PRINTER'S NO. 2173
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1916
Session of
2021
INTRODUCED BY WEBSTER, HILL-EVANS, KINSEY, HOHENSTEIN, DELLOSO
AND SANCHEZ, SEPTEMBER 27, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 27, 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 district election officers, providing for
master list of prospective clerks of election and for clerk
of election vacancies and further providing for vacancies in
election boards, appointment, judge and majority inspector to
be members of majority party and minority inspector to be
member of minority party.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding sections
to read:
Section 404.1. Master List of Prospective Clerks of
Election.--(a) At least annually, each county election board
shall prepare a master list of prospective clerks of election
within the county. The master list shall contain:
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(1) The most recent available address for each prospective
clerk of election.
(2) All qualified registered electors and all voter
registration lists within the county.
(b) The master list under subsection (a) shall be open to
the public for inspection.
Section 404.2. Clerk of Election Vacancies.--(a) A vacancy
of a clerk appointed under section 404 or from any other cause
occurring prior to the day of a primary or election may be
filled by a selection at random from a cross section of
qualified registered electors of a county. The following apply:
(1) Each qualified registered elector of the county shall
have the opportunity to be considered for service as a clerk of
election.
(2) Each qualified registered elector shall fulfill the
obligation to serve as a clerk of election as prescribed by
section 404.
(3) A qualified registered elector may not be excluded from
service as a clerk of election as a result of discrimination
based upon race, color, religion, sex, national origin or
economic status.
(4) A qualified registered elector may not be excluded from
service as a clerk of election except the following:
(i) A member of the Pennsylvania National Guard or a member
of an active or reserve component of the armed forces of the
United States who is serving on active duty.
(ii) An individual who served as a clerk of election by
random selection within the primary or election of the same
election cycle unless the individual has opted to serve as a
clerk of election by choice.
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(iii) An individual who demonstrates to the county election
board undue hardship or extreme inconvenience. The following
apply:
(A) The individual may be excused permanently or for a
period as the county election board determines is necessary.
(B) If excused for a limited period, the individual shall,
at the end of the period, be assigned to the next clerk array.
(iv) An individual who is seventy-five (75) years of age or
older and requests to be excused.
(v) A woman who is breastfeeding and requests to be excused.
(b) The county election board shall maintain a master list
and shall place therein the names of individuals included on the
list of qualified registered electors. The following apply:
(1) Upon determination of an insufficient number of clerks
of election, the county election board shall publicly select at
random from the master list the number of names of qualified
registered electors as may be required to maintain a polling
place in accordance with section 404.
(2) A separate list of names and addresses of qualified
registered electors assigned to each polling place shall be
prepared and made available for public inspection at the offices
of the county election board no later than thirty days prior to
the first date on which the clerk of election is to serve.
Section 2. Section 405(a.1) of the act is amended to read:
Section 405. Vacancies in Election Boards; Appointment;
Judge and Majority Inspector to Be Members of Majority Party;
Minority Inspector to Be Member of Minority Party.--* * *
(a.1) Vacancies in county boards existing by reason of the
disqualification, removal, resignation or death of a clerk or
machine inspector appointed pursuant to section 404 or a vacancy
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of a clerk or machine inspector from any other cause occurring
prior to the day of any primary or election may be filled by a
[student] qualified registered elector pursuant to section
[402(b)] 404.2(a).
* * *
Section 3. This act shall take effect in 60 days.
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