the names of the candidates of any party for President and Vice-

President of the United States indicates a vote for all [the] of

those candidates of that party for presidential elector, that

are to be voted upon by voters in your congressional district.

To vote for individual candidates for presidential elector,

write, print or paste their names in the blank spaces provided

for that purpose under the title "Presidential Electors." Mark

ballot only in black lead pencil, indelible pencil or blue,

black or blue-black ink, in fountain pen or ball point pen; use

the same pencil or pen for all markings you place on the ballot.

Before leaving the voting compartment, fold this ballot,

without displaying the markings thereon, in the same way it was

folded when received, then leave the compartment and exhibit the

ballot to one of the election officers who shall ascertain by an

inspection of the number appearing upon the right hand corner of

the back of the ballot whether the ballot so exhibited to him is

the same ballot which the elector received before entering the

voting compartment. If it is the same, the election officer

shall direct the elector, without unfolding the ballot, to

remove the perforated corner containing the number, and the

elector shall immediately deposit the ballot in the ballot box.

Any ballot deposited in a ballot box at any primary or election

without having the said number torn off shall be void and shall

not be counted.

United States Senator.

(Vote for one)

Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

Governor.

(Vote for one)

Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

Representatives in Congress,

....... District.

(Vote for one)

Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

Senator in the General Assembly,

....... District.

(Vote for one)

John Doe ............................................ Democratic

Richard Roe ......................................... Republican

* * *

(c)  When presidential electors are to be elected, their

names shall not be printed upon the ballot, but in lieu thereof,

the names of the candidates of their respective parties or

political bodies for President and Vice-President of the United

States shall be printed together in pairs under the title

"Presidential Electors." All ballots marked for the candidates

for President and Vice-President of a party or political body

shall be counted as votes for each [candidate] of those

candidates for presidential elector of such party or political

body, that are to be voted upon in the congressional district

where the ballots are cast.

* * *

(e)  There shall be left at the end of the group of

candidates for President and Vice-President of the United States

under the title "Presidential Electors," [as many] three blank

spaces [as there are presidential electors to be elected], in

which spaces the elector may insert the names of any individual

candidates for presidential electors for whom he desires to

vote. There shall also be left at the end of each group of

candidates for each other office (or under the title of the

office itself in case no candidates have been nominated

therefor), as many blank spaces as there are persons to be voted

for for such office, in which space the elector may insert the

name of any person or persons whose name is not printed on the

ballot as a candidate for such office.

* * *

Section 3.  Sections 1107-A(3) and 1112-A(a)(4) and (b)(4) of

the act, added July 11, 1980 (P.L.600, No.128), are amended to

read:

Section 1107-A.  Requirements of Electronic Voting Systems.--

No electronic voting system shall, upon any examination or

reexamination, be approved by the Secretary of the Commonwealth,

or by any examiner appointed by him, unless it shall be

established that such system, at the time of such examination or

reexamination:

* * *

(3)  Permits each voter, at other than primary elections, to

vote a straight political party ticket by one mark or act and,

by one mark or act, to vote for all [the] of those candidates of

one political party for presidential electors, that are to be

voted upon in the congressional district where the vote is cast, 

and, by one mark or act, to vote for all the candidates of one

political party for every office to be voted for, and every such

mark or act shall be equivalent to and shall be counted as a

vote for every candidate of the political party so marked

including its candidates for presidential electors, except with

respect to those offices as to which the voter has registered a

vote for individual candidates of the same or another political

party or political body, in which case the automatic tabulating

equipment shall credit the vote for that office only for the

candidate individually so selected, notwithstanding the fact

that the voter may not have individually voted for the full

number of candidates for that office for which he was entitled

to vote.

* * *

Section 1112-A.  Election Day Procedures and the Process of

Voting.--(a)  In an election district which uses an electronic

voting system in which votes are registered electronically, the

following procedures will be applicable for the conduct of the

election at the election district:

* * *

(4)  At any general election at which presidential electors

are to be chosen, each elector shall be permitted to vote by one

operation for all [the] of those presidential electors of a

political party or political body, that are to be voted upon in

the congressional district where the elector casts his ballot.

For each party or body nominating presidential electors, a

ballot label shall be provided containing only the words

"Presidential Electors," preceded by the names of the party or

body and followed by the names of the candidates thereof for the

Office of President and Vice-President, and the corresponding

counter or registering device shall register votes cast for said

electors when thus voted for collectively. If any elector

desires to vote a ticket for presidential electors made up of

the names of persons nominated by different parties or bodies,

or partially of names of persons so in nomination and partially

of names of persons not in nomination by any party or body, he

may write or deposit a paper ballot prepared by himself in the

receptacle provided in or on the voting device for that purpose,

or he may list their names on the write-in ballot or envelope

provided for that purpose. The voting device shall be so

constructed that it will not be possible for any one voter to

vote a straight party ticket for presidential electors and at

the same time to deposit a ballot for presidential electors in a

receptacle as hereinabove provided. When the votes for

presidential electors are counted, the votes appearing upon the

counter or registering device corresponding to the ballot label

containing the names of the candidates for President and Vice-

President of any party or body shall be counted as votes for

each of [the] those candidates for presidential elector of such

party or body, that are to be voted upon in the congressional

district where the votes are cast, and thereupon all such 

candidates for presidential elector shall be credited, in

addition, with the votes cast for them upon the ballots

deposited in the machine, as hereinabove provided.

* * *

(b)  In an election district which uses an electronic voting

system which utilizes paper ballots or ballot cards to register

the votes, the following procedures will be applicable for the

conduct of the election at the election district:

* * *

(4)  If the voter desires to vote for every candidate of a

political party or political body, except its candidates for

offices as to which he votes for individual candidates in the

manner hereinafter provided, he may make a cross (X) or check

( ) or punch or mark sense mark in the square opposite the name

of the party or political body so marked, including its

candidates for presidential electors, except for those offices

as to which he has indicated a choice for individual candidates

of the same or another party or political body, by making a

cross (X) or check ( ) or punch or mark sense mark opposite

their names in the manner hereinabove provided, as to which

offices his ballot shall be counted only for the candidates

which he has thus individually marked, notwithstanding the fact

that he made a mark in the party column, and even though in the

case of an office for which more than one candidate is to be

voted for, he has not individually marked for such office the

full number of candidates for which he is entitled to vote. If

he desires to vote for the entire group of presidential electors

nominated by any party or political body, that are to be voted

upon in his congressional district, he may make a cross (X) or

check ( ) or punch or mark sense mark in the appropriate space

opposite the names of the candidates for President and Vice-

President of such party or body. If he desires to vote a ticket

for presidential electors made up of the names of persons

nominated by different parties or political bodies, or partially

of names of persons so in nomination and partially of names of

persons not in nomination by any party or political body, or

wholly of names of persons not in nomination by any party or

political body, he shall insert the names of the candidates for

presidential electors for whom he desires to vote in the blank

spaces provided therefor on the write-in ballot under the title

of the office "Presidential Electors". In case of a question

submitted to the vote of the electors, he may make a cross (X)

or check ( ) or punch or mark sense mark in the appropriate

square opposite the answer which he desires to give.

* * *

Section 4.  Section 1215(c) of the act, amended January 8,

1960 (1959 P.L.2142, No.790), is amended to read:

Section 1215.  Method of Marking Ballots and Depositing Same

in Districts in Which Ballots are Used.--* * *

(c) At elections, the elector shall prepare his ballot in the

following manner: He may vote for the candidates of his choice

for each office to be filled according to the number of persons

to be voted for by him for each office, by making a cross (X) or

check ( ) mark in the square opposite the name of the candidate,

or he may insert by writing, stamping or sticker, in the blank

spaces provided therefor, any name not already printed on the

ballot, and such insertion shall count as a vote without the

making of a cross (X) or check ( ) mark. If he desires to vote

for every candidate of a political party or political body,

except its candidates for offices as to which he votes for

individual candidates in the manner hereinafter provided, he may

make a cross (X) or check ( ) mark in the square opposite the

name of the party or political body of his choice in the party

column on the left of the ballot, and every such cross (X) or

check ( ) mark shall be equivalent to and be counted as a vote

for every candidate of a party or political body so marked,

including its candidates for presidential electors, that are to

be voted upon in the congressional district where the vote is

cast, except for those offices as to which he has indicated a

choice for individual candidates of the same or another party or

political body, by making a cross (X) or check ( ) mark opposite

their names in the manner hereinabove provided, as to which

offices his ballot shall be counted only for the candidates

which he has thus individually marked, notwithstanding the fact

that he made a mark in the party column, and even though in the

case of an office for which more than one candidate is to be

voted for, he has not individually marked for such office the

full number of candidates for which he is entitled to vote. If

he desires to vote for the entire group of presidential electors

nominated by any party or political body that are to be voted

upon in the congressional district in which he is voting, he may

make a cross (X) or check ( ) mark in the appropriate square at

the right of the names of the candidates for President and Vice-

President of such party or body. If he desires to vote a ticket

for presidential electors made up of the names of persons

nominated by different parties or political bodies, or partially

of names of persons so in nomination and partially of names of

persons not in nomination by any party or political body, or

wholly of names of persons not in nomination by any party or

political body, he shall insert the names of the candidates for

presidential electors for whom he desires to vote in the blank

spaces provided therefor under the title of the office

"Presidential Electors." In case of a question submitted to the

vote of the electors, he may make a cross (X) or check ( ) mark

in the appropriate square opposite the answer which he desires

to give.

* * *

Section 5.  Section 1216(f) of the act is amended to read:

Section 1216.  Instructions of Voters and Manner of Voting in

Districts in Which Voting Machines are Used.--

* * *

(f) At any general election at which presidential electors

are to be chosen, each elector shall be permitted to vote by one

operation for all [the] of those presidential electors of a

political party or political body, that are to be voted upon in

the congressional district where that elector votes. For each

party or body nominating presidential electors, a ballot label

shall be provided containing only the words "Presidential

Electors," preceded by the names of the party or body and

followed by the names of the candidates thereof for the office

of President and Vice-President, and the corresponding counter

or registering device shall register votes cast for said

electors when thus voted for collectively. If an elector desires

to vote a ticket for presidential electors made up of the names

of persons nominated by different parties or bodies, or

partially of names of persons so in nomination and partially of

names of persons not in nomination by any party or body, or

wholly of names of persons not in nomination by any party or

body, he may write or deposit a paper ballot prepared by himself

in the receptacle provided in or on the machine for the purpose.

The machine shall be so constructed that it will not be possible

for any one voter to vote a straight party ticket for

presidential electors and at the same time to deposit a ballot

for presidential electors in a receptacle as hereinabove

provided. When the votes for presidential electors are counted,

the votes appearing upon the counter or registering device

corresponding to the ballot label containing the names of the

candidates for President and Vice-President of any party or body

shall be counted as votes for each of [the] those candidates for

presidential elector of such party or body, that are to be voted

upon in the congressional district where those votes are cast, 

and thereupon all such candidates for presidential elector shall

be credited, in addition, with the votes cast for them upon the

ballots deposited in the machine, as hereinabove provided.

* * *

Section 6.  Section 1223(b) of the act, amended January 8,

1960 (1959 P.L.2142, No.790), is amended to read:

Section 1223.  What Ballots Shall Be Counted; Manner of

Counting; Defective Ballots.--* * *

(b) At November elections, a cross (X) or check ( ) mark in

the square opposite the name of political party or political

body in the party column shall be counted as a vote for every

candidate of that party or body so marked, including those of 

its candidates for presidential electors, that are to be voted

upon in the congressional district where the ballot is cast, 

except for those offices as to which the voter has indicated a

choice for individual candidates of the same or another party or

body in any office block, in which case the ballot for such

office block shall be counted only for the candidates thus

individually marked, notwithstanding the fact that the voter has

made a mark in the party column, and even though in the case of

an office for which more than one candidate is to be voted for,

he has not individually marked for such office the full number

of candidates for which he is entitled to vote.

Section 7.  Sections 1501, 1502 and 1503 of the act are

amended to read:

Section 1501.  Election of Presidential Electors.--At the

general election to be held in the year 1940, and every fourth

year thereafter, there shall be elected by the qualified

electors of the Commonwealth, persons to be known as electors of

President and Vice-President of the United States, and referred

to in this act as presidential electors, equal in number to the

whole number of senators and representatives to which this State

may be entitled in the Congress of the United States. One

presidential elector shall be chosen from each congressional

district, and two presidential electors shall be chosen at

large.

Section 1502.  Meeting of Electors; Duties.--(a)  The

electors chosen, as aforesaid, shall assemble at the seat of

government of this Commonwealth, at 12 o'clock noon of the day

which is, or may be, directed by the Congress of the United

States, and shall then and there perform the duties enjoined

upon them by the Constitution and laws of the United States.

(b)  Each at-large presidential elector shall cast his ballot

for the presidential and vice-presidential candidates who

received the highest number of votes Statewide. Each

presidential elector chosen by the electors of a congressional

district, or a presidential elector elected under section 1503

to fill a vacancy in such office, shall cast his ballot for the

presidential and vice-presidential candidates who received the

highest number of votes in the congressional district.

Section 1503.  Filling of Vacancies Existing in Presidential

Electors.--If any such presidential elector shall die, or for

any cause fail to attend at the seat of government at the time

appointed by law, the presidential electors present, who are of

the same political party as such deceased or absent presidential

elector, shall proceed to choose viva voce a person of the same

political party as such deceased or absent elector, to fill the

vacancy occasioned thereby, and immediately after such choice

the name of the person so chosen shall be transmitted by the

presiding officer of the college to the Governor, who shall

forthwith cause notice in writing to be given to such person of

his election; and the person so elected (and not the person in

whose place he shall have been chosen) shall be an elector and

shall, with the other electors, perform the duties enjoined on

them.

Section 8.  This act shall take effect in 60 days.