Regular Session 2019-2020 Senate Bill 0300 P.N. 1011

PRIOR PRINTER'S NO. 288

PRINTER'S NO. 1011

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

300

Session of

2019

INTRODUCED BY SCARNATI, KILLION, BROWNE, K. WARD, YAW, COSTA,

YUDICHAK, BLAKE, SANTARSIERO, DINNIMAN, ALLOWAY, MUTH,

BOSCOLA AND LAUGHLIN, FEBRUARY 19, 2019

SENATOR FOLMER, STATE GOVERNMENT, AS AMENDED, JUNE 18, 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 preliminary provisions, further providing for

definitions; 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; in nomination of

candidates, further providing for candidates to be nominated

and party officers to be elected at primaries and providing

for procedure for unenrolled electors to cast primary

ballots; and, in preparation for and conduct of primaries and

elections, further providing 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.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102 of the act of June 3, 1937 (P.L.1333,

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

adding a definition to read:

Section 102. Definitions.--The following words, when used in

this act, shall have the following meanings, unless otherwise

clearly apparent from the context:

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(z.6) The words "unenrolled elector" shall mean a person who

is registered to vote within an election district but not

enrolled as a member of a political party HAVING SELECTED "NONE"

OR "NO AFFILIATION" IN REGARD TO A POLITICAL PARTY ON THEIR

PENNSYLVANIA VOTER REGISTRATION APPLICATION .

Section 2. Sections 702, 802 and 902 of the act are amended

to read:

Section 702. Qualifications of Electors at Primaries.--(a)

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 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].

(b) Unenrolled electors shall be permitted to vote in

primary elections in accordance with the procedures specified in

section 902.1 AND 25 PA.C.S. § 1326 (RELATING TO TIME) .

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 902. Candidates to Be Nominated and Party Officers

to Be Elected at Primaries.--All candidates of political

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parties, as defined in section 801 of this act, for the offices

of PRESIDENT OF THE UNITED STATES, 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 and unenrolled elector under section 902.1 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.]. IN A PRIMARY ELECTION CONDUCTED

IN THIS COMMONWEALTH, ALL UNENROLLED ELECTORS SHALL HAVE THE

OPPORTUNITY TO VOTE IN ACCORDANCE WITH THE PROCEDURES SET FORTH

IN SECTION 902.1.

Section 3. The act is amended by adding a section to read:

Section 902.1. Procedure for Unenrolled Electors to Cast

Primary Ballots.--Upon confirming an unenrolled elector's status

as a registered elector, the elections officer shall ask the

unenrolled elector in which political party's primary the

unenrolled elector desires to vote, and the elections officer

upon reply shall record the unenrolled elector's selection upon

the unenrolled elector's certificate and for the purpose of that

ballot only shall be deemed enrolled in that party. THE

UNENROLLED ELECTOR SHALL NOT SIGN THE VOTER'S CERTIFICATE UNTIL

THE ELECTIONS OFFICER HAS RECORDED THE UNENROLLED ELECTOR'S

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DESIRED POLITICAL PARTY ON THE CERTIFICATE.

Section 4. Section 1210(d) of the act is amended to read:

Section 1210. Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

(d) No person, except a qualified elector who is in actual

military or naval service under a requisition of the President

of the United States or by the authority of this Commonwealth,

and who votes under the provisions of Article XIII of this act,

shall be entitled or permitted to vote at any primary or

election at any polling place outside the election district in

which he resides, nor shall he be permitted to vote in the

election district in which he resides, unless he has been

personally registered as an elector and his registration card

appears in the district register of such election district,

except by order of the court of common pleas as provided in this

act, and any person, although personally registered as an

elector, may be challenged by any qualified elector, election

officer, overseer, or watcher at any primary or election as to

his identity, as to his continued residence in the election

district or as to any alleged violation of the provisions of

section 1210 of this act, and if challenged as to identity or

residence, he shall produce at least one qualified elector of

the election district as a witness, who shall make affidavit of

his identity or continued residence in the election district:

Provided, however, That no person shall be entitled to vote as a

member of a party at any primary, unless he is:

(1) registered and enrolled as a member of such party upon

the district register, which enrollment shall be conclusive as

to [his] party membership and shall not be subject to challenge

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on the day of the primary[.]; or

(2) an unenrolled elector, in which case the person may vote

for the candidates of the party of the unenrolled elector's

choice in accordance with the procedures set forth in section

902.1. The unenrolled elector's choice of party at one primary

election shall not preclude the unenrolled elector from choosing

a different party in a subsequent primary election.

* * *

Section 5. This act shall take effect immediately.

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