THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, BROWNE, ORIE, EICHELBERGER, WAUGH, MENSCH, FONTANA, ALLOWAY, VANCE, COSTA, McILHINNEY AND FARNESE, FEBRUARY 14, 2011

REFERRED TO STATE GOVERNMENT, FEBRUARY 14, 2011  

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," providing for campaign finance reporting by

write-in candidates; and further providing for filing fees

and certificates of filing.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1112-A(b) of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code,

added July 11, 1980 (P.L.600, No.128), is amended to read:

Section 1112-A.  Election Day Procedures and the Process of

Voting.--* * *

(b)  In an election district which uses an electronic voting

system which utilizes paper ballots or ballot cards to register

the votes, the following procedures will be applicable for the

conduct of the election at the election district:

(1)  The voter, after receiving his ballot from the district

election officials, shall retire to one of the voting booths in

which the voting devices are located.

(2)  At primary elections, the voter shall vote for the

candidates of his choice for nomination, according to the number

of persons to be voted for by him, for each office by making a

cross (X) or check ( ) mark or by making a punch or mark sense

mark in the square opposite the name of the candidate, or he may

so mark the write-in position provided on the ballot for the

particular office and, in the space provided therefor on the

ballot and/or ballot envelope, write the identification of the

office in question and the name of any person not already

printed on the ballot for that office, and such mark and written

insertion shall count as a vote for that person for such office.

If a write-in candidate garners the most votes, the candidate

shall become subject to the campaign finance reporting

requirements of this act as though a nomination petition had

been filed.

(3)  At all other elections, the voter shall vote for the

candidates of his choice for each office to be filled, according

to the number of persons to be voted for by him for each office,

by making a cross (X) or check ( ) mark or by making a punch or

mark sense mark in the square opposite the name of the

candidate, or he may so mark the write-in position provided on

the ballot for the particular office and, in the space provided

therefor on the ballot and/or ballot envelope, write the

identification of the office in question and the name of any

person not already printed on the ballot for that office, and

such mark and written insertion shall count as a vote for that

person for such office. If a write-in candidate garners the most

votes, the candidate shall become subject to the campaign

finance reporting requirements of this act as though a

nomination petition had been filed.

(4)  If the voter desires to vote for every candidate of a

political party or political body, except its candidates for

offices as to which he votes for individual candidates in the

manner hereinafter provided, he may make a cross (X) or check

( ) or punch or mark sense mark in the square opposite the name

of the party or political body so marked, including its

candidates for presidential electors, except for those offices

as to which he has indicated a choice for individual candidates

of the same or another party or political body, by making a

cross (X) or check ( ) or punch or mark sense mark opposite

their names in the manner hereinabove provided, as to which

offices his ballot shall be counted only for the candidates

which he has thus individually marked, notwithstanding the fact

that he made a mark in the party column, and even though in the

case of an office for which more than one candidate is to be

voted for, he has not individually marked for such office the

full number of candidates for which he is entitled to vote. If

he desires to vote for the entire group of presidential electors

nominated by any party or political body, he may make a cross

(X) or check ( ) or punch or mark sense mark in the appropriate

space opposite the names of the candidates for President and

Vice-President of such party or body. If he desires to vote a

ticket for presidential electors made up of the names of persons

nominated by different parties or political bodies, or partially

of names of persons so in nomination and partially of names of

persons not in nomination by any party or political body, or

wholly of names of persons not in nomination by any party or

political body, he shall insert the names of the candidates for

presidential electors for whom he desires to vote in the blank

spaces provided therefor on the write-in ballot under the title

of the office "Presidential Electors". In case of a question

submitted to the vote of the electors, he may make a cross (X)

or check ( ) or punch or mark sense mark in the appropriate

square opposite the answer which he desires to give.

(5)  Any voter who spoils his ballot may return it and secure

another. The word "spoiled" shall be written across the face of

the ballot, and it shall be placed in the envelope marked

"Spoiled Ballots".

(6)  Following the completion of his vote, the voter shall

leave the voting booth and return the ballot to the election

officer by a means designed to insure its secrecy; upon removal

of the stub of the ballot by the election officer, the voter

shall insert the ballot into the district automatic tabulating

equipment or, in the event district tabulation is not provided

for by the voting system or such district tabulation equipment

is inoperative for any reason, into a secure ballot box. No

ballot card from which the stub has been detached shall be

accepted by the election officer in charge of such equipment or

ballot box, but it shall be marked "spoiled" and shall be placed

in the envelope marked "Spoiled Ballots."

Section 2.  Section 1632(b) of the act, added October 4, 1978

(P.L.893, No.127), is amended to read:

Section 1632.  Late Filing Fee; Certificate of Filing.--

* * *

(b)  (1)  No person may be a candidate for a public office

until all reports and statements of contributions and

expenditures required to be filed by such person if the person 

was previously a candidate for public office and any treasurer

of any committee authorized by such person for the previous

candidacy have been filed and all fines paid.

(2)  No person shall be deemed elected to a public office

under the laws of this Commonwealth or enter upon the duties

thereof, or receive any salary or emoluments therefrom until all

of the reports and statements of contributions and expenditures

required to be filed by any candidate and treasurers of

committees authorized by such candidate and due before the

person may take office, have been filed.

(3)  No candidate may be sworn in until the appropriate

supervisor certifies that all required reports have been filed,

and no official of the Commonwealth or any of its political

subdivisions may issue a commission or administer an oath of

office until that official has received this certification.

(4)  No certification shall be issued until the supervisor

has received post election reports of any candidate and

treasurer of committees authorized by such candidate.

* * *

Section 3.  This act shall take effect immediately.