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," further providing for primaries.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Sections 702 and 802 of the act of June 3, 1937
15(P.L.1333, No.320), known as the Pennsylvania Election Code, are
16amended to read:

17Section 702. Qualifications of Electors at Primaries.--The
18qualifications of electors entitled to vote at primaries shall
19be the same as the qualifications of electors entitled to vote
20at elections within the election district where the primary is
21held, provided that no elector who is not registered [and
22enrolled as a member of a political party], in accordance with
23the provisions of this act, shall be permitted to vote the

1ballot of [such party or] any [other] party [ballot] at any
2primary.

3Section 802. Only Enrolled Electors to Vote at Primaries or
4Hold Party Offices.--No person who is not registered and
5enrolled as a member of a political party shall be entitled to
6[vote at any primary of such party or to] be elected or serve as
7a party officer, or a member or officer of any party committee,
8or delegate or alternate delegate to any party convention.

9Section 2. Section 902 of the act, amended May 23, 1949
10(P.L.1656, No.504), is amended to read:

11Section 902. Candidates to Be Nominated and Party Officers
12to Be Elected at Primaries.--All candidates of political
13parties, as defined in section 801 of this act, for the offices
14of United States Senator, Representative in Congress and for all
15other elective public offices within this State, except that of
16presidential electors, shall be nominated, and party delegates
17and alternate delegates, committeemen and officers who, under
18the provisions of Article VIII of this act or under the party
19rules, are required to be elected by the party electors, shall
20be elected at primaries held in accordance with the provisions
21of this act, except as otherwise provided in this act. In the
22years when candidates for the office of President of the United
23States are to be nominated, every registered [and enrolled
24member of a political party] elector shall have the opportunity
25at the Spring primary in such years to vote [his] a preference
26for one person to be the candidate of [his] a political party
27for President.

28Section 3. The act is amended by adding sections to read:

29Section 902.1. Procedure for Unenrolled Electors to Cast
30Primary Ballots.--If a person is not enrolled in a political

1party, the elections officer shall ask the person in which
2political party's primary that person desires to vote, and the
3elections officer upon reply shall record the voter's selection
4upon the voter's certificate and for the purpose of that ballot
5shall be enrolled in that party. The person shall remain
6unenrolled for party designation unless the person completes a
7declaration of enrollment as described in section 902.2.

8Section 902.2. Form of Declaration of Party Enrollment.--If
9after a person has cast a political party ballot, as prescribed
10in section 902.1, and the person wishes to remain enrolled in
11that party, the person shall complete a declaration of
12enrollment which shall be made available within the polling
13place and shall be in a form approved by the Secretary of the
14Commonwealth substantially as follows:

15Declaration of Enrollment

16Name .............................

17(Print)

18Date .............................

19Address ..........................

20I hereby request that my political party enrollment be as 
21follows:

22Party ......................

23Signed under penalty of perjury.

24..................................

25(Signature)

26The elections officer shall then include the person's
27declaration of enrollment with the voter's certificate and
28insert both into the voting check list as provided for in
29section 1212. Once processed, the county board shall then send a
30new certificate of registration, with the declared party

1enrollment listed, to the person requesting enrollment.

2Section 4. Section 1212 of the act is amended to read:

3Section 1212. Voting Check List.--After each elector has
4been admitted to vote, [his] the voter's certificate of each 
5elector and, where applicable, the declaration of enrollment of 
6each elector shall be inserted in the file or binder provided
7therefor by the county board, and known as the "Voting Check
8List," and the said voter's certificate so bound shall
9constitute the official list of electors voting at such primary
10or election. All voter's certificates prepared by persons
11applying to vote whose applications to vote are refused by the
12election officer shall be carefully preserved and returned to
13the county board with the other papers. Within ninety days, the 
14voting check list shall be reviewed by the county board and all 
15persons wishing to be enrolled in a party, as prescribed in 
16sections 902.1 and 902.2, shall be processed accordingly.

17Section 5. This act shall take effect immediately.