PRIOR PRINTER'S NO. 436

PRINTER'S NO. 1652

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

417

Session of

2019

INTRODUCED BY MARTIN, FOLMER, SCHWANK, KILLION, STEFANO, ARGALL,

BARTOLOTTA, COSTA, K. WARD, GORDNER, BROWNE AND BREWSTER,

MARCH 19, 2019

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 party organization, further providing for who

shall be declared elected members of national or State

committee and party offices; and, in returns of primaries and

elections, further providing for manner of computing

SECTION 1. SECTION 810 OF THE ACT OF JUNE 3, 1937 (P.L.1333,

NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, IS AMENDED TO

READ:

Section 810. Who Shall Be Declared Elected Members of

National or State Committee and Party Offices.--Candidates of

the various political parties for the office of member of the

State committee, or for the office of member of the National

committee, in cases where the rules of the party provide that

electors at a primary, shall, except as provided under section

1405, be the party officers of their respective parties.

Section 1405. Manner of Computing Irregular Ballots.--The

county board, in computing the votes cast at any primary or

election, shall compute and certify votes cast on irregular

ballots exactly as such names were written, stamped, affixed to

the ballot by sticker, or deposited or affixed in or on

receptacles for that purpose, and as they have been so returned

by the election officers. In the primary or election the

Secretary of the Commonwealth shall not certify the votes cast

for any party office including that of delegate or alternate

delegate to National conventions and member of State committee

unless the total number of votes cast for said person is equal

to or greater than the number of signatures required on a

nomination petition for the particular office. In the primary or

election the county board shall not certify the votes cast on

irregular ballots for any person for a [justice of the peace]

magisterial district judge, constable, National, State, county,

SECTION 2. SECTION 1405 OF THE ACT, AMENDED OCTOBER 31, 2019

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

SECTION 1405. MANNER OF COMPUTING IRREGULAR BALLOTS.--THE

COUNTY BOARD, IN COMPUTING THE VOTES CAST AT ANY PRIMARY OR

OF A STICKER OR LABEL AFFIXED TO A BALLOT OR BALLOT CARD SHALL

BE VOID AND MAY NOT BE COUNTED. IN THE PRIMARY OR ELECTION THE

SECRETARY OF THE COMMONWEALTH SHALL NOT CERTIFY THE VOTES CAST

ON IRREGULAR BALLOTS FOR ANY PERSON FOR A NATIONAL OFFICE

INCLUDING THAT OF THE PRESIDENT OF THE UNITED STATES, UNITED

STATES SENATOR AND REPRESENTATIVE IN CONGRESS; OR FOR ANY STATE

OFFICE INCLUDING THAT OF GOVERNOR AND LIEUTENANT GOVERNOR,

AUDITOR GENERAL, STATE TREASURER, SENATOR AND REPRESENTATIVE IN

THE GENERAL ASSEMBLY, JUSTICES AND JUDGES OF COURTS OF RECORD OR

FOR ANY PARTY OFFICE INCLUDING THAT OF DELEGATE OR ALTERNATE

TO OR GREATER THAN THE NUMBER OF SIGNATURES REQUIRED ON A

NOMINATION PETITION FOR THE PARTICULAR OFFICE. IN THE PRIMARY OR

ELECTION THE COUNTY BOARD SHALL NOT CERTIFY THE VOTES CAST ON

IRREGULAR BALLOTS FOR ANY PERSON FOR A [JUSTICE OF THE PEACE]

act shall apply to elections held after December 31, 2019 2020.