See other bills
under the
same topic
HOUSE AMENDED
PRIOR PRINTER'S NOS. 481, 1015, 1292
PRINTER'S NO. 1328
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
421
Session of
2019
INTRODUCED BY BOSCOLA, BROWNE, MENSCH, BARTOLOTTA, KILLION,
LAUGHLIN, SCAVELLO, STEFANO AND PHILLIPS-HILL, MARCH 25, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 28, 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 ballots, further providing for form of
official election ballot; in voting machines, further
providing for requirements of voting machines and for form of
ballot labels on voting machines; in electronic voting
systems, further providing for requirements of electronic
voting systems, for forms and for election day procedures and
the process of voting; and, in preparation for and conduct of
primaries and elections, further providing for instructions
of voters and manner of voting in districts in which voting
machines are used, for count and return of votes in districts
in which ballots are used and for what ballots shall be
counted, manner of counting and defective ballots.
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
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ELECTIONS," IN PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR
DEFINITIONS; IN THE SECRETARY OF THE COMMONWEALTH, PROVIDING
FOR REQUIREMENTS FOR DISAPPROVAL OR DECERTIFICATION OF VOTING
APPARATUSES; IN DISTRICT ELECTION OFFICERS, FURTHER PROVIDING
FOR COMPENSATION OF DISTRICT ELECTION OFFICERS; IN ELECTION
DISTRICTS AND POLLING PLACES, FURTHER PROVIDING FOR
RESTRICTIONS ON ALTERATION; IN NOMINATION OF CANDIDATES,
FURTHER PROVIDING FOR PETITION MAY CONSIST OF SEVERAL SHEETS
AND AFFIDAVIT OF CIRCULATOR, FOR MANNER OF SIGNING NOMINATION
PETITIONS AND TIME OF CIRCULATING AND FOR NOMINATIONS BY
POLITICAL BODIES; IN BALLOTS, FURTHER PROVIDING FOR FORM OF
OFFICIAL PRIMARY BALLOT, FOR FORM OF OFFICIAL ELECTION BALLOT
AND, FOR NUMBER OF BALLOTS TO BE PRINTED AND SPECIMEN BALLOTS
AND FOR FORMS OF BALLOTS ON FILE AND OPEN TO PUBLIC
INSPECTION AND BALLOTS AND DIAGRAMS TO BE FURNISHED TO
CANDIDATES AND PARTIES; IN VOTING MACHINES, FURTHER PROVIDING
FOR REQUIREMENTS OF VOTING MACHINES AND FOR FORM OF BALLOT
LABELS ON VOTING MACHINES; IN ELECTRONIC VOTING SYSTEMS,
FURTHER PROVIDING FOR REQUIREMENTS OF ELECTRONIC VOTING
SYSTEMS, FOR FORMS, 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 MANNER OF APPLYING TO VOTE AND PERSONS
ENTITLED TO VOTE AND VOTER'S CERTIFICATES AND ENTRIES TO BE
MADE IN DISTRICT REGISTER AND NUMBERED LISTS OF VOTERS AND
CHALLENGES, FOR METHOD OF MARKING BALLOTS AND DEPOSITING SAME
IN DISTRICTS IN WHICH BALLOTS ARE USED, FOR INSTRUCTIONS OF
VOTERS AND MANNER OF VOTING IN DISTRICTS IN WHICH VOTING
MACHINES ARE USED, FOR COUNT AND RETURN OF VOTES IN DISTRICTS
IN WHICH BALLOTS ARE USED, FOR WHAT BALLOTS SHALL BE COUNTED,
MANNER OF COUNTING AND DEFECTIVE BALLOTS AND FOR CANVASS AND
RETURN OF VOTES IN DISTRICTS IN WHICH VOTING MACHINES ARE
USED AND PROVIDING FOR DEADLINE FOR RECEIPT OF VALID VOTER
REGISTRATION APPLICATION, FOR APPEALS AND FOR APPEALS TO
COURT OF COMMON PLEAS; IN VOTING BY QUALIFIED ABSENTEE
ELECTORS, FURTHER PROVIDING FOR APPLICATIONS FOR OFFICIAL
ABSENTEE BALLOTS, FOR DATE OF APPLICATION FOR ABSENTEE
BALLOT, FOR APPROVAL OF APPLICATION FOR ABSENTEE BALLOT, FOR
ABSENTEE ELECTORS FILES AND LISTS, FOR OFFICIAL ABSENTEE
VOTERS BALLOTS, FOR DELIVERING OR MAILING BALLOTS, FOR VOTING
BY ABSENTEE ELECTORS, FOR CANVASSING OF OFFICIAL ABSENTEE
BALLOTS AND FOR PUBLIC RECORDS; PROVIDING FOR VOTING BY
QUALIFIED MAIL-IN ELECTORS; IN RETURNS OF PRIMARIES AND
ELECTIONS, FURTHER PROVIDING FOR MANNER OF COMPUTING
IRREGULAR BALLOTS; IN PRIMARY AND ELECTION EXPENSES, FURTHER
PROVIDING FOR REPORTING BY CANDIDATES AND POLITICAL
COMMITTEES AND OTHER PERSONS; PROVIDING FOR DISSEMINATION OF
INFORMATION AND FOR JURISDICTION; REMOVING REFERENCES TO THE
TRAFFIC COURT OF PHILADELPHIA; AND MAKING RELATED REPEALS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1003(a), 1107(b), 1110(h), 1107-A(3),
1109-A(a)(2) and (d), 1112-A(a)(2) and (4), 1216(d) and (f),
1222(a) and (b) and 1223(a) of the act of June 3, 1937
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(P.L.1333, No.320), known as the Pennsylvania Election Code, are
amended to read:
Section 1003. Form of Official Election Ballot.--
(a) The official ballots for general, municipal and special
elections shall be in substantially the following form:
OFFICIAL BALLOT
....................... District, ........................ Ward,
City of ........................, County of ...................,
State of Pennsylvania ..........................................
Election held on the .......... day of ................, [19]
20.....
A cross (X) or check ( ) mark in the square opposite the name of
any candidate indicates a vote for that candidate.
[To vote a straight party ticket, mark a cross (X) or check
( ) in the square, in the Party Column, opposite the name of the
party of your choice. To vote for an individual candidate of
another party after making a mark in the party square, mark a
cross (X) or check ( ) opposite his name. For an office where
more than one candidate is to be voted for, the voter, after
marking in the party square, may divide his vote by marking a
cross (X) or check ( ) to the right of each candidate for whom
he or she desires to vote. For such office votes shall not be
counted for candidates not individually marked.]
To vote for a person whose name is not on the ballot, write,
print or paste his name in the blank space provided for that
purpose. A cross (X) or check ( ) mark in the square opposite
the names of the candidates of any party for President and Vice-
President of the United States indicates a vote for all the
candidates of that party for presidential elector. To vote for
individual candidates for presidential elector, write, print or
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paste their names in the blank spaces provided for that purpose
under the title "Presidential Electors." Mark ballot only in
black lead pencil, indelible pencil or blue, black or blue-black
ink, in fountain pen or ball point pen; use the same pencil or
pen for all markings you place on the ballot.
Before leaving the voting compartment, fold this ballot,
without displaying the markings thereon, in the same way it was
folded when received, then leave the compartment and exhibit the
ballot to one of the election officers who shall ascertain by an
inspection of the number appearing upon the right hand corner of
the back of the ballot whether the ballot so exhibited to him is
the same ballot which the elector received before entering the
voting compartment. If it is the same, the election officer
shall direct the elector, without unfolding the ballot, to
remove the perforated corner containing the number, and the
elector shall immediately deposit the ballot in the ballot box.
Any ballot deposited in a ballot box at any primary or election
without having the said number torn off shall be void and shall
not be counted.
[Party Column Presidential Electors
To Vote a Straight Party Ticket
Mark a Cross (X) or Check ( ) in
this Column.
(Vote for the candidates of
one party for President and
Vice-President, or insert the
names of candidates.)
Democratic
For
John Stiles
and
Richard Doe,
Democratic ...................
For
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Republican
John Doe
and
Richard Roe,
Republican ...................
Socialist
For
John Smith
and
William Jones,
Socialist ....................
Citizens]
Presidential Electors.
(Vote for the candidates of one party for President and Vice
President, or insert the names of candidates)
For
John Stiles and Richard Doe......................... Democratic
For
John Doe and Richard Roe............................ Republican
For
John Smith and William Jones......................... Socialist
For
........................ Citizens
United States Senator.
(Vote for one)
Richard Roe ......................................... Democratic
John Doe ............................................ Republican
Richard Stiles ....................................... Socialist
Governor.
(Vote for one)
Richard Roe ......................................... Democratic
John Doe ............................................ Republican
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Richard Stiles ....................................... Socialist
Representatives in Congress,
....... District.
(Vote for one)
Richard Roe ......................................... Democratic
John Doe ............................................ Republican
Richard Stiles ....................................... Socialist
Senator in the General Assembly,
....... District.
(Vote for one)
John Doe ............................................ Democratic
Richard Roe ......................................... Republican
* * *
Section 1107. Requirements of Voting Machines.--No voting
machine shall, upon any examination or reexamination, be
approved by the Secretary of the Commonwealth, or by any
examiner appointed by him, unless it shall, at the time, satisfy
the following requirements:
* * *
[(b) It shall permit each voter, at other than primary
elections, to vote a straight political party ticket in one
operation, and, in one operation, to vote for all the candidates
of one political party for presidential electors, and, in one
operation, to vote for all the candidates of one political party
for every office to be voted for, except those offices as to
which he votes for individual candidates.]
* * *
Section 1110. Form of Ballot Labels on Voting Machines.--
* * *
(h) The names of all candidates of a political party shall
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appear in the same row or column, and except in cases of names
of presidential commitments of nominees for delegate or
alternate delegate to political party National conventions no
other names shall appear in the same row or column[, to the left
or top of which shall be a straight party lever, by means of
which an elector may, in one operation, vote for all the
candidates of that political party for every office to be voted
for]. Where the names of the delegate or alternate delegate and
the presidential candidate he is supporting shall both appear,
the print size of the name of the delegate or alternate delegate
shall be equal to the size of the name of the particular
presidential candidate to whom he is committed, or in the case
where he is uncommitted, the word "uncommitted" shall appear in
the same size print. The names of such candidates shall be
arranged under or opposite the title of the office for which
they are candidates, and shall appear in the order of the votes
obtained by the candidate for Governor of the party nominated at
the last gubernatorial election, beginning with the party
obtaining the highest number of votes: Provided, however, That
in the case of parties or bodies not represented on the ballot
at the last gubernatorial election, the names of the candidates
of such parties shall be arranged alphabetically, according to
the party or body name. The names of all candidates of a
political body shall appear in the same row or column, and, if
the number of parties and bodies permits, each political body
shall be entitled exclusively to a separate row or column[, with
a straight party lever]. If, however, the number of political
parties and political bodies renders it impossible or
impracticable to so arrange the political bodies, in such case
said bodies shall not be entitled to a separate row or column
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[and a straight party lever], but shall be listed by political
appellations on the first left hand or top row, with the
designating letter and number of the ballot label where their
candidates may be found, together with the political
appellations of other political bodies, whose candidates may be
interspersed on the same row or column. Subject to the aforesaid
limitations, the form and arrangement of ballot labels, as to
the placing thereon of political bodies, shall be within the
discretion of the county board.
* * *
Section 1107-A. Requirements of Electronic Voting Systems.--
No electronic voting system shall, upon any examination or
reexamination, be approved by the Secretary of the Commonwealth,
or by any examiner appointed by him, unless it shall be
established that such system, at the time of such examination or
reexamination:
* * *
[(3) Permits each voter, at other than primary elections, to
vote a straight political party ticket by one mark or act and,
by one mark or act, to vote for all the candidates of one
political party for presidential electors and, by one mark or
act, to vote for all the candidates of one political party for
every office to be voted for, and every such mark or act shall
be equivalent to and shall be counted as a vote for every
candidate of the political party so marked including its
candidates for presidential electors, except with respect to
those offices as to which the voter has registered a vote for
individual candidates of the same or another political party or
political body, in which case the automatic tabulating equipment
shall credit the vote for that office only for the candidate
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individually so selected, notwithstanding the fact that the
voter may not have individually voted for the full number of
candidates for that office for which he was entitled to vote.]
* * *
Section 1109-A. Forms.--(a) * * *
(2) The pages placed on the voting device shall be of
sufficient number to include, following the listing of
particular candidates, the names of candidates for any
nonpartisan offices and any measures for which a voter may be
qualified to vote on a given election day, provided further that
for municipal, general or special elections, the first ballot
page shall list in the order that such political parties are
entitled to priority on the ballot, the names of such political
parties [with designating arrows so as to indicate the voting
square or position on the ballot card where the voter may insert
by one mark or punch the straight party ticket of his choice].
* * *
[(d) In partisan elections the ballot cards shall include a
voting square or position whereby the voter may by one punch or
mark record a straight party ticket vote for all the candidates
of one party or may vote a split ticket for the candidates of
his choice.]
* * *
Section 1112-A. Election Day Procedures and the Process of
Voting.--(a) In an election district which uses an electronic
voting system in which votes are registered electronically, the
following procedures will be applicable for the conduct of the
election at the election district:
* * *
(2) At [primary] all elections, the voter shall be able to
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vote for each candidate individually by the means provided. [At
all other elections, he may vote for each candidate
individually, or he may vote a straight political party ticket
in one operation by operating the straight political party
mechanism of the political party or political body of his
choice. He may also, after having operated the straight party
mechanism and before recording his vote, cancel the vote for any
candidate of such political party or political body and may
thereupon vote for a candidate of another party, or political
body for the same office.] The voter may also vote individually
for or against a question submitted to the vote of the electors.
* * *
(4) At any general election at which presidential electors
are to be chosen, each elector shall be permitted to vote by one
operation for all the presidential electors of a political party
or political body. For each party or body nominating
presidential electors, a ballot label shall be provided
containing only the words "Presidential Electors," preceded by
the names of the party or body and followed by the names of the
candidates thereof for the Office of President and Vice-
President, and the corresponding counter or registering device
shall register votes cast for said electors when thus voted for
collectively. If any elector desires to vote a ticket for
presidential electors made up of the names of persons nominated
by different parties or bodies, or partially of names of persons
so in nomination and partially of names of persons not in
nomination by any party or body, he may write or deposit a paper
ballot prepared by himself in the receptacle provided in or on
the voting device for that purpose, or he may list their names
on the write-in ballot or envelope provided for that purpose.
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The voting device shall be so constructed that it will not be
possible for any one voter to vote a straight party ticket for
presidential electors and at the same time to deposit a ballot
for presidential electors in a receptacle as [hereinabove]
provided in this section. When the votes for presidential
electors are counted, the votes appearing upon the counter or
registering device corresponding to the ballot label containing
the names of the candidates for President and Vice-President of
any party or body shall be counted as votes for each of the
candidates for presidential elector of such party or body, and
thereupon all candidates for presidential elector shall be
credited, in addition, with the votes cast for them upon the
ballots deposited in the machine, as [hereinabove] provided in
this section.
* * *
Section 1216. Instructions of Voters and Manner of Voting in
Districts in Which Voting Machines are Used.--
* * *
(d) At [primaries] all elections, he shall vote for each
candidate individually by operating the key, handle, pointer or
knob, upon or adjacent to which the name of such candidate is
placed. [At elections, he may vote for each candidate
individually by operating the key, handle, pointer or knob, upon
or adjacent to which the names of candidates of his choice are
placed, or he may vote a straight political party ticket in one
operation by operating the straight political party lever of the
political party or political body of his choice, if such machine
has thereon a separate lever for all the candidates of the
political body. He may also, after having operated the straight
party lever, and before recording his vote, cancel the vote for
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any candidate of such political party or political body by
replacing the individual key, handle, pointer or knob of such
candidate, and may thereupon vote for a candidate of another
party, or political body for the same office by operating the
key, handle, pointer or knob, upon or adjacent to which the name
of such candidate appears.] In the case of a question submitted
to the vote of the electors, the elector shall operate the key,
handle, pointer or knob corresponding to the answer which he
desires to give.
* * *
(f) At any general election at which presidential electors
are to be chosen, each elector shall be permitted to vote by one
operation for all the presidential electors of a political party
or political body. For each party or body nominating
presidential electors, a ballot label shall be provided
containing only the words "Presidential Electors," preceded by
the names of the party or body and followed by the names of the
candidates thereof for the office of President and Vice-
President, and the corresponding counter or registering device
shall register votes cast for said electors when thus voted for
collectively. If an elector desires to vote a ticket for
presidential electors made up of the names of persons nominated
by different parties or bodies, or partially of names of persons
so in nomination and partially of names of persons not in
nomination by any party or body, or wholly of names of persons
not in nomination by any party or body, he may write or deposit
a paper ballot prepared by himself in the receptacle provided in
or on the machine for the purpose. The machine shall be so
constructed that it will not be possible for any one voter to
vote a straight party ticket for presidential electors and at
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the same time to deposit a ballot for presidential electors in a
receptacle as [hereinabove] provided in this section. When the
votes for presidential electors are counted, the votes appearing
upon the counter or registering device corresponding to the
ballot label containing the names of the candidates for
President and Vice-President of any party or body shall be
counted as votes for each of the candidates for presidential
elector of such party or body, and thereupon all candidates for
presidential elector shall be credited, in addition, with the
votes cast for them upon the ballots deposited in the machine,
as [hereinabove] provided in this section.
* * *
Section 1222. Count and Return of Votes in Districts in
Which Ballots are Used.--
(a) As soon as all the ballots have been properly accounted
for, and those outside the ballot box, as well as the "Voting
Check List," numbered lists of voters and district register
sealed, the election officers shall forthwith open the ballot
box, and take therefrom all ballots therein, and at primaries,
separate the same according to the party to which they belong.
The ballots shall then be counted one by one, and a record made
of the total number, and at primaries of the total number cast
for each party. Then the judge, under the scrutiny of the
minority inspector, or the minority inspector, under the
scrutiny of the judge, in the presence of the other officers,
clerks, and of the overseers, if any, and within the hearing and
sight of the watchers outside the enclosed space, shall read
aloud the names of the candidates marked or inserted upon each
ballot (at primaries the ballots of each party being read in
sequence), together with the office for which the person named
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is a candidate, and the answers contained on the ballots to the
questions submitted, if any, and the majority inspector and
clerks shall carefully enter each vote as read, and keep account
of the same in ink in triplicate tally papers (triplicate tally
papers for each party at primaries) to be provided by the county
board of elections for that purpose, all three of which shall be
made at the same time.[: Provided, That at all general,
municipal and special elections, in entering each vote received
by candidates at such election, it shall not be necessary to
enter separate tally marks for each vote received by such
candidates upon the ballots containing the same votes for the
same names, commonly known, and in this act designated as
"Straight Party Tickets" for such purpose straight party ticket
votes shall be entered carefully as each straight party ticket
vote is read on the triplicate tally sheets under the heading
"Number of votes received upon
the .............................. straight party tickets." Upon
completing the number of votes received by each straight party
ticket, the number so tallied for each party shall be entered
numerically on the extreme right hand margin of each such tally
paper.] All ballots, after being removed from the box, shall be
kept within the unobstructed view of all persons in the voting
room until replaced in the box. No person while handling the
ballots shall have in his hand any pencil, pen, stamp or other
means of marking or spoiling any ballot. The election officers
shall forthwith proceed to canvass and compute the votes cast,
and shall not adjourn or postpone the canvass or computation
until it shall have been fully completed.
(b) When the vote cast for the different persons named upon
the ballots and upon the questions, if any, appearing thereon,
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shall have been fully recorded in the tally papers and counted,
the election officers shall duly certify to the number of votes
cast for each person (upon the respective party tickets at
primaries), and shall prepare in ink two (2) general returns,
showing, in addition to the entries made thereon as aforesaid,
the total number of ballots received from the county board (the
total of each party at primaries), the number of ballots cast
(the number of each party at primaries), the number of ballots
(of each party at primaries) declared void, and the number of
ballots spoiled and cancelled, and any blank ballots cast, as
well as the votes cast for each candidate. At elections, the
number of votes cast for each candidate by each political party
or political body of which such candidate is a nominee shall be
separately stated.[: Provided, That the number of votes received
by each set of candidates upon "straight party tickets" shall be
entered opposite the names of the respective candidates in a
column immediately adjoining upon the left which column shall be
of convenient width and shall be headed "number of votes
received upon straight party tickets."] In an immediate column
to the left thereto, the number of votes received by each
candidate upon all ballots [other than "straight party tickets"
including all ballots known as "split tickets"] shall be
entered, such column to be of convenient width and shall be
headed "number of votes [received other than upon straight party
tickets." The number of votes received by each candidate as
shown in the column headed "number of votes received upon
straight party tickets" shall then be added, together with the
number of votes received by each candidate as shown in the
column headed "number of votes received other than upon straight
party tickets" and thereupon, the] received." The total number
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of votes received by each candidate shall be entered in a column
on the extreme right-hand side of the return sheets, which
column shall be of convenient width and shall be headed "total
number of votes."
Nothing in this section contained shall be construed to
authorize or permit the canvassing, counting or tallying ballots
with any less degree of strictness than otherwise required by
law.[, the intention of this section being to dispense with the
individual tally marks only so far as the so-called "straight
party tickets" are concerned, and all other operations of
tallying, counting, canvassing and announcing the votes shall
proceed as near as may be in accordance with the other
provisions of this act.]
* * *
Section 1223. What Ballots Shall Be Counted; Manner of
Counting; Defective Ballots.--(a) No ballot which is so marked
as to be capable of identification shall be counted. Any ballot
that is marked in blue, black or blue-black ink, in fountain pen
or ball point pen, or black lead pencil or indelible pencil,
shall be valid and counted: Provided, That all markings on the
ballot are made by the same pen or pencil. Any ballot marked by
any other mark than an (X) or check ( ) in the spaces provided
for that purpose shall be void and not counted: Provided,
however, That no vote recorded thereon shall be declared void
because a cross (X) or check ( ) mark thereon is irregular in
form. [Any erasure, mutilation or defective marking of the
straight party column at November elections shall render the
entire ballot void, unless the voter has properly indicated his
choice for candidates in any office block, in which case the
vote or votes for such candidates only shall be counted.] Any
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erasure or mutilation in the vote in any office block shall
render void the vote for any candidates in said block, but shall
not invalidate the votes cast on the remainder of the ballot, if
otherwise properly marked. Any ballot indicating a vote for any
person whose name is not printed on the ballot, by writing,
stamping or sticker, shall be counted as a vote for such person,
if placed in the proper space or spaces provided for that
purpose, whether or not an (X) or check ( ) is placed after the
name of such person: Provided, however, That if such writing,
stamping or sticker is placed over the name of a candidate
printed on the ballot, it shall render the entire vote in said
office block void. If an elector shall mark his ballot for more
persons for any office than there are candidates to be voted for
for such office, or if, for any reason, it may be impossible to
determine his choice for any office, his ballot shall not be
counted for such office, but the ballot shall be counted for all
offices for which it is properly marked. Ballots not marked, or
improperly or defectively marked, so that the whole ballot is
void, shall be set aside and shall be preserved with the other
ballots.
* * *
Section 2. This act shall apply to elections held on or
after January 1, 2020.
Section 3. This act shall take effect immediately.
SECTION 1. SECTION 102(Z.5)(3) OF THE ACT OF JUNE 3, 1937
(P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE, IS
AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
READ:
SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS, WHEN USED IN
THIS ACT, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS OTHERWISE
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CLEARLY APPARENT FROM THE CONTEXT:
* * *
(Z.5) THE WORDS "PROOF OF IDENTIFICATION" SHALL MEAN:
* * *
(3) FOR A QUALIFIED ABSENTEE ELECTOR UNDER SECTION 1301 OR A
QUALIFIED MAIL-IN ELECTOR UNDER SECTION 1301-D:
(I) IN THE CASE OF AN ELECTOR WHO HAS BEEN ISSUED A CURRENT
AND VALID DRIVER'S LICENSE, THE ELECTOR'S DRIVER'S LICENSE
NUMBER;
(II) IN THE CASE OF AN ELECTOR WHO HAS NOT BEEN ISSUED A
CURRENT AND VALID DRIVER'S LICENSE, THE LAST FOUR DIGITS OF THE
ELECTOR'S SOCIAL SECURITY NUMBER;
(III) IN THE CASE OF AN ELECTOR WHO HAS A RELIGIOUS
OBJECTION TO BEING PHOTOGRAPHED, A COPY OF A DOCUMENT THAT
SATISFIES PARAGRAPH (1); OR
(IV) IN THE CASE OF AN ELECTOR WHO HAS NOT BEEN ISSUED A
CURRENT AND VALID DRIVER'S LICENSE OR SOCIAL SECURITY NUMBER, A
COPY OF A DOCUMENT THAT SATISFIES PARAGRAPH (2).
(Z.6) THE WORDS "QUALIFIED MAIL-IN ELECTOR" SHALL MEAN A
QUALIFIED ELECTOR WHO IS NOT A QUALIFIED ABSENTEE ELECTOR.
SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 207. REQUIREMENTS FOR DISAPPROVAL OR DECERTIFICATION
OF VOTING APPARATUSES.--(A) THE COMMONWEALTH MAY NOT DISAPPROVE
OR DECERTIFY A VOTING APPARATUS IN FIFTY PER CENTUM (50%) OR
MORE COUNTIES UNTIL THE REQUIREMENTS OF THIS SECTION HAVE BEEN
MET.
(B) IF THE COMMONWEALTH INTENDS TO MAKE A DISAPPROVAL OR
DECERTIFICATION UNDER SUBSECTION (A), THE DEPARTMENT OF STATE
MUST SUBMIT A WRITTEN PLAN TO THE PRESIDENT PRO TEMPORE OF THE
SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE
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APPROPRIATIONS COMMITTEE OF THE SENATE, THE APPROPRIATIONS
COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE STATE GOVERNMENT
COMMITTEE OF THE SENATE AND THE STATE GOVERNMENT COMMITTEE OF
THE HOUSE OF REPRESENTATIVES AT LEAST ONE HUNDRED EIGHTY (180)
DAYS PRIOR TO THE EFFECTIVE DATE OF THE REPLACEMENT VOTING
APPARATUSES, CONTAINING ALL OF THE FOLLOWING INFORMATION:
(1) THE REASON FOR THE DISAPPROVAL OR DECERTIFICATION.
(2) THE ESTIMATED COST TO REPLACE THE DISAPPROVED OR
DECERTIFIED VOTING APPARATUS AND THE PLAN FOR HOW FUNDING WILL
BE OBTAINED TO COVER THE ESTIMATED COST.
(3) A PLAN FOR REPLACING THE DISAPPROVED OR DECERTIFIED
VOTING APPARATUS.
(4) THE EFFECTIVE DATE OF THE REPLACEMENT VOTING APPARATUS.
(C) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
"ELECTRONIC VOTING SYSTEM" SHALL HAVE THE MEANING GIVEN TO
THE TERM IN SECTION 1101-A.
"VOTING APPARATUS" SHALL MEAN A KIND OR TYPE OF ELECTRONIC
VOTING SYSTEM THAT RECEIVED THE APPROVAL OF THE SECRETARY OF THE
COMMONWEALTH UNDER SECTION 1105-A.
SECTION 3. SECTIONS 412.2, 536(A) AND (B), 630.1, 908, 909,
910, 951(D), 976, 981.1, 993(A), 998(A) AND (B), 1002(A) AND
(B), 1003(A) AND (E), 1004, 1007, 1008, 1107(B), 1110(H), 1107-
A(3), 1109-A(A)(2) AND (D), 1112-A(A)(2) AND (4) AND (B)(4),
1113-A(D), 1210(A.4)(1) AND (5)(II), 1215(B) AND (C), 1216(D)
AND (F), 1222, 1223(A) AND 1227(D) OF THE ACT ARE AMENDED TO
READ:
SECTION 412.2. COMPENSATION OF DISTRICT ELECTION OFFICERS.--
(A) IN ALL COUNTIES REGARDLESS OF CLASS, [THE COMPENSATION OF]
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JUDGES OF ELECTION, INSPECTORS OF ELECTION, CLERKS AND MACHINE
OPERATORS SHALL BE PAID COMPENSATION AS FIXED BY THE COUNTY
BOARD OF ELECTIONS FOR EACH ELECTION [IN ACCORDANCE WITH THE
FOLLOWING:
ELECTION OFFICERS MINIMUM MAXIMUM
COMPENSATION COMPENSATION
JUDGES OF ELECTION $75 $200
INSPECTORS OF ELECTION $75 $195
CLERKS AND MACHINE OPERATORS $70 $195]
, WHICH AMOUNT SHALL BE AT LEAST $75 AND NOT MORE THAN $200.
(A.1) AN ELECTION OFFICER SHALL RECEIVE ADDITIONAL
COMPENSATION, AS FIXED BY THE COUNTY BOARD OF ELECTIONS, FOR
PARTICIPATING IN ELECTION TRAINING.
(A.2) A JUDGE OF ELECTION SHALL RECEIVE ADDITIONAL
COMPENSATION, AS FIXED BY THE COUNTY BOARD OF ELECTIONS, FOR
PICKING UP AND RETURNING ELECTION MATERIALS.
(B) IF A COUNTY BOARD OF ELECTIONS AUTHORIZES THAT THE
DUTIES OF A CLERK OF ELECTIONS OR MACHINE OPERATOR MAY BE
PERFORMED BY TWO INDIVIDUALS WHO EACH PERFORM [SUCH] THE DUTIES
FOR ONE-HALF OF AN ELECTION DAY, [SUCH INDIVIDUALS SHALL EACH]
EACH INDIVIDUAL SHALL BE COMPENSATED AT ONE-HALF OF THE RATE
AUTHORIZED FOR A SINGLE INDIVIDUAL WHO PERFORMS THE DUTIES FOR
THE ENTIRE ELECTION DAY.
(C) THE COUNTY BOARD OF ELECTIONS MAY[, IN ITS DISCRETION,]
ESTABLISH DIFFERENT PER DIEM RATES WITHIN [THE MINIMA AND MAXIMA
PROVIDED FOR IN] MINIMUM AND MAXIMUM RATES PROVIDED FOR UNDER
SUBSECTION (A) BASED ON THE NUMBER OF VOTES CAST FOR THE
FOLLOWING GROUPS:
(1) 150 VOTES OR FEWER.
(2) 151 TO 300 VOTES.
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(3) 301 TO 500 VOTES.
(4) 501 TO 750 VOTES.
(5) 751 VOTES AND OVER.
(D) FOR TRANSMITTING RETURNS OF ELECTIONS AND THE BALLOT BOX
OR BOXES, ALL JUDGES OF ELECTION SHALL BE ENTITLED TO RECEIVE
THE ADDITIONAL SUM OF [TWENTY DOLLARS ($20)] $20.
(E) THE COUNTY BOARD OF ELECTIONS MAY[, IN ITS DISCRETION,]
REQUIRE THE MINORITY INSPECTOR OF ELECTION TO ACCOMPANY THE
JUDGE OF ELECTION IN TRANSMITTING THE RETURNS OF ELECTIONS, IN
WHICH CASE THE MINORITY INSPECTOR OF ELECTION SHALL BE ENTITLED
TO RECEIVE THE ADDITIONAL SUM OF [TWENTY DOLLARS ($20)] $20.
(F) THE [PERSON] INDIVIDUAL FURNISHING TRANSPORTATION TO THE
JUDGE OF ELECTION AND THE MINORITY INSPECTOR IN TRANSMITTING
RETURNS AND BALLOT BOXES SHALL BE ENTITLED TO A MINIMUM OF
[THIRTY-FIVE CENTS (35¢)] 35¢ PER CIRCULAR MILE FROM THE POLLING
PLACE TO THE COUNTY COURT HOUSE. THE NAME OF [SUCH PERSON] THE
INDIVIDUAL SHALL APPEAR ON THE VOUCHER OF THE JUDGE OF
ELECTION[, AND ONLY ONE PERSON SHALL] AND ONLY ONE INDIVIDUAL
MAY RECEIVE MILEAGE COMPENSATION.
(H) WHEN A PRIMARY AND SPECIAL ELECTION OR A SPECIAL
ELECTION AND A GENERAL OR MUNICIPAL ELECTION TAKE PLACE ON THE
SAME DATE, [THEY] THE ELECTIONS SHALL BE CONSTRUED AS ONE
ELECTION FOR THE PURPOSE OF RECEIVING COMPENSATION.
(I) COMPENSATION AND OTHER PAYMENTS RECEIVED BY ELECTION
OFFICIALS [PURSUANT TO] UNDER THIS SECTION SHALL NOT BE DEEMED
INCOME CLASSIFIED AND CATEGORIZED UNDER SECTION 303 OF THE ACT
OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE "TAX REFORM CODE OF
1971."
SECTION 536. RESTRICTIONS ON ALTERATION.--(A) EXCEPT AS
PROVIDED IN SUBSECTION (B), THERE SHALL BE NO POWER TO
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ESTABLISH, ABOLISH, DIVIDE, CONSOLIDATE OR ALTER IN ANY MANNER
AN ELECTION DISTRICT DURING THE PERIOD [JULY 15, 2009] FROM
DECEMBER 31, 2019, THROUGH NOVEMBER 30, [2012] 2022, OR THROUGH
RESOLUTION OF ALL JUDICIAL APPEALS TO THE [2012] 2022
CONGRESSIONAL REDISTRICTING PLAN, WHICHEVER OCCURS LATER.
(B) DURING THE PERIOD FROM [JULY 15, 2009] DECEMBER 31,
2019, THROUGH DECEMBER 31, [2010] 2020, AN ELECTION DISTRICT MAY
BE DIVIDED OR ELECTION DISTRICTS MAY BE COMBINED IF THE
FOLLOWING ARE MET:
(1) IN THE CASE OF THE DIVISION OF AN ELECTION DISTRICT, THE
BOUNDARY OF EACH RESULTING DISTRICT IS COMPOSED ENTIRELY OF
CLEARLY VISIBLE PHYSICAL FEATURES CONFORMING WITH THE CENSUS
BLOCK LINES OR PORTIONS OF THE ORIGINAL BOUNDARY OF THE ELECTION
DISTRICT WHICH WAS DIVIDED.
(2) IN THE CASE OF THE COMBINATION OF ELECTION DISTRICTS,
THE BOUNDARY OF EACH RESULTING DISTRICT IS COMPOSED ENTIRELY OF
PORTIONS OF THE ORIGINAL BOUNDARIES OF THE ELECTION DISTRICTS
WHICH WERE COMBINED.
* * *
SECTION 630.1. AFFIDAVITS OF CANDIDATES.--EACH CANDIDATE FOR
ANY STATE, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP,
SCHOOL DISTRICT OR POOR DISTRICT OFFICE, OR FOR THE OFFICE OF
UNITED STATES SENATOR OR REPRESENTATIVE IN CONGRESS, SELECTED AS
PROVIDED IN SECTION 630 OF THIS ACT, SHALL FILE WITH THE
NOMINATION CERTIFICATE AN AFFIDAVIT STATING--(A) HIS RESIDENCE,
WITH STREET AND NUMBER, IF ANY, AND HIS POST-OFFICE ADDRESS; (B)
HIS ELECTION DISTRICT, GIVING CITY, BOROUGH, TOWN OR TOWNSHIP;
(C) THE NAME OF THE OFFICE FOR WHICH HE CONSENTS TO BE A
CANDIDATE; (D) THAT HE IS ELIGIBLE FOR SUCH OFFICE; (E) THAT HE
WILL NOT KNOWINGLY VIOLATE ANY PROVISION OF THIS ACT, OR OF ANY
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LAW REGULATING AND LIMITING ELECTION EXPENSES AND PROHIBITING
CORRUPT PRACTICES IN CONNECTION THEREWITH; (F) UNLESS HE IS A
CANDIDATE FOR JUDGE OF A COURT OF COMMON PLEAS, THE PHILADELPHIA
MUNICIPAL COURT [OR THE TRAFFIC COURT OF PHILADELPHIA,] OR FOR
THE OFFICE OF SCHOOL BOARD IN A DISTRICT WHERE THAT OFFICE IS
ELECTIVE OR FOR THE OFFICE OF JUSTICE OF THE PEACE, THAT HE IS
NOT A CANDIDATE FOR THE SAME OFFICE OF ANY PARTY OR POLITICAL
BODY OTHER THAN THE ONE DESIGNATED IN SUCH CERTIFICATE; (G) THAT
HE IS AWARE OF THE PROVISIONS OF SECTION 1626 OF THIS ACT
REQUIRING ELECTION AND POST-ELECTION REPORTING OF CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES; AND (H) THAT HE IS NOT A
CANDIDATE FOR AN OFFICE WHICH HE ALREADY HOLDS, THE TERM OF
WHICH IS NOT SET TO EXPIRE IN THE SAME YEAR AS THE OFFICE
SUBJECT TO THE AFFIDAVIT.
SECTION 908. MANNER OF SIGNING NOMINATION PETITIONS; TIME OF
CIRCULATING.--EACH SIGNER OF A NOMINATION PETITION SHALL SIGN
BUT ONE SUCH PETITION FOR EACH OFFICE TO BE FILLED, AND SHALL
DECLARE THEREIN THAT HE IS A REGISTERED AND ENROLLED MEMBER OF
THE PARTY DESIGNATED IN SUCH PETITION: PROVIDED, HOWEVER, THAT
WHERE THERE ARE TO BE ELECTED TWO OR MORE PERSONS TO THE SAME
OFFICE, EACH SIGNER MAY SIGN PETITIONS FOR AS MANY CANDIDATES
FOR SUCH OFFICE AS, AND NO MORE THAN, HE COULD VOTE FOR AT THE
SUCCEEDING ELECTION. HE SHALL ALSO DECLARE THEREIN THAT HE IS A
QUALIFIED ELECTOR OF THE COUNTY THEREIN NAMED, AND IN CASE THE
NOMINATION IS NOT TO BE MADE OR CANDIDATES ARE NOT TO BE ELECTED
BY THE ELECTORS OF THE STATE AT LARGE, OF THE POLITICAL DISTRICT
THEREIN NAMED, IN WHICH THE NOMINATION IS TO BE MADE OR THE
ELECTION IS TO BE HELD. HE SHALL ADD HIS [RESIDENCE] ADDRESS
WHERE HE IS DULY REGISTERED AND ENROLLED, GIVING CITY, BOROUGH
OR TOWNSHIP, WITH STREET AND NUMBER, IF ANY, AND SHALL LEGIBLY
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PRINT HIS NAME AND ADD THE DATE OF SIGNING, EXPRESSED IN WORDS
OR NUMBERS: PROVIDED, HOWEVER, THAT IF THE SAID POLITICAL
DISTRICT NAMED IN THE PETITION LIES WHOLLY WITHIN ANY CITY,
BOROUGH OR TOWNSHIP, OR IS COEXTENSIVE WITH SAME, IT SHALL NOT
BE NECESSARY FOR ANY SIGNER OF A NOMINATION PETITION TO STATE
THEREIN THE CITY, BOROUGH OR TOWNSHIP OF HIS RESIDENCE. NO
NOMINATION PETITION SHALL BE CIRCULATED PRIOR TO THE THIRTEENTH
TUESDAY BEFORE THE PRIMARY, AND NO SIGNATURE SHALL BE COUNTED
UNLESS IT BEARS A DATE AFFIXED NOT EARLIER THAN THE THIRTEENTH
TUESDAY NOR LATER THAN THE TENTH TUESDAY PRIOR TO THE PRIMARY.
SECTION 909. PETITION MAY CONSIST OF SEVERAL SHEETS;
[AFFIDAVIT] STATEMENT OF CIRCULATOR.--SAID NOMINATION PETITION
MAY BE ON ONE OR MORE SHEETS, AND DIFFERENT SHEETS MUST BE USED
FOR SIGNERS RESIDENT IN DIFFERENT COUNTIES. IF MORE THAN ONE
SHEET IS USED, THEY SHALL BE BOUND TOGETHER WHEN OFFERED FOR
FILING IF THEY ARE INTENDED TO CONSTITUTE ONE PETITION, AND EACH
SHEET SHALL BE NUMBERED CONSECUTIVELY BEGINNING WITH NUMBER ONE,
AT THE FOOT OF EACH PAGE. IN CASES OF PETITIONS FOR DELEGATE OR
ALTERNATE DELEGATE TO NATIONAL CONVENTIONS, EACH SHEET SHALL
CONTAIN A NOTATION INDICATING THE PRESIDENTIAL CANDIDATE TO WHOM
HE IS COMMITTED OR THE TERM "UNCOMMITTED." EACH SHEET SHALL HAVE
APPENDED THERETO THE [AFFIDAVIT] STATEMENT OF THE CIRCULATOR OF
EACH SHEET, SETTING FORTH, SUBJECT TO THE PENALTIES OF 18
PA.C.S. § 4904 (RELATING TO UNSWORN FALSIFICATION TO
AUTHORITIES)--(A) THAT HE OR SHE IS A QUALIFIED ELECTOR OF THE
COMMONWEALTH, WHO IS DULY REGISTERED AND ENROLLED AS A MEMBER OF
THE [DESIGNATED PARTY OF THE STATE, OR OF THE POLITICAL
DISTRICT, AS THE CASE MAY BE, REFERRED TO] PARTY DESIGNATED IN
SAID PETITION, UNLESS SAID PETITION RELATES TO THE NOMINATION OF
A CANDIDATE FOR A COURT OF COMMON PLEAS, FOR THE PHILADELPHIA
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MUNICIPAL COURT [OR FOR THE TRAFFIC COURT OF PHILADELPHIA] OR
FOR JUSTICE OF THE PEACE, IN WHICH EVENT THE CIRCULATOR NEED NOT
BE A DULY REGISTERED AND ENROLLED MEMBER OF THE DESIGNATED
PARTY; (B) HIS RESIDENCE, GIVING CITY, BOROUGH OR TOWNSHIP, WITH
STREET AND NUMBER, IF ANY; (C) THAT THE SIGNERS THERETO SIGNED
WITH FULL KNOWLEDGE OF THE CONTENTS OF THE PETITION; (D) THAT
THEIR RESPECTIVE RESIDENCES ARE CORRECTLY STATED THEREIN; (E)
THAT THEY ALL RESIDE IN THE COUNTY NAMED IN THE [AFFIDAVIT]
STATEMENT; (F) THAT EACH SIGNED ON THE DATE SET OPPOSITE HIS
NAME; AND (G) THAT, TO THE BEST OF [AFFIANT'S] THE CIRCULATOR'S
KNOWLEDGE AND BELIEF, THE SIGNERS ARE QUALIFIED ELECTORS AND
DULY REGISTERED AND ENROLLED MEMBERS OF THE DESIGNATED PARTY OF
THE STATE, OR OF THE POLITICAL DISTRICT, AS THE CASE MAY BE.
SECTION 910. AFFIDAVITS OF CANDIDATES.--EACH CANDIDATE FOR
ANY STATE, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP,
WARD, SCHOOL DISTRICT, POOR DISTRICT, ELECTION DISTRICT, PARTY
OFFICE, PARTY DELEGATE OR ALTERNATE, OR FOR THE OFFICE OF UNITED
STATES SENATOR OR REPRESENTATIVE IN CONGRESS, SHALL FILE WITH
HIS NOMINATION PETITION HIS AFFIDAVIT STATING--(A) HIS
RESIDENCE, WITH STREET AND NUMBER, IF ANY, AND HIS POST-OFFICE
ADDRESS; (B) HIS ELECTION DISTRICT, GIVING CITY, BOROUGH, TOWN
OR TOWNSHIP; (C) THE NAME OF THE OFFICE FOR WHICH HE CONSENTS TO
BE A CANDIDATE; (D) THAT HE IS ELIGIBLE FOR SUCH OFFICE; (E)
THAT HE WILL NOT KNOWINGLY VIOLATE ANY PROVISION OF THIS ACT, OR
OF ANY LAW REGULATING AND LIMITING NOMINATION AND ELECTION
EXPENSES AND PROHIBITING CORRUPT PRACTICES IN CONNECTION
THEREWITH; (F) UNLESS HE IS A CANDIDATE FOR JUDGE OF A COURT OF
COMMON PLEAS, THE PHILADELPHIA MUNICIPAL COURT [OR THE TRAFFIC
COURT OF PHILADELPHIA,] OR FOR THE OFFICE OF SCHOOL DIRECTOR IN
A DISTRICT WHERE THAT OFFICE IS ELECTIVE OR FOR THE OFFICE OF
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JUSTICE OF THE PEACE THAT HE IS NOT A CANDIDATE FOR NOMINATION
FOR THE SAME OFFICE OF ANY PARTY OTHER THAN THE ONE DESIGNATED
IN SUCH PETITION; (G) IF HE IS A CANDIDATE FOR A DELEGATE, OR
ALTERNATE DELEGATE, MEMBER OF STATE COMMITTEE, NATIONAL
COMMITTEE OR PARTY OFFICER, THAT HE IS A REGISTERED AND ENROLLED
MEMBER OF THE DESIGNATED PARTY; (H) IF HE IS A CANDIDATE FOR
DELEGATE OR ALTERNATE DELEGATE THE PRESIDENTIAL CANDIDATE TO
WHOM HE IS COMMITTED OR THE TERM "UNCOMMITTED"; (I) THAT HE IS
AWARE OF THE PROVISIONS OF SECTION 1626 OF THIS ACT REQUIRING
PRE-ELECTION AND POST-ELECTION REPORTING OF CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES; AND (J) THAT HE IS NOT A
CANDIDATE FOR AN OFFICE WHICH HE ALREADY HOLDS, THE TERM OF
WHICH IS NOT SET TO EXPIRE IN THE SAME YEAR AS THE OFFICE
SUBJECT TO THE AFFIDAVIT. IN CASES OF PETITIONS FOR DELEGATE AND
ALTERNATE DELEGATE TO NATIONAL CONVENTIONS, THE CANDIDATE'S
AFFIDAVIT SHALL STATE THAT HIS SIGNATURE TO THE DELEGATE'S
STATEMENT, AS HEREINAFTER SET FORTH, IF SUCH STATEMENT IS SIGNED
BY SAID CANDIDATE, WAS AFFIXED TO THE SHEET OR SHEETS OF SAID
PETITION PRIOR TO THE CIRCULATION OF SAME. IN THE CASE OF A
CANDIDATE FOR NOMINATION AS PRESIDENT OF THE UNITED STATES, IT
SHALL NOT BE NECESSARY FOR SUCH CANDIDATE TO FILE THE AFFIDAVIT
REQUIRED IN THIS SECTION TO BE FILED BY CANDIDATES, BUT THE
POST-OFFICE ADDRESS OF SUCH CANDIDATE SHALL BE STATED IN SUCH
NOMINATION PETITION.
SECTION 951. NOMINATIONS BY POLITICAL BODIES.--* * *
(D) NOMINATION PAPERS MAY BE ON ONE OR MORE SHEETS AND
DIFFERENT SHEETS MUST BE USED FOR SIGNERS RESIDENT IN DIFFERENT
COUNTIES. IF MORE THAN ONE SHEET IS USED, THEY SHALL BE BOUND
TOGETHER WHEN OFFERED FOR FILING IF THEY ARE INTENDED TO
CONSTITUTE ONE NOMINATION PAPER, AND EACH SHEET SHALL BE
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NUMBERED CONSECUTIVELY, BEGINNING WITH NUMBER ONE (1) AT THE
FOOT OF EACH PAGE. EACH SHEET SHALL HAVE APPENDED THERETO THE
[AFFIDAVIT] STATEMENT OF SOME PERSON, NOT NECESSARILY A SIGNER,
AND NOT NECESSARILY THE SAME PERSON ON EACH SHEET, SETTING
FORTH, SUBJECT TO THE PENALTIES OF 18 PA.C.S. § 4904 (RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES)--[(1) THAT THE AFFIANT
IS A QUALIFIED ELECTOR OF THE STATE, OR OF THE ELECTORAL
DISTRICT, AS THE CASE MAY BE, REFERRED TO IN THE NOMINATION
PAPER;] (2) [HIS] THE PERSON'S RESIDENCE, GIVING CITY, BOROUGH
OR TOWNSHIP WITH STREET AND NUMBER, IF ANY; (3) THAT THE SIGNERS
SIGNED WITH FULL KNOWLEDGE OF THE CONTENTS OF THE NOMINATION
PAPER; (4) THAT THEIR RESPECTIVE RESIDENCES ARE CORRECTLY STATED
THEREIN; (5) THAT THEY ALL RESIDE IN THE COUNTY NAMED IN THE
[AFFIDAVIT] STATEMENT; (6) THAT EACH SIGNED ON THE DATE SET
OPPOSITE HIS NAME; AND (7) THAT, TO THE BEST OF [AFFIANT'S] THE
PERSON'S KNOWLEDGE AND BELIEF, THE SIGNERS ARE QUALIFIED
ELECTORS OF THE STATE, OR OF THE ELECTORAL DISTRICT, AS THE CASE
MAY BE.
* * *
SECTION 976. EXAMINATION OF NOMINATION PETITIONS,
CERTIFICATES AND PAPERS; RETURN OF REJECTED NOMINATION
PETITIONS, CERTIFICATES AND PAPERS.--WHEN ANY NOMINATION
PETITION, NOMINATION CERTIFICATE OR NOMINATION PAPER IS
PRESENTED IN THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH OR
OF ANY COUNTY BOARD OF ELECTIONS FOR FILING WITHIN THE PERIOD
LIMITED BY THIS ACT, IT SHALL BE THE DUTY OF THE SAID OFFICER OR
BOARD TO EXAMINE THE SAME. NO NOMINATION PETITION, NOMINATION
PAPER OR NOMINATION CERTIFICATE SHALL BE PERMITTED TO BE FILED
IF--(A) IT CONTAINS MATERIAL ERRORS OR DEFECTS APPARENT ON THE
FACE THEREOF, OR ON THE FACE OF THE APPENDED OR ACCOMPANYING
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AFFIDAVITS; OR (B) IT CONTAINS MATERIAL ALTERATIONS MADE AFTER
SIGNING WITHOUT THE CONSENT OF THE SIGNERS; OR (C) IT DOES NOT
CONTAIN A SUFFICIENT NUMBER OF SIGNATURES AS REQUIRED BY LAW;
PROVIDED, HOWEVER, THAT THE SECRETARY OF THE COMMONWEALTH OR THE
COUNTY BOARD OF ELECTIONS, ALTHOUGH NOT HEREBY REQUIRED SO TO
DO, MAY QUESTION THE GENUINENESS OF ANY SIGNATURE OR SIGNATURES
APPEARING THEREON, AND IF HE OR IT SHALL THEREUPON FIND THAT ANY
SUCH SIGNATURE OR SIGNATURES ARE NOT GENUINE, SUCH SIGNATURE OR
SIGNATURES SHALL BE DISREGARDED IN DETERMINING WHETHER THE
NOMINATION PETITION, NOMINATION PAPER OR NOMINATION CERTIFICATE
CONTAINS A SUFFICIENT NUMBER OF SIGNATURES AS REQUIRED BY LAW;
OR (D) IN THE CASE OF NOMINATION PETITIONS, IF NOMINATION
PETITIONS HAVE BEEN FILED FOR PRINTING THE NAME OF THE SAME
PERSON FOR THE SAME OFFICE, EXCEPT THE OFFICE OF JUDGE OF A
COURT OF COMMON PLEAS, THE PHILADELPHIA MUNICIPAL COURT [OR THE
TRAFFIC COURT OF PHILADELPHIA,] OR THE OFFICE OF SCHOOL DIRECTOR
IN DISTRICTS WHERE THAT OFFICE IS ELECTIVE OR THE OFFICE OF
JUSTICE OF THE PEACE UPON THE OFFICIAL BALLOT OF MORE THAN ONE
POLITICAL PARTY; OR (E) IN THE CASE OF NOMINATION PAPERS, IF THE
CANDIDATE NAMED THEREIN HAS FILED A NOMINATION PETITION FOR ANY
PUBLIC OFFICE FOR THE ENSUING PRIMARY, OR HAS BEEN NOMINATED FOR
ANY SUCH OFFICE BY NOMINATION PAPERS PREVIOUSLY FILED; OR (F) IF
THE NOMINATION PETITIONS OR PAPERS ARE NOT ACCOMPANIED BY THE
FILING FEE OR CERTIFIED CHECK REQUIRED FOR SAID OFFICE; OR (G)
IN THE CASE OF NOMINATION PAPERS, THE APPELLATION SET FORTH
THEREIN IS IDENTICAL WITH OR DECEPTIVELY SIMILAR TO THE WORDS
USED BY ANY EXISTING PARTY OR BY ANY POLITICAL BODY WHICH HAS
ALREADY FILED NOMINATION PAPERS FOR THE SAME OFFICE, OR IF THE
APPELLATION SET FORTH THEREIN CONTAINS PART OF THE NAME, OR AN
ABBREVIATION OF THE NAME OR PART OF THE NAME OF AN EXISTING
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POLITICAL PARTY, OR OF A POLITICAL BODY WHICH HAS ALREADY FILED
NOMINATION PAPERS FOR THE SAME OFFICE. THE INVALIDITY OF ANY
SHEET OF A NOMINATION PETITION OR NOMINATION PAPER SHALL NOT
AFFECT THE VALIDITY OF SUCH PETITION OR PAPER IF A SUFFICIENT
PETITION OR PAPER REMAINS AFTER ELIMINATING SUCH INVALID SHEET.
THE ACTION OF SAID OFFICER OR BOARD IN REFUSING TO RECEIVE AND
FILE ANY SUCH NOMINATION PETITION, CERTIFICATE OR PAPER, MAY BE
REVIEWED BY THE COURT UPON AN APPLICATION TO COMPEL ITS
RECEPTION AS OF THE DATE WHEN IT WAS PRESENTED TO THE OFFICE OF
SUCH OFFICER OR BOARD: PROVIDED, HOWEVER, THAT SAID OFFICER OR
BOARD SHALL BE ENTITLED TO A REASONABLE TIME IN WHICH TO EXAMINE
ANY PETITIONS, CERTIFICATES OR PAPERS, AND TO SUMMON AND
INTERROGATE THE CANDIDATES NAMED THEREIN, OR THE PERSONS
PRESENTING SAID PETITIONS, CERTIFICATES OR PAPERS, AND HIS OR
THEIR RETENTION OF SAME FOR THE PURPOSE OF MAKING SUCH
EXAMINATION OR INTERROGATION SHALL NOT BE CONSTRUED AS AN
ACCEPTANCE OR FILING.
UPON COMPLETION OF ANY EXAMINATION, IF ANY NOMINATION
PETITION, CERTIFICATE OR PAPER IS FOUND TO BE DEFECTIVE, IT
SHALL FORTHWITH BE REJECTED AND RETURNED TO THE CANDIDATE OR ONE
OF THE CANDIDATES NAMED THEREIN, TOGETHER WITH A STATEMENT OF
THE REASONS FOR SUCH REJECTION:
PROVIDED FURTHER, THAT NO NOMINATION PETITION, NOMINATION
PAPER OR NOMINATION CERTIFICATE SHALL BE PERMITTED TO BE FILED,
IF THE POLITICAL PARTY OR POLITICAL BODY REFERRED TO THEREIN
SHALL BE COMPOSED OF A GROUP OF ELECTORS WHOSE PURPOSES OR AIMS,
OR ONE OF WHOSE PURPOSES OR AIMS, IS THE ESTABLISHMENT, CONTROL,
CONDUCT, SEIZURE OR OVERTHROW OF THE GOVERNMENT OF THE
COMMONWEALTH OF PENNSYLVANIA OR THE UNITED STATES OF AMERICA BY
THE USE OF FORCE, VIOLENCE, MILITARY MEASURE OR THREATS OF ONE
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OR MORE OF THE FOREGOING. THE AUTHORITY TO REJECT SUCH
NOMINATION PETITION, PAPER OR CERTIFICATE FOR THIS REASON SHALL,
WHEN FILED WITH THE SECRETARY OF THE COMMONWEALTH, BE VESTED IN
A COMMITTEE COMPOSED OF THE GOVERNOR, THE ATTORNEY GENERAL AND
THE SECRETARY OF THE COMMONWEALTH, AND WHEN FILED WITH ANY
COUNTY BOARD OF ELECTIONS SHALL BE VESTED IN SUCH BOARD. IF IN
SUCH CASE THE COMMITTEE OR BOARD, AS THE CASE MAY BE, SHALL
CONCLUDE THAT THE ACCEPTANCE OF SUCH NOMINATION PETITION, PAPER
OR CERTIFICATE SHOULD BE REFUSED, IT SHALL WITHIN TWO DAYS OF
THE FILING OF SUCH NOMINATION PETITION, PAPER OR CERTIFICATE FIX
A PLACE AND A TIME FIVE DAYS IN ADVANCE FOR HEARING THE MATTER,
AND NOTICE THEREOF SHALL BE GIVEN TO ALL PARTIES AFFECTED
THEREBY. AT THE TIME AND PLACE SO FIXED THE COMMITTEE OR BOARD,
AS THE CASE MAY BE, SHALL HEAR TESTIMONY, BUT SHALL NOT BE BOUND
BY TECHNICAL RULES OF EVIDENCE. THE TESTIMONY PRESENTED SHALL BE
STENOGRAPHICALLY RECORDED AND MADE A PART OF THE RECORD OF THE
COMMITTEE OR BOARD. WITHIN TWO DAYS AFTER SUCH HEARING THE
COMMITTEE OR BOARD, IF SATISFIED UPON COMPETENT EVIDENCE THAT
THE SAID NOMINATION PETITION, PAPER OR CERTIFICATE IS NOT
ENTITLED TO BE ACCEPTED AND FILED, IT SHALL ANNOUNCE ITS
DECISION AND IMMEDIATELY NOTIFY THE PARTIES AFFECTED THEREBY.
FAILURE TO ANNOUNCE DECISION WITHIN TWO DAYS AFTER SUCH HEARING
SHALL BE CONCLUSIVE THAT SUCH NOMINATION PETITION, PAPER OR
CERTIFICATE HAS BEEN ACCEPTED AND FILED. THE DECISION OF SAID
COMMITTEE OR BOARD IN REFUSING TO ACCEPT AND FILE SUCH
NOMINATION PETITION, PAPER OR CERTIFICATE MAY BE REVIEWED BY THE
COURT UPON AN APPLICATION TO COMPEL ITS RECEPTION AS OF THE DATE
WHEN PRESENTED TO THE SECRETARY OF THE COMMONWEALTH OR SUCH
BOARD. THE APPLICATION SHALL BE MADE WITHIN TWO DAYS OF THE TIME
WHEN SUCH DECISION IS ANNOUNCED. IF THE APPLICATION IS PROPERLY
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MADE, ANY JUDGE OF SAID COURT MAY FIX A TIME AND PLACE FOR
HEARING THE MATTER IN DISPUTE, OF WHICH NOTICE SHALL BE SERVED
WITH A COPY OF SAID APPLICATION UPON THE SECRETARY OF THE
COMMONWEALTH OR THE COUNTY BOARD OF ELECTIONS, AS THE CASE MAY
BE. AT THE TIME SO FIXED, THE COURT, OR ANY JUDGE THEREOF
ASSIGNED FOR THE PURPOSE, SHALL HEAR THE CASE DE NOVO. IF AFTER
SUCH HEARING THE SAID COURT SHALL FIND THAT THE DECISION OF THE
COMMITTEE OR THE BOARD WAS ERRONEOUS, IT SHALL ISSUE ITS MANDATE
TO THE COMMITTEE OR BOARD TO CORRECT ITS DECISION AND TO ACCEPT
AND FILE THE NOMINATION PAPER, PETITION OR CERTIFICATE. FROM ANY
DECISION OF THE COURT AN APPEAL MAY BE TAKEN WITHIN TWO DAYS
AFTER THE ENTRY THEREOF. IT SHALL BE THE DUTY OF THE SAID COURT
TO FIX THE HEARING AND TO ANNOUNCE ITS DECISION WITHIN SUCH
PERIOD OF TIME AS WILL PERMIT THE SECRETARY OF THE COMMONWEALTH
OR THE COUNTY BOARD OF ELECTIONS TO PERMIT THE NAMES OF THE
CANDIDATES AFFECTED BY THE COURT'S DECISION TO BE PRINTED ON THE
BALLOT, IF THE COURT SHOULD SO DETERMINE.
SECTION 981.1. AFFIDAVITS OF CANDIDATES.--EACH CANDIDATE FOR
ANY STATE, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP,
WARD, SCHOOL DISTRICT, POOR DISTRICT OR ELECTION DISTRICT
OFFICE, OR FOR THE OFFICE OF UNITED STATES SENATOR OR
REPRESENTATIVE IN CONGRESS, SELECTED AS PROVIDED IN SECTIONS 979
AND 980 OF THIS ACT, SHALL FILE WITH THE SUBSTITUTED NOMINATION
CERTIFICATE AN AFFIDAVIT STATING--(A) HIS RESIDENCE, WITH STREET
AND NUMBER, IF ANY, AND HIS POST-OFFICE ADDRESS; (B) HIS
ELECTION DISTRICT, GIVING CITY, BOROUGH, TOWN OR TOWNSHIP; (C)
THE NAME OF THE OFFICE FOR WHICH HE CONSENTS TO BE A CANDIDATE;
(D) THAT HE IS ELIGIBLE FOR SUCH OFFICE; (E) THAT HE WILL NOT
KNOWINGLY VIOLATE ANY PROVISION OF THIS ACT, OR OF ANY LAW
REGULATING AND LIMITING ELECTION EXPENSES AND PROHIBITING
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CORRUPT PRACTICES IN CONNECTION THEREWITH; (F) UNLESS HE IS A
CANDIDATE FOR JUDGE OF A COURT OF COMMON PLEAS, THE PHILADELPHIA
MUNICIPAL COURT [OR THE TRAFFIC COURT OF PHILADELPHIA,] OR FOR
THE OFFICE OF SCHOOL BOARD IN A DISTRICT WHERE THAT OFFICE IS
ELECTIVE OR FOR THE OFFICE OF JUSTICE OF THE PEACE, THAT HE IS
NOT A CANDIDATE FOR THE SAME OFFICE OF ANY PARTY OR POLITICAL
BODY OTHER THAN THE ONE DESIGNATED IN SUCH CERTIFICATE; (G) THAT
HE IS AWARE OF THE PROVISIONS OF SECTION 1626 OF THIS ACT
REQUIRING ELECTION AND POST-ELECTION REPORTING OF CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES; AND (H) THAT HE IS NOT A
CANDIDATE FOR AN OFFICE WHICH HE ALREADY HOLDS, THE TERM OF
WHICH IS NOT SET TO EXPIRE IN THE SAME YEAR AS THE OFFICE
SUBJECT TO THE AFFIDAVIT.
SECTION 993. FILLING OF CERTAIN VACANCIES IN PUBLIC OFFICE
BY MEANS OF NOMINATION CERTIFICATES AND NOMINATION PAPERS.--(A)
IN ALL CASES WHERE A VACANCY SHALL OCCUR FOR ANY CAUSE IN AN
ELECTIVE PUBLIC OFFICE, INCLUDING THAT OF JUDGE OF A COURT OF
RECORD, AT A TIME WHEN SUCH VACANCY IS REQUIRED BY THE
PROVISIONS OF THE CONSTITUTION OR THE LAWS OF THIS COMMONWEALTH
TO BE FILLED AT THE ENSUING ELECTION BUT AT A TIME WHEN
NOMINATIONS FOR SUCH OFFICE CANNOT BE MADE UNDER ANY OTHER
PROVISION OF THIS ACT, NOMINATIONS TO FILL SUCH VACANCIES SHALL
BE MADE BY POLITICAL PARTIES IN ACCORDANCE WITH PARTY RULES
RELATING TO THE FILLING OF VACANCIES BY MEANS OF NOMINATION
CERTIFICATES IN THE FORM PRESCRIBED IN SECTION NINE HUNDRED
NINETY-FOUR OF THIS ACT, AND BY POLITICAL BODIES BY MEANS OF
NOMINATION PAPERS IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS
NINE HUNDRED FIFTY-ONE, NINE HUNDRED FIFTY-TWO AND NINE HUNDRED
FIFTY-FOUR OF THIS ACT. NO SUCH NOMINATION CERTIFICATE SHALL
NOMINATE ANY PERSON WHO HAS ALREADY BEEN NOMINATED BY ANY OTHER
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POLITICAL PARTY OR BY ANY POLITICAL BODY FOR THE SAME OFFICE
UNLESS SUCH PERSON IS A CANDIDATE FOR THE OFFICE OF JUDGE OF A
COURT OF COMMON PLEAS, THE PHILADELPHIA MUNICIPAL COURT [OR THE
TRAFFIC COURT OF PHILADELPHIA,] OR FOR THE OFFICE OF SCHOOL
DIRECTOR IN DISTRICTS WHERE THAT OFFICE IS ELECTIVE OR FOR THE
OFFICE OF JUSTICE OF THE PEACE. NO SUCH NOMINATION PAPERS SHALL
NOMINATE ANY PERSON WHO HAS ALREADY BEEN NOMINATED BY ANY
POLITICAL PARTY OR BY ANY OTHER POLITICAL BODY FOR ANY OFFICE TO
BE FILLED AT THE ENSUING NOVEMBER ELECTION, UNLESS SUCH PERSON
IS A CANDIDATE FOR THE OFFICE OF JUDGE OF A COURT OF COMMON
PLEAS, THE PHILADELPHIA MUNICIPAL COURT [OR THE TRAFFIC COURT OF
PHILADELPHIA,] OR FOR THE OFFICE OF SCHOOL DIRECTOR IN DISTRICTS
WHERE THAT OFFICE IS ELECTIVE OR FOR THE OFFICE OF JUSTICE OF
THE PEACE.
* * *
SECTION 998. SUBSTITUTED NOMINATIONS TO FILL CERTAIN
VACANCIES FOR A NOVEMBER ELECTION.--(A) ANY VACANCY HAPPENING
OR EXISTING IN ANY PARTY NOMINATION MADE IN ACCORDANCE WITH THE
PROVISIONS OF SECTION NINE HUNDRED NINETY-THREE OF THIS ACT FOR
A NOVEMBER ELECTION BY REASON OF THE DEATH OR WITHDRAWAL OF ANY
CANDIDATE MAY BE FILLED BY A SUBSTITUTED NOMINATION MADE BY SUCH
COMMITTEE AS IS AUTHORIZED BY THE RULES OF THE PARTY TO MAKE
NOMINATIONS IN THE EVENT OF VACANCIES ON THE PARTY TICKET, IN
THE FORM PRESCRIBED BY SECTION NINE HUNDRED NINETY-FOUR OF THIS
ACT. BUT NO SUBSTITUTED NOMINATION CERTIFICATE SHALL NOMINATE
ANY PERSON WHO HAS ALREADY BEEN NOMINATED BY ANY OTHER POLITICAL
PARTY OR BY ANY POLITICAL BODY FOR THE SAME OFFICE, UNLESS SUCH
PERSON IS A CANDIDATE FOR THE OFFICE OF JUDGE OF A COURT OF
COMMON PLEAS, THE PHILADELPHIA MUNICIPAL COURT [OR THE TRAFFIC
COURT OF PHILADELPHIA,] OR FOR THE OFFICE OF SCHOOL DIRECTOR IN
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DISTRICTS WHERE THAT OFFICE IS ELECTIVE OR FOR THE OFFICE OF
JUSTICE OF THE PEACE.
(B) IN CASE OF THE DEATH OR WITHDRAWAL OF ANY CANDIDATE
NOMINATED BY A POLITICAL BODY FOR AN ELECTION, THE COMMITTEE
NAMED IN THE ORIGINAL NOMINATION PAPERS MAY NOMINATE A
SUBSTITUTE IN HIS PLACE BY FILING A SUBSTITUTED NOMINATION
CERTIFICATE IN THE FORM AND MANNER PRESCRIBED BY SECTION NINE
HUNDRED EIGHTY OF THIS ACT. IN THE CASE OF A VACANCY CAUSED BY
THE DEATH OF ANY CANDIDATE, SAID NOMINATION CERTIFICATE SHALL BE
ACCOMPANIED BY A DEATH CERTIFICATE PROPERLY CERTIFIED. NO
SUBSTITUTED NOMINATION CERTIFICATE SHALL NOMINATE ANY PERSON WHO
HAS ALREADY BEEN NOMINATED BY ANY POLITICAL PARTY OR BY ANY
OTHER POLITICAL BODY FOR ANY OFFICE TO BE FILLED AT THE ENSUING
NOVEMBER ELECTION, UNLESS SUCH PERSON IS A CANDIDATE FOR THE
OFFICE OF JUDGE OF A COURT OF COMMON PLEAS, THE PHILADELPHIA
MUNICIPAL COURT [OR THE TRAFFIC COURT OF PHILADELPHIA,] OR FOR
THE OFFICE OF SCHOOL DIRECTOR IN DISTRICTS WHERE THAT OFFICE IS
ELECTIVE OR FOR THE OFFICE OF JUSTICE OF THE PEACE.
* * *
SECTION 1002. FORM OF OFFICIAL PRIMARY BALLOT.--(A) AT
PRIMARIES SEPARATE OFFICIAL BALLOTS SHALL BE PREPARED FOR EACH
PARTY WHICH SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
OFFICIAL............................... PRIMARY BALLOT.
(NAME OF PARTY)
........DISTRICT,........WARD, CITY OF........................,
COUNTY OF..............................., STATE OF PENNSYLVANIA
........PRIMARY ELECTION HELD ON THE.....DAY OF........., 19...
MAKE A CROSS (X) OR CHECK ( ) IN THE SQUARE TO THE RIGHT OF
EACH CANDIDATE FOR WHOM YOU WISH TO VOTE. IF YOU DESIRE TO VOTE
FOR A PERSON WHOSE NAME IS NOT ON THE BALLOT, WRITE[, PRINT OR
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PASTE] OR STAMP HIS NAME IN THE BLANK SPACE PROVIDED FOR THAT
PURPOSE. MARK BALLOT ONLY IN BLACK LEAD PENCIL, INDELIBLE PENCIL
OR BLUE, BLACK OR BLUE-BLACK INK IN FOUNTAIN PEN OR BALL POINT
PEN. USE THE SAME PENCIL OR PEN FOR ALL MARKINGS YOU PLACE ON
THE BALLOT.
PRESIDENT OF THE UNITED STATES.
(VOTE FOR ONE)
JOHN DOE
RICHARD ROE
JOHN STILES
UNITED STATES SENATOR.
(VOTE FOR ONE)
JOHN DOE
RICHARD ROE
JOHN STILES
GOVERNOR.
(VOTE FOR ONE)
JOHN DOE
RICHARD ROE
JOHN STILES
REPRESENTATIVE IN CONGRESS.....DISTRICT.
(VOTE FOR ONE)
JOHN DOE
RICHARD ROE
JOHN STILES
DELEGATES AT LARGE TO NATIONAL CONVENTION.
(VOTE FOR.....)
JOHN DOE
(COMMITTED TO JEREMIAH SMITH)
JOHN STILES
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(UNCOMMITTED)
DELEGATE TO NATIONAL CONVENTION.....DISTRICT.
(VOTE FOR.....)
JOHN DOE
(COMMITTED TO JEREMIAH SMITH)
JOHN STILES
(UNCOMMITTED)
SENATOR IN THE GENERAL ASSEMBLY.....DISTRICT.
(VOTE FOR ONE)
JOHN DOE
RICHARD ROE
JOHN STILES
MEMBER OF STATE COMMITTEE.
(VOTE FOR ONE)
JOHN DOE
RICHARD ROE
JOHN STILES
PARTY COMMITTEEMEN.
(VOTE FOR.....)
JOHN DOE
RICHARD ROE
JOHN STILES
(B) ON THE BACK OF EACH BALLOT SHALL BE PRINTED IN PROMINENT
TYPE THE WORDS "OFFICIAL PRIMARY BALLOT OF ........PARTY FOR"
FOLLOWED BY THE DESIGNATION OF THE ELECTION DISTRICT FOR WHICH
IT IS PREPARED, THE DATE OF THE PRIMARY AND THE FACSIMILE
SIGNATURES OF THE MEMBERS OF THE COUNTY BOARD OF ELECTIONS. THE
NAMES OF CANDIDATES SHALL IN ALL CASES BE ARRANGED UNDER THE
TITLE OF THE OFFICE FOR WHICH THEY ARE CANDIDATES, AND BE
PRINTED THEREUNDER IN THE ORDER DETERMINED BY THE CASTING OF
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LOTS AS PROVIDED BY THIS ACT. UNDER THE TITLE OF SUCH OFFICES
WHERE MORE THAN ONE CANDIDATE IS TO BE VOTED FOR, SHALL BE
PRINTED "VOTE FOR NOT MORE THAN ........" (THE BLANK SPACE TO
INDICATE THE NUMBER OF CANDIDATES TO BE VOTED FOR THE PARTICULAR
OFFICE.) AT THE RIGHT OF THE NAME OF EACH CANDIDATE THERE SHALL
BE A SQUARE OF SUFFICIENT SIZE FOR THE CONVENIENT INSERTION OF A
CROSS (X) OR CHECK ( ) MARK. THERE SHALL BE LEFT AT THE END OF
THE LIST OF CANDIDATES FOR EACH OFFICE (OR UNDER THE TITLE OF
THE OFFICE ITSELF IN CASE THERE BE NO CANDIDATES WHO HAVE FILED
NOMINATION PETITIONS THEREFOR) AS MANY BLANK SPACES AS THERE ARE
PERSONS TO BE VOTED FOR, FOR SUCH OFFICE, IN WHICH SPACE THE
ELECTOR MAY INSERT, BY WRITING OR STAMPING, THE NAME OF ANY
PERSON WHOSE NAME IS NOT PRINTED ON THE BALLOT AS A CANDIDATE
FOR SUCH OFFICE. OPPOSITE OR UNDER THE NAME OF EACH CANDIDATE,
EXCEPT CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED
STATES AND CANDIDATES FOR DELEGATE OR ALTERNATE DELEGATE TO A
NATIONAL PARTY CONVENTION, WHO IS TO BE VOTED FOR BY THE
ELECTORS OF MORE THAN ONE COUNTY, SHALL BE PRINTED THE NAME OF
THE COUNTY IN WHICH SUCH CANDIDATE RESIDES; AND OPPOSITE OR
UNDER THE NAME OF EACH CANDIDATE EXCEPT CANDIDATES FOR DELEGATE
OR ALTERNATE DELEGATE TO A NATIONAL PARTY CONVENTION WHO IS TO
BE VOTED FOR BY THE ELECTORS OF AN ENTIRE COUNTY OR ANY
CONGRESSIONAL, SENATORIAL OR REPRESENTATIVE DISTRICT WITHIN THE
COUNTY, SHALL BE PRINTED THE NAME OF THE CITY, BOROUGH, TOWNSHIP
OR WARD, AS THE CASE MAY BE, IN WHICH SUCH CANDIDATE RESIDES.
* * *
SECTION 1003. FORM OF OFFICIAL ELECTION BALLOT.--
(A) THE OFFICIAL BALLOTS FOR GENERAL, MUNICIPAL AND SPECIAL
ELECTIONS SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
OFFICIAL BALLOT
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....................... DISTRICT, ........................ WARD,
CITY OF ........................, COUNTY OF ...................,
STATE OF PENNSYLVANIA ..........................................
ELECTION HELD ON THE .......... DAY OF ................, [19]
20.....
A CROSS (X) OR CHECK ( ) MARK IN THE SQUARE OPPOSITE THE NAME OF
ANY CANDIDATE INDICATES A VOTE FOR THAT CANDIDATE.
[TO VOTE A STRAIGHT PARTY TICKET, MARK A CROSS (X) OR CHECK
( ) IN THE SQUARE, IN THE PARTY COLUMN, OPPOSITE THE NAME OF THE
PARTY OF YOUR CHOICE. TO VOTE FOR AN INDIVIDUAL CANDIDATE OF
ANOTHER PARTY AFTER MAKING A MARK IN THE PARTY SQUARE, MARK A
CROSS (X) OR CHECK ( ) OPPOSITE HIS NAME. FOR AN OFFICE WHERE
MORE THAN ONE CANDIDATE IS TO BE VOTED FOR, THE VOTER, AFTER
MARKING IN THE PARTY SQUARE, MAY DIVIDE HIS VOTE BY MARKING A
CROSS (X) OR CHECK ( ) TO THE RIGHT OF EACH CANDIDATE FOR WHOM
HE OR SHE DESIRES TO VOTE. FOR SUCH OFFICE VOTES SHALL NOT BE
COUNTED FOR CANDIDATES NOT INDIVIDUALLY MARKED.]
TO VOTE FOR A PERSON WHOSE NAME IS NOT ON THE BALLOT, WRITE[,
PRINT OR PASTE] OR STAMP HIS NAME IN THE BLANK SPACE PROVIDED
FOR THAT PURPOSE. A CROSS (X) OR CHECK ( ) MARK IN THE SQUARE
OPPOSITE THE NAMES OF THE CANDIDATES OF ANY PARTY FOR PRESIDENT
AND VICE-PRESIDENT OF THE UNITED STATES INDICATES A VOTE FOR ALL
THE CANDIDATES OF THAT PARTY FOR PRESIDENTIAL ELECTOR. TO VOTE
FOR INDIVIDUAL CANDIDATES FOR PRESIDENTIAL ELECTOR, WRITE[,
PRINT OR PASTE] OR STAMP THEIR NAMES IN THE BLANK SPACES
PROVIDED FOR THAT PURPOSE UNDER THE TITLE "PRESIDENTIAL
ELECTORS." MARK BALLOT ONLY IN BLACK LEAD PENCIL, INDELIBLE
PENCIL OR BLUE, BLACK OR BLUE-BLACK INK, IN FOUNTAIN PEN OR BALL
POINT PEN; USE THE SAME PENCIL OR PEN FOR ALL MARKINGS YOU PLACE
ON THE BALLOT.
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BEFORE LEAVING THE VOTING COMPARTMENT, FOLD THIS BALLOT,
WITHOUT DISPLAYING THE MARKINGS THEREON, IN THE SAME WAY IT WAS
FOLDED WHEN RECEIVED, THEN LEAVE THE COMPARTMENT AND EXHIBIT THE
BALLOT TO ONE OF THE ELECTION OFFICERS WHO SHALL ASCERTAIN BY AN
INSPECTION OF THE NUMBER APPEARING UPON THE RIGHT HAND CORNER OF
THE BACK OF THE BALLOT WHETHER THE BALLOT SO EXHIBITED TO HIM IS
THE SAME BALLOT WHICH THE ELECTOR RECEIVED BEFORE ENTERING THE
VOTING COMPARTMENT. IF IT IS THE SAME, THE ELECTION OFFICER
SHALL DIRECT THE ELECTOR, WITHOUT UNFOLDING THE BALLOT, TO
REMOVE THE PERFORATED CORNER CONTAINING THE NUMBER, AND THE
ELECTOR SHALL IMMEDIATELY DEPOSIT THE BALLOT IN THE BALLOT BOX.
ANY BALLOT DEPOSITED IN A BALLOT BOX AT ANY PRIMARY OR ELECTION
WITHOUT HAVING THE SAID NUMBER TORN OFF SHALL BE VOID AND SHALL
NOT BE COUNTED.
[PARTY COLUMN PRESIDENTIAL ELECTORS
TO VOTE A STRAIGHT PARTY TICKET
MARK A CROSS (X) OR CHECK ( ) IN
THIS COLUMN.
(VOTE FOR THE CANDIDATES OF
ONE PARTY FOR PRESIDENT AND
VICE-PRESIDENT, OR INSERT THE
NAMES OF CANDIDATES.)
DEMOCRATIC
FOR
JOHN STILES
AND
RICHARD DOE,
DEMOCRATIC ...................
REPUBLICAN
FOR
JOHN DOE
AND
RICHARD ROE,
REPUBLICAN ...................
FOR
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SOCIALIST
JOHN SMITH
AND
WILLIAM JONES,
SOCIALIST ....................
CITIZENS]
PRESIDENTIAL ELECTORS.
(VOTE FOR THE CANDIDATES OF ONE PARTY FOR PRESIDENT AND VICE
PRESIDENT, OR INSERT THE NAMES OF CANDIDATES)
FOR
JOHN STILES AND RICHARD DOE......................... DEMOCRATIC
FOR
JOHN DOE AND RICHARD ROE............................ REPUBLICAN
FOR
JOHN SMITH AND WILLIAM JONES......................... SOCIALIST
FOR
........................ CITIZENS
UNITED STATES SENATOR.
(VOTE FOR ONE)
RICHARD ROE ......................................... DEMOCRATIC
JOHN DOE ............................................ REPUBLICAN
RICHARD STILES ....................................... SOCIALIST
GOVERNOR.
(VOTE FOR ONE)
RICHARD ROE ......................................... DEMOCRATIC
JOHN DOE ............................................ REPUBLICAN
RICHARD STILES ....................................... SOCIALIST
REPRESENTATIVES IN CONGRESS,
....... DISTRICT.
(VOTE FOR ONE)
RICHARD ROE ......................................... DEMOCRATIC
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JOHN DOE ............................................ REPUBLICAN
RICHARD STILES ....................................... SOCIALIST
SENATOR IN THE GENERAL ASSEMBLY,
....... DISTRICT.
(VOTE FOR ONE)
JOHN DOE ............................................ DEMOCRATIC
RICHARD ROE ......................................... REPUBLICAN
* * *
(E) THERE SHALL BE LEFT AT THE END OF THE GROUP OF
CANDIDATES FOR PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES
UNDER THE TITLE "PRESIDENTIAL ELECTORS," AS MANY BLANK SPACES AS
THERE ARE PRESIDENTIAL ELECTORS TO BE ELECTED, IN WHICH SPACES
THE ELECTOR MAY INSERT, BY WRITING OR STAMPING, THE NAMES OF ANY
INDIVIDUAL CANDIDATES FOR PRESIDENTIAL ELECTORS FOR WHOM HE
DESIRES TO VOTE. THERE SHALL ALSO BE LEFT AT THE END OF EACH
GROUP OF CANDIDATES FOR EACH OTHER OFFICE (OR UNDER THE TITLE OF
THE OFFICE ITSELF IN CASE NO CANDIDATES HAVE BEEN NOMINATED
THEREFOR), AS MANY BLANK SPACES AS THERE ARE PERSONS TO BE VOTED
FOR FOR SUCH OFFICE, IN WHICH SPACE THE ELECTOR MAY INSERT THE
NAME OF ANY PERSON OR PERSONS WHOSE NAME IS NOT PRINTED ON THE
BALLOT AS A CANDIDATE FOR SUCH OFFICE.
* * *
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,
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