Regular Session 2019-2020 House Bill 0227 P.N. 2925

SENATE AMENDED

PRIOR PRINTER'S NO. 197

PRINTER'S NO. 2925

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

227

Session of

2019

INTRODUCED BY GABLER, CALTAGIRONE, CIRESI, DUSH, FREEMAN, JAMES,

KORTZ, MILLARD, WEBSTER, FRITZ AND GILLEN, JANUARY 28, 2019

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 19, 2019

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 number of signers required for nomination petitions of

candidates at primaries.; IN BALLOTS, FURTHER PROVIDING FOR

FORM OF BALLOTS, PRINTING BALLOTS, STUBS AND NUMBERS, FOR

NUMBER OF BALLOTS TO BE PRINTED AND SPECIMEN BALLOTS AND FOR

RECORD OF BALLOTS TO BE KEPT; IN ELECTRONIC VOTING SYSTEMS,

FURTHER PROVIDING FOR FORMS, FOR SUPPLIES, PREPARATION OF

THE VOTING SYSTEM AND OF POLLING PLACES, FOR ELECTION DAY

PROCEDURES AND THE PROCESS OF VOTING AND FOR POST ELECTION

PROCEDURES; IN PREPARATION FOR AND CONDUCT OF PRIMARIES AND

ELECTIONS, FURTHER PROVIDING FOR VOTER'S CERTIFICATES, FOR

MANNER OF APPLYING TO VOTE, PERSONS ENTITLED TO VOTE, VOTER'S

CERTIFICATES, ENTRIES TO BE MADE IN DISTRICT REGISTER,

NUMBERED LISTS OF VOTERS AND CHALLENGES, FOR ADMISSION OF

ELECTORS WITHIN ENCLOSED SPACE, FOR BALLOTS TO BE ISSUED BY

ELECTION OFFICERS ONLY, BALLOTS NOT TO BE REMOVED AND

OFFICIAL BALLOTS ONLY TO BE DEPOSITED OR COUNTED AND FOR

DUTIES OF ELECTION OFFICERS AFTER THE CLOSE OF THE POLLS IN

DISTRICTS IN WHICH BALLOTS ARE USED; IN VOTING BY QUALIFIED

ABSENTEE ELECTORS, FURTHER PROVIDING FOR OFFICIAL ABSENTEE

VOTERS BALLOTS; IN VOTING BY QUALIFIED MAIL-IN ELECTORS,

FURTHER PROVIDING FOR OFFICIAL MAIL-IN ELECTOR BALLOTS; AND,

IN RETURNS OF PRIMARIES AND ELECTIONS, FURTHER PROVIDING FOR

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COMPUTATION OF RETURNS BY COUNTY BOARD, CERTIFICATION AND

ISSUANCE OF CERTIFICATES OF ELECTION.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 912.1 of the act of June 3, 1937

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

amended October 24, 2018 (P.L.786, No. 127), is amended to read:

Section 912.1. Number of Signers Required for Nomination

Petitions of Candidates at Primaries.--Candidates for nomination

of offices as listed below shall present a nominating petition

containing at least as many valid signatures of registered and

enrolled members of the proper party as listed below:

(1) President of the United States: Two thousand.

(2) United States Senate: Two thousand.

(3) Governor: Two thousand including at least one hundred

from each of at least ten counties.

(4) Lieutenant Governor: One thousand including at least one

hundred from each of at least five counties.

(5) Treasurer: One thousand including at least one hundred

from each of at least five counties.

(6) Auditor General: One thousand including at least one

hundred from each of at least five counties.

(7) Attorney General: One thousand including at least one

hundred from each of at least five counties.

(8) Justice of the Supreme Court: One thousand including at

least one hundred from each of at least five counties.

(9) Judge of the Superior Court: One thousand including at

least one hundred from each of at least five counties.

(10) Judge of the Commonwealth Court: One thousand including

at least one hundred from each of at least five counties.

(11) For any other office to be filled by the vote of the

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electors of the State at large or for any other party office to

be elected by the electors of the State at large: One thousand

including at least one hundred from each of at least five

counties.

(12) Representative in Congress: One thousand.

(13) Senator in the General Assembly: Five hundred.

(14) Representative in the General Assembly: Three hundred.

(15) Public or party offices to be filled by a vote of the

electors in counties of the first class at large: One thousand.

(16) Public or party offices to be filled by a vote of the

electors in counties of the second class at large: Five hundred.

(17) Public or party offices to be filled by a vote of the

electors in cities of the first class at large: One thousand.

(18) Public or party offices to be filled by a vote of the

electors in counties of the second class A at large: Two hundred

fifty.

(19) Public or party offices to be filled by a vote of the

electors in counties of the third class at large: Two hundred

fifty.

(20) Public or party offices to be filled by a vote of the

electors in counties of the fourth class at large: Two hundred

fifty.

(21) Public or party offices to be filled by a vote of the

electors in cities of the second class at large: Two hundred

fifty.

(22) Public or party offices to be filled by a vote of the

electors in cities of the second class A at large: One hundred.

(23) Public or party offices to be filled by a vote of the

electors in cities of the third class at large: One hundred.

(24) Public or party offices to be filled by a vote of the

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electors in counties of the fifth class at large: One hundred.

(25) Public or party offices to be filled by a vote of the

electors in counties of the sixth class at large: One hundred.

(26) Public or party offices to be filled by a vote of the

electors in counties of the seventh class at large: One hundred.

(27) Public or party offices to be filled by a vote of the

electors in counties of the eighth class at large: One hundred.

(28) Office of judge of any court of record other than a

Statewide court or a court in a county of the first or second

class: Two hundred fifty.

(29) District delegate or alternate district delegate to a

National party convention: Two hundred fifty.

(30) Member of State committee: One hundred.

(31) Office of district council member in a city of the

first class: Seven hundred fifty.

(31.1) Office of district council member in a city of the

second class: One hundred.

(32) Office of magisterial district judge: One hundred, but

only for a candidate's primary election when the candidate does

not already hold the office of magisterial district judge. A

sitting magisterial district judge elected to the office shall

not be required to file a nominating petition under this section

to run for the office of magisterial district judge but may

instead file a certificate of nomination for reelection

specifying the intent to seek reelection to the office. If a

sitting magisterial district judge files a certificate of

nomination for reelection, the sitting magisterial district

judge may not challenge the nominating petition of another

candidate for magisterial district judge.

(33) Office of judge of election: Ten.

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(34) Inspector of elections: Five.

(35) School director: Ten .

(36) All other public and party offices: Ten.

Section 2. This act shall take effect in 60 days.

SECTION 2. SECTIONS 1004 AND 1007(B) OF THE ACT, AMENDED

OCTOBER 31, 2019 (P.L.552, NO.77), ARE AMENDED TO READ:

SECTION 1004. FORM OF BALLOTS; PRINTING BALLOTS; [STUBS;]

NUMBERS.--FROM THE LISTS FURNISHED BY THE SECRETARY OF THE

COMMONWEALTH UNDER THE PROVISIONS OF SECTIONS 915 AND 984, AND

FROM PETITIONS AND PAPERS FILED IN THEIR OFFICE, THE COUNTY

ELECTION BOARD SHALL PRINT THE OFFICIAL PRIMARY AND ELECTION

BALLOTS IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT: PROVIDED,

HOWEVER, THAT IN NO EVENT, SHALL THE NAME OF ANY PERSON

CONSENTING TO BE A CANDIDATE FOR NOMINATION FOR ANY ONE OFFICE,

EXCEPT THE OFFICE OF JUDGE OF A COURT OF COMMON PLEAS, THE

PHILADELPHIA MUNICIPAL COURT OR THE OFFICE OF SCHOOL DIRECTOR IN

DISTRICTS WHERE THAT OFFICE IS ELECTIVE OR THE OFFICE OF JUSTICE

OF THE PEACE BE PRINTED AS A CANDIDATE FOR SUCH OFFICE UPON THE

OFFICIAL PRIMARY BALLOT OF MORE THAN ONE PARTY. ALL BALLOTS FOR

USE IN THE SAME ELECTION DISTRICT AT ANY PRIMARY OR ELECTION

SHALL BE ALIKE. THEY SHALL BE AT LEAST SIX INCHES LONG AND FOUR

INCHES WIDE, AND SHALL HAVE A MARGIN EXTENDING BEYOND ANY

PRINTING THEREON. THEY SHALL BE PRINTED WITH THE SAME KIND OF

TYPE (WHICH SHALL NOT BE SMALLER THAN THE SIZE KNOWN AS

"BREVIER" OR "EIGHT POINT BODY") UPON WHITE PAPER OF UNIFORM

QUALITY, WITHOUT ANY IMPRESSION OR MARK TO DISTINGUISH ONE FROM

ANOTHER, AND WITH SUFFICIENT THICKNESS TO PREVENT THE PRINTED

MATTER FROM SHOWING THROUGH. [EACH BALLOT SHALL BE ATTACHED TO A

STUB, AND ALL] ALL THE BALLOTS FOR THE SAME ELECTION DISTRICT

SHALL BE BOUND TOGETHER IN BOOKS OF FIFTY, IN SUCH MANNER THAT

20190HB0227PN2925 - 5 -

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EACH BALLOT MAY BE DETACHED [FROM ITS STUB] AND REMOVED

SEPARATELY. THE BALLOTS FOR EACH PARTY TO BE USED AT A PRIMARY

SHALL BE BOUND SEPARATELY. [THE STUBS OF THE BALLOTS SHALL BE

CONSECUTIVELY NUMBERED, AND IN THE CASE OF PRIMARY BALLOTS, THE

NUMBER SHALL BE PRECEDED BY AN INITIAL OR ABBREVIATION

DESIGNATING THE PARTY NAME. THE NUMBER AND INITIAL OR

ABBREVIATION WHICH APPEARS UPON THE STUB SHALL ALSO BE PRINTED

IN THE UPPER RIGHT HAND CORNER OF THE BACK OF THE BALLOT,

SEPARATED FROM THE REMAINDER OF THE BALLOT BY A DIAGONAL

PERFORATED LINE SO PREPARED THAT THE UPPER RIGHT HAND CORNER OF

THE BACK OF THE BALLOT CONTAINING THE NUMBER MAY BE DETACHED

FROM THE BALLOT BEFORE IT IS DEPOSITED IN THE BALLOT BOX AND

BESIDE THAT CORNER SHALL ALSO BE PRINTED, "REMOVE NUMBERED STUB

IMMEDIATELY BEFORE DEPOSITING YOUR BALLOT IN BALLOT BOX."]

SECTION 1007. NUMBER OF BALLOTS TO BE PRINTED; SPECIMEN

BALLOTS.--* * *

(B) THE COUNTY BOARD OF EACH COUNTY SHALL ALSO, IN ADDITION

TO THE NUMBER OF BALLOTS REQUIRED TO BE PRINTED FOR GENERAL

DISTRIBUTION, MAINTAIN A SUFFICIENT SUPPLY OF SUCH BALLOTS AT

THE OFFICE OF THE COUNTY BOARD FOR THE USE OF ABSENTEE ELECTORS

OR MAIL-IN ELECTORS AND FOR THE USE OF ANY DISTRICT, THE BALLOTS

FOR WHICH MAY BE LOST, DESTROYED OR STOLEN. THEY SHALL ALSO

CAUSE TO BE PRINTED ON TINTED PAPER, AND WITHOUT THE FACSIMILE

ENDORSEMENTS[,] OR PERMANENT BINDING [OR STUBS], COPIES OF THE

FORM OF BALLOTS PROVIDED FOR EACH POLLING PLACE AT EACH PRIMARY

OR ELECTION THEREIN, WHICH SHALL BE CALLED SPECIMEN BALLOTS, AND

WHICH SHALL BE OF THE SAME SIZE AND FORM AS THE OFFICIAL

BALLOTS, AND AT EACH ELECTION THEY SHALL DELIVER TO THE ELECTION

OFFICERS, IN ADDITION TO THE OFFICIAL BALLOTS TO BE USED AT SUCH

ELECTION, A SUITABLE SUPPLY OF SPECIMEN BALLOTS FOR THE USE OF

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THE ELECTORS. AT EACH PRIMARY, A SUITABLE SUPPLY OF SPECIMEN

BALLOTS OF EACH PARTY SHALL BE FURNISHED.

SECTION 3. SECTIONS 1011 AND 1109-A(F) OF THE ACT ARE

AMENDED TO READ:

SECTION 1011. RECORD OF BALLOTS TO BE KEPT.--THE COUNTY

BOARD SHALL KEEP A RECORD OF THE NUMBER OF OFFICIAL BALLOTS

PRINTED AND FURNISHED TO EACH ELECTION DISTRICT AT EACH PRIMARY

AND ELECTION, AND OF THE NUMBER OF [STUBS,] UNUSED BALLOTS AND

CANCELLED BALLOTS SUBSEQUENTLY RETURNED THEREFROM, AND ALSO OF

THE DISPOSITION OF THE ADDITIONAL OFFICIAL BALLOTS PROVIDED, AS

REQUIRED BY SECTION 1007 OF THIS ACT.

SECTION 1109-A. FORMS.--* * *

(F) BALLOT CARDS, OR THE PORTION THEREOF ON WHICH THE VOTER

REGISTERS HIS VOTE, SHALL BE OF A SIZE, DESIGN AND STOCK

SUITABLE FOR PROCESSING BY THE AUTOMATIC TABULATING EQUIPMENT

USED IN THE VOTING SYSTEM. [EACH BALLOT CARD SHALL HAVE AN

ATTACHED SERIALLY NUMBERED PERFORATED STUB, WHICH SHALL BE

REMOVED BY AN ELECTION OFFICER BEFORE THE BALLOT CARD IS

DEPOSITED IN THE DISTRICT AUTOMATIC TABULATING EQUIPMENT OR IN A

SECURE BALLOT BOX. THE NAME OF THE COUNTY, AND A FACSIMILE OF

THE SIGNATURE OF THE MEMBERS OF THE COUNTY BOARD SHALL BE

PRINTED ON THE BALLOT CARD STUB.]

* * *

SECTION 4. SECTION 1110-A OF THE ACT IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 1110-A. SUPPLIES; PREPARATION OF THE VOTING SYSTEM

AND OF POLLING PLACES.--* * *

(B.1) THE COUNTY BOARD OF ELECTIONS SHALL FURNISH SUPPLIES

TO EACH ELECTION DISTRICT WHICH SHALL ENABLE THE VOTER TO INSERT

THE BALLOT INTO THE DISTRICT AUTOMATIC TABULATING EQUIPMENT IN

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SECRET. THE SUPPLIES SHALL BE IN THE FORM AND ACCORDING TO THE

SPECIFICATIONS PRESCRIBED BY THE SECRETARY OF THE COMMONWEALTH.

* * *

SECTION 5. SECTIONS 1112-A(B)(6), 1113-A(A), 1203, 1210(A.3)

(3) AND (4), 1214(B), 1219, 1221 AND 1303(A) OF THE ACT ARE

AMENDED TO READ:

SECTION 1112-A. ELECTION DAY PROCEDURES AND THE PROCESS OF

VOTING.--* * *

(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:

* * *

(6) FOLLOWING THE COMPLETION OF HIS VOTE, THE VOTER SHALL

LEAVE THE VOTING BOOTH AND RETURN THE BALLOT TO THE ELECTION

OFFICER BY A MEANS DESIGNED TO INSURE ITS SECRECY[; UPON REMOVAL

OF THE STUB OF THE BALLOT BY THE ELECTION OFFICER,] AS

PRESCRIBED BY THE SECRETARY OF THE COMMONWEALTH; THE VOTER SHALL

INSERT THE BALLOT INTO THE DISTRICT AUTOMATIC TABULATING

EQUIPMENT OR, IN THE EVENT DISTRICT TABULATION IS NOT PROVIDED

FOR BY THE VOTING SYSTEM OR SUCH DISTRICT TABULATION EQUIPMENT

IS INOPERATIVE FOR ANY REASON, INTO A SECURE BALLOT BOX. [NO

BALLOT CARD FROM WHICH THE STUB HAS BEEN DETACHED SHALL BE

ACCEPTED BY THE ELECTION OFFICER IN CHARGE OF SUCH EQUIPMENT OR

BALLOT BOX, BUT IT SHALL BE MARKED "SPOILED" AND SHALL BE PLACED

IN THE ENVELOPE MARKED "SPOILED BALLOTS."]

SECTION 1113-A. POST ELECTION PROCEDURES.--(A) AS SOON AS

THE POLLS HAVE BEEN CLOSED AND THE LAST ELECTOR HAS VOTED IN

DISTRICTS HAVING AN ELECTRONIC VOTING SYSTEM WHICH EMPLOYS PAPER

BALLOTS OR BALLOT CARDS, AND DISTRICT TABULATION IS PROVIDED

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FOR, THE NUMBER OF SUCH BALLOTS ISSUED TO ELECTORS (AT PRIMARY

ELECTIONS, THE NUMBER ISSUED TO THE ELECTORS OF EACH PARTY)[, AS

SHOWN BY THE STUBS,] AND THE NUMBER OF BALLOTS (AT PRIMARIES THE

NUMBER OF BALLOTS OF EACH PARTY), IF ANY, SPOILED AND RETURNED

BY VOTERS AND CANCELLED, SHALL BE ANNOUNCED TO ALL PRESENT IN

THE POLLING PLACE AND ENTERED ON THE GENERAL RETURNS OF VOTES

CAST AT SUCH PRIMARY OR ELECTION. THE DISTRICT ELECTION OFFICERS

SHALL THEN COMPARE THE NUMBER OF NAMES MARKED AS VOTING IN THE

DISTRICT REGISTER, "VOTING CHECK LIST" AND NUMBERED LISTS OF

VOTERS, SHALL ANNOUNCE THE RESULT, AND SHALL ENTER ON THE

GENERAL RETURNS THE NUMBER OF ELECTORS WHO HAVE VOTED, AS SHOWN

BY THE "VOTER'S CHECK LIST." ANY DIFFERENCES WHICH EXIST SHALL

BE RECONCILED WHERE POSSIBLE, AND WHERE RECONCILIATION IS NOT

POSSIBLE SUCH DIFFERENCES SHALL BE NOTED ON THE GENERAL RETURNS.

THE DISTRICT REGISTER, THE "VOTING CHECK [LIST,"] LIST" AND THE

NUMBERED LISTS OF VOTERS [AND THE STUBS OF ALL BALLOTS USED],

TOGETHER WITH ALL UNUSED BALLOTS, AND ALL SPOILED AND CANCELLED

BALLOTS, AND ALL REJECTED VOTERS CERTIFICATES SHALL THEN BE

PLACED IN SEPARATE PACKAGES, CONTAINERS OR ENVELOPES AND SEALED

BEFORE THE TABULATION OF ANY BALLOTS.

* * *

SECTION 1203. VOTER'S CERTIFICATES.--AT EACH PRIMARY AND

ELECTION EACH COUNTY BOARD SHALL PREPARE A SUITABLE NUMBER OF

VOTER'S CERTIFICATES WHICH SHALL BE IN FORM APPROVED BY THE

SECRETARY OF THE COMMONWEALTH SUBSTANTIALLY AS FOLLOWS:

VOTER'S CERTIFICATE

(PRIMARY) (ELECTION) ...................... 19. . . .

I HEREBY CERTIFY THAT I AM QUALIFIED TO VOTE AT THIS

(PRIMARY) (ELECTION)

SIGNATURE .......................................

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ADDRESS .........................................

.......................................PA.

APPROVED..........................

NUMBER [OF STUB OF BALLOT ISSUED OR NUMBER] OF ADMISSION TO

VOTING MACHINES (AND PARTY, AT PRIMARY).......................

THE VOTER'S CERTIFICATE SHALL BE SO PREPARED AS TO BE CAPABLE

OF BEING INSERTED BY THE ELECTION OFFICERS IN A SUITABLE FILE OR

BINDER TO BE FURNISHED BY THE COUNTY BOARD. ONE SUCH FILE OR

BINDER SHALL BE FURNISHED BY THE COUNTY BOARD FOR EACH ELECTION

DISTRICT FOR EACH PRIMARY AND ELECTION, AND SHALL HAVE PRINTED

OR WRITTEN THEREON THE WORDS "VOTING CHECK LIST," TOGETHER WITH

THE NUMBER OF THE DISTRICT AND WARD, IF ANY, AND THE DATE OF THE

PRIMARY OR ELECTION.

SECTION 1210. MANNER OF APPLYING TO VOTE; PERSONS ENTITLED

TO VOTE; VOTER'S CERTIFICATES; ENTRIES TO BE MADE IN DISTRICT

(A.3) * * *

(3) WHEN AN ELECTOR HAS BEEN FOUND ENTITLED TO VOTE, THE

ELECTION OFFICER WHO EXAMINED HIS VOTER'S CERTIFICATE AND

COMPARED HIS SIGNATURE SHALL SIGN HIS NAME OR INITIALS ON THE

VOTER'S CERTIFICATE, SHALL, IF THE ELECTOR'S SIGNATURE IS NOT

READILY LEGIBLE, PRINT SUCH ELECTOR'S NAME OVER HIS SIGNATURE,

AND [THE NUMBER OF THE STUB OF THE BALLOT ISSUED TO HIM OR] HIS

NUMBER IN THE ORDER OF ADMISSION TO THE VOTING MACHINES, AND AT

PRIMARIES A LETTER OR ABBREVIATION DESIGNATING THE PARTY IN

WHOSE PRIMARY HE VOTES SHALL ALSO BE ENTERED BY ONE OF THE

ELECTION OFFICERS OR CLERKS.

(4) AS EACH VOTER IS FOUND TO BE QUALIFIED AND VOTES, THE

ELECTION OFFICER IN CHARGE OF THE DISTRICT REGISTER SHALL WRITE

OR STAMP THE DATE OF THE ELECTION OR PRIMARY, [THE NUMBER OF THE

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STUB OF THE BALLOT ISSUED TO HIM OR] HIS NUMBER IN THE ORDER OF

ADMISSION TO THE VOTING MACHINES, AND AT PRIMARIES A LETTER OR

ABBREVIATION DESIGNATING THE PARTY IN WHOSE PRIMARY HE VOTES,

AND SHALL SIGN HIS NAME OR INITIALS IN THE PROPER SPACE ON THE

REGISTRATION CARD OF SUCH VOTER CONTAINED IN THE DISTRICT

* * *

SECTION 1214. ADMISSION OF ELECTORS WITHIN ENCLOSED SPACE.--

* * *

(B) AS SOON AS AN ELECTOR HAS BEEN ADMITTED WITHIN THE

ENCLOSED SPACE, THE ELECTION OFFICER HAVING CHARGE OF THE

BALLOTS IN DISTRICTS IN WHICH BALLOTS ARE USED, SHALL DETACH A

BALLOT [FROM THE STUB] AND GIVE IT TO THE ELECTOR, FIRST FOLDING

IT SO THAT THE WORDS AND FIGURES PRINTED ON THE BACK SHALL BE

THE ONLY WORDS AND FIGURES VISIBLE, AND NO BALLOTS SHALL BE

DEPOSITED IN THE BALLOT BOX UNLESS FOLDED IN THE SAME MANNER.

NOT MORE THAN ONE BALLOT SHALL BE DETACHED [FROM ITS STUB] IN

ANY BOOK OF BALLOTS AT ANY ONE TIME. NOT MORE THAN ONE BALLOT

SHALL BE GIVEN TO AN ELECTOR, BUT IF AN ELECTOR INADVERTENTLY

SPOILS A BALLOT, HE MAY OBTAIN ANOTHER UPON RETURNING THE

SPOILED ONE. THE BALLOTS THUS RETURNED SHALL BE IMMEDIATELY

CANCELLED AND AT THE CLOSE OF THE POLLS SHALL BE ENCLOSED IN AN

ENVELOPE, SEALED AND RETURNED TO THE COUNTY BOARD.

* * *

SECTION 1219. BALLOTS TO BE ISSUED BY ELECTION OFFICERS

ONLY; BALLOTS NOT TO BE REMOVED; OFFICIAL BALLOTS ONLY TO BE

DEPOSITED OR COUNTED.--NO OFFICIAL BALLOT SHALL BE TAKEN [OR

DETACHED FROM ITS STUB IN] FROM ANY BOOK OF BALLOTS, EXCEPT BY

AN ELECTION OFFICER OR CLERK WHEN A PERSON DESIRING TO VOTE HAS

BEEN FOUND TO BE A QUALIFIED ELECTOR ENTITLED TO VOTE. NOT MORE

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THAN ONE BALLOT SHALL BE REMOVED AT ANY ONE TIME OR GIVEN TO AN

ELECTOR, EXCEPT IN THE CASE OF A SPOILED BALLOT AS PROVIDED BY

THIS ACT. NO PERSON OTHER THAN THE ELECTION OFFICERS SHALL TAKE

OR REMOVE ANY BALLOT FROM THE POLLING PLACE. NO BALLOT WITHOUT

THE OFFICIAL ENDORSEMENT SHALL, EXCEPT AS HEREIN OTHERWISE

PROVIDED, BE DEPOSITED IN THE BALLOT BOX, AND NO OTHER BALLOTS

SHALL BE COUNTED. IF ANY BALLOT APPEARS TO HAVE BEEN OBTAINED

OTHERWISE THAN FROM THE COUNTY BOARD AS PROVIDED BY THIS ACT,

THE SAME SHALL NOT BE COUNTED, AND THE JUDGE OF ELECTION SHALL

TRANSMIT SUCH BALLOT TO THE DISTRICT ATTORNEY WITHOUT DELAY,

TOGETHER WITH WHATEVER INFORMATION HE MAY HAVE REGARDING THE

SAME.

SECTION 1221. DUTIES OF ELECTION OFFICERS AFTER THE CLOSE OF

THE POLLS IN DISTRICTS IN WHICH BALLOTS ARE USED.--AFTER THE

POLLS ARE CLOSED AND THE LAST ELECTOR HAS VOTED IN DISTRICTS IN

WHICH BALLOTS ARE USED, THE ELECTION OFFICERS, CLERKS AND

OVERSEERS, IF ANY, SHALL REMAIN WITHIN THE ENCLOSED SPACE.

BEFORE THE BALLOT BOX IS OPENED, THE NUMBER OF BALLOTS ISSUED TO

ELECTORS (AT PRIMARIES THE NUMBER ISSUED TO THE ELECTORS OF EACH

PARTY)[, AS SHOWN BY THE STUBS,] AND THE NUMBER OF BALLOTS (AT

PRIMARIES THE NUMBER OF BALLOTS OF EACH PARTY), IF ANY, SPOILED

AND RETURNED BY VOTERS AND CANCELLED, SHALL BE ANNOUNCED TO ALL

PRESENT IN THE VOTING ROOM, AND ENTERED ON THE GENERAL RETURNS

OF VOTES CAST AT SUCH PRIMARY OR ELECTION. THE ELECTION OFFICERS

SHALL THEN COMPARE THE NUMBER OF ELECTORS VOTING [AS SHOWN BY

THE STUBS] WITH THE NUMBER OF NAMES MARKED AS VOTING IN THE

DISTRICT REGISTER, "VOTING CHECK LIST," AND NUMBERED LISTS OF

VOTERS, SHALL ANNOUNCE THE RESULT, AND SHALL ENTER ON THE

GENERAL RETURNS THE NUMBER OF ELECTORS WHO HAVE VOTED, AS SHOWN

BY THE "VOTER'S CHECK LIST." IF ANY DIFFERENCES EXIST, THEY

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SHALL BE RECONCILED, IF POSSIBLE, OTHERWISE THEY SHALL BE NOTED

ON THE GENERAL RETURNS. THE DISTRICT REGISTER, THE "VOTING CHECK

[LIST,"] LIST" AND THE NUMBERED LISTS OF VOTERS [AND THE STUBS

OF ALL BALLOTS USED], TOGETHER WITH ALL UNUSED BALLOTS, AND ALL

SPOILED AND CANCELLED BALLOTS, AND ALL REJECTED VOTER'S

CERTIFICATES SHALL THEN BE PLACED IN SEPARATE PACKAGES,

CONTAINERS OR ENVELOPES, AND SEALED, BEFORE THE BALLOT BOX IS

OPENED.

SECTION 1303. OFFICIAL ABSENTEE VOTERS BALLOTS.--(A) IN

DISTRICTS IN WHICH BALLOTS ARE USED, THE BALLOTS FOR USE BY SUCH

ABSENTEE ELECTORS UNDER THE PROVISIONS OF THIS ACT SHALL BE THE

OFFICIAL BALLOTS PRINTED IN ACCORDANCE WITH SECTIONS 1002 AND

1003: PROVIDED, HOWEVER, THAT THE COUNTY BOARD OF ELECTIONS WHEN

DETACHING THE OFFICIAL BALLOTS FOR ABSENTEE ELECTORS SHALL BE

REQUIRED TO [INDICATE ON THE STUB OF EACH BALLOT SO DETACHED]

TRACK THE NAME OF THE APPLICANT TO WHICH [THAT PRECISE] A BALLOT

IS BEING SENT. THE COUNTY BOARD OF ELECTIONS SHALL ALSO BE

REQUIRED TO [REMOVE THE NUMBERED STUB FROM EACH SUCH BALLOT AND

SHALL THEREUPON] PRINT, STAMP OR ENDORSE IN RED COLOR UPON SUCH

OFFICIAL BALLOTS THE WORDS, OFFICIAL ABSENTEE BALLOT. SUCH

BALLOTS SHALL BE DISTRIBUTED BY SUCH BOARDS AS HEREINAFTER

PROVIDED.

* * *

SECTION 6. SECTION 1303-D(A.1) OF THE ACT, AMENDED OCTOBER

31, 2019 (P.L.552, NO.77), IS AMENDED TO READ:

SECTION 1303-D. OFFICIAL MAIL-IN ELECTOR BALLOTS.

* * *

(A.1) DUTIES OF COUNTY BOARDS OF ELECTIONS.--THE COUNTY

BOARD OF ELECTIONS, WHEN DETACHING THE OFFICIAL BALLOTS FOR

MAIL-IN VOTERS, SHALL BE REQUIRED TO [INDICATE ON THE STUB OF

20190HB0227PN2925 - 13 -

EACH DETACHED BALLOT] TRACK THE NAME OF THE APPLICANT TO WHICH

[THAT PRECISE] A BALLOT IS BEING SENT. THE COUNTY BOARD OF

ELECTIONS SHALL ALSO [REMOVE THE NUMBERED STUB FROM EACH BALLOT

AND SHALL] PRINT, STAMP OR ENDORSE IN RED COLOR ON THE OFFICIAL

BALLOTS THE WORDS, "OFFICIAL MAIL-IN BALLOT." THE BALLOTS SHALL

BE DISTRIBUTED BY A BOARD AS PROVIDED UNDER THIS SECTION.

* * *

SECTION 7. SECTION 1404(C) OF THE ACT IS AMENDED TO READ:

SECTION 1404. COMPUTATION OF RETURNS BY COUNTY BOARD;

CERTIFICATION; ISSUANCE OF CERTIFICATES OF ELECTION.--

* * *

EXTRA OFFICIAL BALLOTS PRINTED UNDER THE PROVISIONS OF SECTION

1007 OF THIS ACT. THE GENERAL RETURNS MADE BY THE ELECTION

OFFICERS FROM THE VARIOUS ELECTION DISTRICTS SHALL THEN BE READ

ONE AFTER ANOTHER IN THE USUAL ORDER, SLOWLY AND AUDIBLY, BY ONE

OF THE CLERKS WHO SHALL, IN EACH CASE OF A RETURN FROM A

DISTRICT IN WHICH BALLOTS WERE USED, READ THEREFROM THE NUMBER

OF BALLOTS (IN THE CASE OF PRIMARIES THE NUMBER OF BALLOTS OF

EACH PARTY) ISSUED, SPOILED AND CANCELLED, AND CAST,

RESPECTIVELY, WHEREUPON THE CLERK HAVING CHARGE OF THE RECORDS

OF THE COUNTY BOARD SHOWING THE NUMBER OF BALLOTS FURNISHED FOR

EACH ELECTION DISTRICT, INCLUDING THE NUMBER OF EXTRA OFFICIAL

BALLOTS AS PROVIDED BY SECTION 1007 OF THIS ACT AS SO FURNISHED,

AND THE NUMBER OF [STUBS AND] UNUSED BALLOTS AND SPOILED AND

CANCELLED BALLOTS RETURNED, SHALL PUBLICLY ANNOUNCE THE NUMBER

OF THE SAME RESPECTIVELY, AND UNLESS IT APPEARS BY SAID NUMBER

OR CALCULATIONS THEREFROM THAT SAID RECORDS, AND THE SAID

GENERAL RETURN CORRESPOND, NO FURTHER RETURNS SHALL BE READ FROM

THE LATTER UNTIL ALL DISCREPANCIES ARE EXPLAINED TO THE

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SATISFACTION OF THE COUNTY BOARD. IN THE CASE OF DISTRICTS IN

WHICH VOTING MACHINES ARE USED, THERE SHALL BE READ FROM THE

GENERAL RETURN THE IDENTIFYING NUMBER OR OTHER DESIGNATION OF

EACH VOTING MACHINE USED, THE NUMBERS REGISTERED ON THE

PROTECTIVE COUNTER OR DEVICE ON EACH MACHINE PRIOR TO THE

OPENING OF THE POLLS AND IMMEDIATELY AFTER CLOSE OF THE SAME,

WHEREUPON THE CLERK HAVING CHARGE OF THE RECORDS OF THE COUNTY

BOARD SHOWING THE NUMBER REGISTERED ON THE PROTECTIVE COUNTER OR

DEVICE OF EACH VOTING MACHINE PRIOR TO DELIVERY AT THE POLLING

PLACE, SHALL PUBLICLY ANNOUNCE THE NUMBERS SO REGISTERED, AND

UNLESS IT APPEARS THAT THE SAID RECORDS, AND THE SAID GENERAL

RETURN CORRESPOND, NO FURTHER RETURNS SHALL BE READ FROM THE

LATTER UNTIL ANY AND ALL DISCREPANCIES ARE EXPLAINED TO THE

SATISFACTION OF THE COUNTY BOARD.

* * *

SECTION 8. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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