PRINTER'S NO. 349
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
192
Session of
2015
INTRODUCED BY TEPLITZ, BLAKE AND BOSCOLA, FEBRUARY 11, 2015
REFERRED TO STATE GOVERNMENT, FEBRUARY 11, 2015
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 qualifications of electors, further providing
for qualifications of electors at primaries; in party
organization, further providing for only enrolled electors to
vote at primaries or hold party offices; and, in nomination
of candidates, providing for procedure for unenrolled
electors to cast primary ballots.
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
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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] elector 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.
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Section 3. The act is amended by adding sections to read:
Section 902.1. Procedure for Unenrolled Electors to Cast
Primary Ballots.--If a person is not enrolled in a political
party, the elections officer shall ask the person in which
political party's primary that person desires to vote, and the
elections officer upon reply shall record the voter's selection
upon the voter's certificate and for the purpose of that ballot
shall be enrolled in that party. The person shall remain
unenrolled for party designation unless the person completes a
declaration of enrollment as described in section 902.2.
Section 902.2. Form of Declaration of Party Enrollment.--If
after a person has cast a political party ballot, as prescribed
in section 902.1, and the person wishes to remain enrolled in
that party, the person shall complete a declaration of
enrollment which shall be made available within the polling
place and shall be in a form approved by the Secretary of the
Commonwealth substantially as follows:
Declaration of Enrollment
Name
(Print)
Date
Address
I hereby request that my political party enrollment be as
follows:
Party
Signed under penalty of perjury.
(Signature)
The elections officer shall then include the person's
declaration of enrollment with the voter's certificate and
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insert both into the voting check list as provided for in
section 1212. Once processed, the county board shall then send a
new certificate of registration, with the declared party
enrollment listed, to the person requesting enrollment.
Section 4. Section 1212 of the act is amended to read:
Section 1212. Voting Check List.--After each elector has
been admitted to vote, [his] the voter's certificate of each
elector and, where applicable, the declaration of enrollment of
each elector shall be inserted in the file or binder provided
therefor by the county board, and known as the "Voting Check
List," and the said voter's certificate so bound shall
constitute the official list of electors voting at such primary
or election. All voter's certificates prepared by persons
applying to vote whose applications to vote are refused by the
election officer shall be carefully preserved and returned to
the county board with the other papers. Within ninety days, the
voting check list shall be reviewed by the county board and all
persons wishing to be enrolled in a party, as prescribed in
sections 902.1 and 902.2, shall be processed accordingly.
Section 5. This act shall take effect immediately.
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