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CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 885
PRINTER'S NO. 990
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
894
Session of
2021
INTRODUCED BY SOLOMON, HERRIN, T. DAVIS, SCHWEYER AND ISAACSON,
MARCH 15, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 15, 2021
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 party organization, further providing for who
shall be declared elected members of national or State
committee and party offices; 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; and, in returns of
primaries and elections, further providing for manner of
computing irregular ballots.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 810 and 1210(a) of the act of June 3,
1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, are amended to read:
Section 810. Who Shall Be Declared Elected Members of
National or State Committee and Party Offices.--Candidates of
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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
such office shall be filled by a vote of the party electors, who
receive a plurality of the votes of the party electors at a
primary, shall, except as provided under section 1405, be the
duly elected members of the State or National committee, as the
case may be, of their respective parties. Candidates for other
party offices, who receive a plurality of the votes of the party
electors at a primary, shall, except as provided under section
1405, be the party officers of their respective parties.
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
Register; Numbered Lists of Voters; Challenges.--(a) (1) At
every primary and election each elector who appears to vote and
who desires to vote shall first present to an election officer
proof of identification.
(2) The election officer shall examine the proof of
identification presented by the elector and sign an affidavit
stating that this has been done.
(3) During a primary election, each elector who did not
select an affiliation for a political party or political body on
the elector's official voter registration application prior to
the date of the primary election but is otherwise eligible to
vote in the primary election, may vote at the elector's polling
place by changing, at the polling place, party affiliation to
the party in which the elector wishes to vote on that day. The
party affiliation selected at that time shall continue until the
elector changes the party affiliation in accordance with this
act.
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* * *
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
election, shall compute and certify votes cast on irregular
ballots exactly as such names were written, stamped or deposited
in or on receptacles for that purpose, and as they have been so
returned by the election officers. In districts in which paper
ballots or ballot cards are electronically tabulated, stickers
or labels may not be used to mark ballots. A vote cast by means
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
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,
city, borough, town, township, ward, school district, election
or local party office unless the total number of votes cast for
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said person is equal to or greater than the number of signatures
required on a nomination petition for the particular office.
Section 3. The amendment of sections 810, 1210(a) and 1405
of the act shall apply to elections held after December 31,
2020.
Section 4. This act shall take effect immediately.
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