AN ACT

 

1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled 
2"An act concerning elections, including general, municipal, 
3special and primary elections, the nomination of candidates, 
4primary and election expenses and election contests; creating 
5and defining membership of county boards of elections; 
6imposing duties upon the Secretary of the Commonwealth, 
7courts, county boards of elections, county commissioners; 
8imposing penalties for violation of the act, and codifying, 
9revising and consolidating the laws relating thereto; and 
10repealing certain acts and parts of acts relating to 
11elections," setting forth a concise statement of voter's 
12rights; requiring that the statement of voter's rights be 
13visible in voter registration offices and polling places; 
14providing for polling place accessibility; further providing 
15for qualifications of electors at primaries and for only 
16enrolled electors to vote at primaries or hold party offices; 
17providing for procedure for unenrolled electors to cast 
18primary ballots and for form of declaration of party 
19enrollment; and further providing for persons entitled to 
20vote and challenges and for voting check lists.

21The General Assembly of the Commonwealth of Pennsylvania
22hereby enacts as follows:

23Section 1. The act of June 3, 1937 (P.L.1333, No.320), known 
24as the Pennsylvania Election Code, is amended by adding a 
25section to read:

26Section 107. Voter's Bill of Rights.--(a) The following

1rights are guaranteed to all registered voters in this
2Commonwealth:

3(1) A voter who is in line at the correct polling place
4during the hours it is required by law to be open may vote, even
5if the voter's turn to vote does not come until after those
6hours expire.

7(2) If a voter has moved from the voter's original polling
8district to another, the voter may return to the original
9polling district to vote for as long as the voter remains
10qualified there. To be eligible to vote in the new polling
11district, the voter must either file a notice of removal with
12the voting registrar or register anew.

13(3) A voter who has a physical disability or who cannot read
14or write may apply to the voting registrar for a special needs
15ballot, but this must be done at least ten days before the
16election.

17(4) A voter may take his children who are not yet eighteen
18years of age into the voting booth with him.

19(5) A voter has the right to vote without being intimidated
20or forced to vote for someone the voter does not wish to vote
21for.

22(6) A voter who believes that any of the voter's rights
23under this act have been violated may call the voter's local law
24enforcement officers.

25(b) A listing of the rights set forth under subsection (a)
26shall be posted publicly in each voter registration office and,
27on election days, polling place.

28Section 2. Section 527(a) of the act, amended May 12, 2006 
29(P.L.178, No.45), is amended to read:

30Section 527. Public Buildings to Be Used Where Possible;

1Portable Polling Places.--(a) In selecting polling places, the
2county board of elections shall, wherever possible and
3practicable, select schoolhouses, municipal buildings or rooms,
4or other public buildings for that purpose and shall ensure that 
5the places selected are accessible by persons with physical 
6disabilities. Any board of public education or school directors,
7or county or the municipal authorities shall, upon request of
8the county board, make arrangements for the use of school
9property, or of county or municipal property for polling places.
10In selecting polling places, the county board of elections shall
11make every effort to select polling places that provide all
12electors with an environment that is free from intimidation and
13violence.

14In the event no available public building as contemplated
15under this section is situated within the boundaries of any
16election district, the county board of elections may, not less
17than twenty days prior to any election, designate as the polling
18place for such election district any such public building
19situated in another election district within the same or
20immediately adjacent ward, or, if there are no wards, then
21within the same borough or township as the case may be, provided
22such other building is located in an election district which is
23immediately adjacent to the boundary of the election district
24for which it is to be the polling place and is directly
25accessible therefrom by public street or thoroughfare. Two or
26more polling places may be located in the same public building
27under this section. A polling place may be selected and
28designated hereunder less than twenty days prior to any
29election, with the approval of a court of competent
30jurisdiction.

1* * *

2Section 3. Sections 702 and 802 of the act are amended to
3read:

4Section 702. Qualifications of Electors at Primaries.--The
5qualifications of electors entitled to vote at primaries shall
6be the same as the qualifications of electors entitled to vote
7at elections within the election district where the primary is
8held, provided that no elector who is not registered [and
9enrolled as a member of a political party], in accordance with
10the provisions of this act, shall be permitted to vote the
11ballot of [such party or] any [other] party [ballot] at any
12primary.

13Section 802. Only Enrolled Electors to Vote at Primaries or
14Hold Party Offices.--No person who is not registered and
15enrolled as a member of a political party shall be entitled to
16[vote at any primary of such party or to] be elected or serve as
17a party officer, or a member or officer of any party committee,
18or delegate or alternate delegate to any party convention.

19Section 4. Section 902 of the act, amended May 23, 1949 
20(P.L.1656, No.504), is amended to read:

21Section 902. Candidates to Be Nominated and Party Officers
22to Be Elected at Primaries.--All candidates of political
23parties, as defined in section 801 of this act, for the offices
24of United States Senator, Representative in Congress and for all
25other elective public offices within this State, except that of
26presidential electors, shall be nominated, and party delegates
27and alternate delegates, committeemen and officers who, under
28the provisions of Article VIII of this act or under the party
29rules, are required to be elected by the party electors, shall
30be elected at primaries held in accordance with the provisions

1of this act, except as otherwise provided in this act. In the
2years when candidates for the office of President of the United
3States are to be nominated, every registered [and enrolled
4member of a political party] elector shall have the opportunity
5at the Spring primary in such years to vote [his] a preference
6for one person to be the candidate of [his] a political party
7for President.

8Section 5. The act is amended by adding sections to read:

9Section 902.1. Procedure for Unenrolled Electors to Cast
10Primary Ballots.--If a person is not enrolled in a political
11party, the elections officer shall ask the person in which
12political party's primary that person desires to vote, and the
13elections officer upon reply shall record the voter's selection
14upon the voter's certificate and for the purpose of that ballot
15shall be enrolled in that party. The person shall remain
16unenrolled for party designation unless the person completes a
17declaration of enrollment as described in section 902.2.

18Section 902.2. Form of Declaration of Party Enrollment.--If
19after a person has cast a political party ballot, as prescribed
20in section 902.1, and the person wishes to remain enrolled in
21that party, the person shall complete a declaration of
22enrollment which shall be made available within the polling
23place and shall be in a form approved by the Secretary of the
24Commonwealth substantially as follows:

25Declaration of Enrollment

26Name .............................

27(Print)

28Date .............................

29Address ..........................

30I hereby request that my political party enrollment be as 

1follows:

2Party ......................

3Signed under penalty of perjury.

4..................................

5(Signature)

6The elections officer shall then include the person's
7declaration of enrollment with the voter's certificate and
8insert both into the voting check list as provided for in
9section 1212. Once processed, the county board shall then send a
10new certificate of registration, with the declared party
11enrollment listed, to the person requesting enrollment.

12Section 6. Section 1210(d) of the act, amended October 8, 
132004 (P.L.807, No.97), is amended to read:

14Section 1210. Manner of Applying to Vote; Persons Entitled
15to Vote; Voter's Certificates; Entries to Be Made in District
16Register; Numbered Lists of Voters; Challenges.--* * *

17(d) No person, except a qualified elector who is in actual
18military or naval service under a requisition of the President
19of the United States or by the authority of this Commonwealth,
20and who votes under the provisions of Article XIII of this act,
21shall be entitled or permitted to vote at any primary or
22election at any polling place outside the election district in
23which [he] the person resides, nor shall [he] the person be
24permitted to vote in the election district in which [he] the 
25person resides, unless [he] the person has been personally
26registered as an elector and [his] the person's registration
27card appears in the district register of such election district,
28except by order of the court of common pleas as provided in this
29act, and any person, although personally registered as an
30elector, may be challenged by any qualified elector, election

1officer, overseer, or watcher at any primary or election as to
2[his] identity, as to [his] continued residence in the election
3district or as to any alleged violation of the provisions of
4section 1210 of this act, and if challenged as to identity or
5residence, [he] the person shall produce at least one qualified
6elector of the election district as a witness, who shall make
7affidavit of his identity or continued residence in the election
8district: Provided, however, That no person shall be entitled to
9vote as a member of a party at any primary, unless [he] the 
10person is:

11(1) registered and enrolled as a member of such party upon
12the district register, which enrollment shall be conclusive as
13to [his] party membership and shall not be subject to challenge
14on the day of the primary[.]; or

15(2) registered as an independent or nonparty voter, in which
16case the person may vote for the candidates of the party of the
17voter's choice, the choice to be made at the polling place on
18the day of the primary election. The voter's choice of parties
19at one primary election shall not preclude the voter from
20choosing a different party at a subsequent primary election.

21Section 7. Section 1212 of the act is amended to read:

22Section 1212. Voting Check List.--After each elector has
23been admitted to vote, [his] each voter's certificate and, where 
24applicable, each declaration of enrollment shall be inserted in
25the file or binder provided therefor by the county board, and
26known as the "Voting Check List," and the [said] voter's
27certificate and declaration of enrollment so bound shall
28constitute the official list of electors voting at such primary
29or election. All voter's certificates prepared by persons
30applying to vote whose applications to vote are refused by the

1election officer shall be carefully preserved and returned to
2the county board with the other papers. Within ninety days of 
3such return, the voting check list shall be reviewed by the 
4county board and all persons wishing to be enrolled in a party, 
5as prescribed in sections 902.1 and 902.2, shall be processed 
6accordingly.

7Section 8. This act shall take effect immediately.