Amendment 6285 to House Bill 2407 P.N. 3557, Regular Session 2019-2020

H2407B3557A06285 DMS:CDM 06/18/20 #90 A06285

AMENDMENTS TO HOUSE BILL NO. 2407

Sponsor: REPRESENTATIVE SOLOMON

Printer's No. 3557

Amend Bill, page 1, line 11, by inserting after "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; 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;

Amend Bill, page 1, lines 17 through 20, by striking out all

of said lines and inserting

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:

* * *

(z.7) The words "unenrolled elector" shall mean a person who

is registered to vote within an election district having

selected "none" or "no affiliation" in regard to a political

party or political body as defined under section 801 of this act

on their Pennsylvania voter registration application.

Section 2. Sections 702, 802, 810 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

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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 of this act 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 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

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 902. Candidates to Be Nominated and Party Officers

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

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 shall have the opportunity at the Spring primary in such

years to vote his preference for one person to be the candidate

of his 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 of this act.

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

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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

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

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 of this act. 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. Sections 1303(e) and 1303-D(e) of the act,

amended March 27, 2020 (P.L.41, No.12), are amended to read:

Amend Bill, page 2, line 27, by striking out "2" and

inserting

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Amend Bill, page 2, line 30, by striking out "3" and

inserting

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