PRINTER'S NO. 74
No. 67 Session of 1989
INTRODUCED BY PRESTON, ROBINSON AND GIGLIOTTI, JANUARY 23, 1989
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 23, 1989
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," providing for the number of signers for the
12 nomination petition for the office of district council member
13 in a city of the second class and providing for the fee for
14 filing the petition; further providing for assistance in
15 voting; and further providing for absentee ballots.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Sections 912.1 and 913(b.1) of the act of June 3,
19 1937 (P.L.1333, No.320), known as the Pennsylvania Election
20 Code, added December 12, 1984 (P.L.968, No.190), are amended to
21 read:
22 Section 912.1. Number of Signers Required for Nomination
23 Petitions of Candidates at Primaries.--Candidates for nomination
24 of offices as listed below shall present a nominating petition
1 containing at least as many valid signatures of registered and
2 enrolled members of the proper party as listed below:
3 (1) President of the United States: Two thousand.
4 (2) United States Senate: Two thousand.
5 (3) Governor: Two thousand including at least one hundred
6 from each of at least ten counties.
7 (4) Lieutenant Governor: One thousand including at least one
8 hundred from each of at least five counties.
9 (5) Treasurer: One thousand including at least one hundred
10 from each of at least five counties.
11 (6) Auditor General: One thousand including at least one
12 hundred from each of at least five counties.
13 (7) Attorney General: One thousand including at least one
14 hundred from each of at least five counties.
15 (8) Justice of the Supreme Court: One thousand including at
16 least one hundred from each of at least five counties.
17 (9) Judge of the Superior Court: One thousand including at
18 least one hundred from each of at least five counties.
19 (10) Judge of the Commonwealth Court: One thousand including
20 at least one hundred from each of at least five counties.
21 (11) For any other office to be filled by the vote of the
22 electors of the State at large or for any other party office to
23 be elected by the electors of the State at large: One thousand
24 including at least one hundred from each of at least five
25 counties.
26 (12) Representative in Congress: One thousand.
27 (13) Senator in the General Assembly: Five hundred.
28 (14) Representative in the General Assembly: Three hundred.
29 (15) Public or party offices to be filled by a vote of the
30 electors in counties of the first class at large: One thousand.
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1 (16) Public or party offices to be filled by a vote of the
2 electors in counties of the second class at large: Five hundred.
3 (17) Public or party offices to be filled by a vote of the
4 electors in cities of the first class at large: One thousand.
5 (18) Public or party offices to be filled by a vote of the
6 electors in counties of the second class A at large: Two hundred
7 fifty.
8 (19) Public or party offices to be filled by a vote of the
9 electors in counties of the third class at large: Two hundred
10 fifty.
11 (20) Public or party offices to be filled by a vote of the
12 electors in counties of the fourth class at large: Two hundred
13 fifty.
14 (21) Public or party offices to be filled by a vote of the
15 electors in cities of the second class at large: Two hundred
16 fifty.
17 (22) Public or party offices to be filled by a vote of the
18 electors in cities of the second class A at large: One hundred.
19 (23) Public or party offices to be filled by a vote of the
20 electors in cities of the third class at large: One hundred.
21 (24) Public or party offices to be filled by a vote of the
22 electors in counties of the fifth class at large: One hundred.
23 (25) Public or party offices to be filled by a vote of the
24 electors in counties of the sixth class at large: One hundred.
25 (26) Public or party offices to be filled by a vote of the
26 electors in counties of the seventh class at large: One hundred.
27 (27) Public or party offices to be filled by a vote of the
28 electors in counties of the eighth class at large: One hundred.
29 (28) Office of judge of any court of record other than a
30 Statewide court or a court in a county of the first or second
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1 class: Two hundred fifty.
2 (29) District delegate or alternate district delegate to a
3 National party convention: Two hundred fifty.
4 (30) Member of State committee: One hundred.
5 (31) Office of district council member in a city of the
6 first class: Seven hundred fifty.
7 (31.1) Office of district council member in a city of the
8 second class: One hundred.
9 (32) Office of district justice: One hundred.
10 (33) Office of judge of election: Ten.
11 (34) Inspector of elections: Five.
12 (35) All other public and party offices: Ten.
13 Section 913. Place and Time of Filing Nomination Petitions;
14 Filing Fees.--* * *
15 (b.1) Each person filing any nomination petition shall pay
16 for each petition, at the time of filing, a filing fee to be
17 determined as follows, and no nomination petition shall be
18 accepted or filed, unless and until such filing fee is paid by a
19 certified check or money order or also by cash when filed with
20 the county board. All moneys paid on account of filing fees
21 shall be transmitted by the county board to the county treasurer
22 and shall become part of the General Fund. Certified checks or
23 money orders in payment of filing fees shall be made payable to
24 the Commonwealth of Pennsylvania or to the county, as the case
25 may be, and shall be transmitted to the State Treasurer or to
26 the county treasurer and shall become part of the General Fund.
27 1. If for the office of President of the United States, or
28 for any public office to be filled by the electors of the State
29 at large, the sum of two hundred dollars ($200.00).
30 2. If for the office of Representative in Congress, the sum
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1 of one hundred fifty dollars ($150.00).
2 3. If for the office of judge of a court of record,
3 excepting judges to be voted for by the electors of the State at
4 large, the sum of one hundred dollars ($100.00).
5 4. If for the offices of Senator or Representative in the
6 General Assembly, for any office to be filled by the electors of
7 an entire county, for the office of district councilman in a
8 city of the first class and for any office to be filled by the
9 electors of an entire city other than school district office,
10 the sum of one hundred fifty dollars ($150.00).
11 5. If for any borough, town, or township of the first class,
12 not otherwise provided for, the sum of five dollars ($5.00).
13 6. If for the office of delegate or alternate delegate to
14 National party convention, or member of National committee or
15 member of State committee, the sum of twenty-five dollars
16 ($25.00).
17 7. If for the office of constable, the sum of ten dollars
18 ($10.00).
19 8. If for the office of district justice or office of
20 district council member in a city of the second class, the sum
21 of fifty dollars ($50.00).
22 * * *
23 Section 2. Section 1218(a) and (b) of the act, are amended
24 to read:
25 Section 1218. Assistance in Voting.--
26 (a) No voter shall be permitted to receive any assistance in
27 voting at any primary or election, unless there is recorded upon
28 his registration card his declaration that, [because of
29 illiteracy] by reason of blindness, disability, or inability to
30 read or write, he is unable to read the names on the ballot or
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1 on the voting machine labels, or that he has a physical
2 disability which renders him unable to see or mark the ballot or
3 operate the voting machine, or to enter the voting compartment
4 or voting machine booth without assistance, the exact nature of
5 such [disability] condition being recorded on such registration
6 card, and unless the election officers are satisfied that he
7 still suffers from the same [disability] condition. [Before he
8 shall be permitted to receive assistance, such voter shall state
9 distinctly and audibly under oath or affirmation, which shall be
10 administered to him by the judge of election, the reason why he
11 requires assistance.]
12 (b) Any elector who is entitled to receive assistance in
13 voting under the provisions of this section shall be permitted
14 by the judge of election to select a [registered elector of the
15 election district] person of the elector's choice to enter the
16 voting compartment or voting machine booth with him to assist
17 him in voting, such assistance to be rendered inside the voting
18 compartment or voting machine booth except that the elector's
19 employer or an agent of the employer or an officer or agent of
20 the elector's union shall not be eligible to assist the elector.
21 * * *
22 Section 3. Sections 1302.1, 1302.2, 1306(a) and 1308(a) of
23 the act, amended December 11, 1968 (P.L.1183, No.375), are
24 amended to read:
25 Section 1302.1. Date of Application for Absentee Ballot.--
26 Applications for absentee ballots unless otherwise specified
27 shall be received in the office of the county board of elections
28 not earlier than fifty (50) days before the primary or election
29 and not later than [five o'clock] 5:00 P.M. of the first Tuesday
30 prior to the day of any primary or election: Provided, however,
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1 That in the event any elector otherwise qualified who is so
2 physically disabled or ill on or before the first Tuesday prior
3 to any primary or election that he is unable to file his
4 application or who becomes physically disabled or ill after the
5 first Tuesday prior to any primary or election and is unable to
6 appear at his polling place or any elector otherwise qualified
7 who because of the conduct of his business, duties or occupation
8 will necessarily be absent from the State or county of his
9 residence on the day of the primary or election, which fact was
10 not and could not reasonably be known to said elector on or
11 before the first Tuesday prior to any primary or election, shall
12 be entitled to an absentee ballot at any time prior to [five
13 o'clock] 8:00 P.M. on the [first Friday preceding any] primary
14 or election day upon execution of an Emergency Application in
15 such form prescribed by the Secretary of the Commonwealth.
16 In the case of an elector who is physically disabled or ill
17 on or before the first Tuesday prior to a primary or election or
18 becomes physically disabled or ill after the first Tuesday prior
19 to a primary or election, such Emergency Application shall
20 contain a supporting affidavit from his attending physician
21 stating that due to physical disability or illness said elector
22 was unable to apply for an absentee ballot on or before the
23 first Tuesday prior to the primary or election or became
24 physically disabled or ill after that period.
25 In the case of an elector who is necessarily absent because
26 of the conduct of his business, duties or occupation under the
27 unforeseen circumstances specified in this subsection, such
28 Emergency Application shall contain a supporting affidavit from
29 such elector stating that because of the conduct of his
30 business, duties or occupation said elector will necessarily be
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1 absent from the State or county of his residence on the day of
2 the primary or election which fact was not and could not
3 reasonably be known to said elector on or before the first
4 Tuesday prior to the primary or election.
5 Section 1302.2. Approval of Application for Absentee
6 Ballot.--
7 (a) The county board of elections, upon receipt of any
8 application filed by a qualified elector not required to be
9 registered under preceding section 1301, shall ascertain from
10 the information on such application, district register or from
11 any other source that such applicant possesses all the
12 qualifications of a qualified elector other than being
13 registered or enrolled. If the board is satisfied that the
14 applicant is qualified to receive an official absentee ballot,
15 the application shall be marked approved such approval decision
16 shall be final and binding except that challenges may be made
17 only on the ground that the applicant did not possess
18 qualifications of an absentee elector. Such challenges must be
19 made to the county board of elections prior to [5:00 o'clock]
20 8:00 P. M. on the [first Friday prior to the election] primary
21 or election day. When so approved, the county board of elections
22 shall cause the applicant's name and residence (and at a
23 primary, the party enrollment) to be inserted in the Military,
24 Veterans and Emergency Civilians Absentee Voters File as
25 provided in section 1302.3, subsection (b): Providing, however,
26 That no application of any qualified elector in military service
27 shall be rejected for failure to include on his application any
28 information if such information may be ascertained within a
29 reasonable time by the county board of elections.
30 (b) The county board of elections, upon receipt of any
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1 application filed by a qualified elector who is entitled, under
2 the provisions of the Permanent Registration Law as now or
3 hereinafter enacted by the General Assembly, to absentee
4 registration prior to or concurrently with the time of voting as
5 provided under preceding section 1301, shall ascertain from the
6 information on such application or from any other source that
7 such applicant possesses all the qualifications of a qualified
8 elector. If the board is satisfied that the applicant is
9 entitled, under the provisions of the Permanent Registration Law
10 as now or hereinafter enacted by the General Assembly, to
11 absentee registration prior to or concurrently with the time of
12 voting and that the applicant is qualified to receive an
13 official absentee ballot, the application shall be marked
14 "approved." Such approval decision shall be final and binding
15 except that challenges may be made only on the ground that the
16 applicant did not possess the qualifications of an absentee
17 elector prior to or concurrently with the time of voting. Such
18 challenges must be made to the county board of elections prior
19 to [5:00 o'clock] 8:00 P. M. on the [first Friday prior to the
20 election] primary or election day. When so approved, the county
21 board of elections shall cause the applicant's name and
22 residence (and at a primary, the party enrollment) to be
23 inserted in the Military, Veterans and Emergency Civilian
24 Absentee Voters File as provided in section 1302.3 subsection
25 (b).
26 (c) The county board of elections, upon receipt of any
27 application of a qualified elector required to be registered
28 under the provisions of preceding section 1301, shall determine
29 the qualifications of such applicant by comparing the
30 information set forth on such application with the information
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1 contained on the applicant's permanent registration card. If the
2 board is satisfied that the applicant is qualified to receive an
3 official absentee ballot, the application shall be marked
4 "approved." Such approval decision shall be final and binding,
5 except that challenges may be made only on the ground that the
6 applicant did not possess the qualifications of an absentee
7 elector. Such challenges must be made to the county board of
8 elections prior to [5:00 o'clock] 8:00 P. M. on the [first
9 Friday prior to the election] primary or election day. When so
10 approved, the registration commission shall cause an absentee
11 voter's temporary registration card to be inserted in the
12 district register on top of and along with the permanent
13 registration card. The absentee voter's temporary registration
14 card shall be in the color and form prescribed in subsection (e)
15 of this section:
16 Provided, however, That the duties of the county boards of
17 elections and the registration commissions with respect to the
18 insertion of the absentee voter's temporary registration card of
19 any elector from the district register as set forth in section
20 1302.2 shall include only such applications and emergency
21 applications as are received on or before the first Tuesday
22 prior to the primary or election. In all cases where
23 applications are received after the first Tuesday prior to the
24 primary or election and before [five o'clock] 8:00 P. M. on the
25 [first Friday prior to the] primary or election day, the county
26 board of elections shall determine the qualifications of such
27 applicant by comparing the information set forth on such
28 application with the information contained on the applicant's
29 duplicate registration card on file in the General Register
30 (also referred to as the Master File) in the office of the
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1 Registration Commission and shall cause the name and residence
2 (and at primaries, the party enrollment) to be inserted in the
3 Military, Veterans and Emergency Civilian Absentee Voters File
4 as provided in section 1302.3, subsection (b). In addition, the
5 local district boards of elections shall, upon canvassing the
6 official absentee ballots under section 1308, examine the voting
7 check list of the election district of said elector's residence
8 and satisfy itself that such elector did not cast any ballot
9 other than the one properly issued to him under his absentee
10 ballot application. In all cases where the examination of the
11 local district board of elections discloses that an elector did
12 vote a ballot other than the one properly issued to him under
13 the absentee ballot application, the local district board of
14 elections shall thereupon cancel said absentee ballot and said
15 elector shall be subject to the penalties as hereinafter set
16 forth.
17 (d) In the event that any application for an official
18 absentee ballot is not approved by the county board of
19 elections, the elector shall be notified immediately to that
20 effect with a statement by the county board of the reasons for
21 the disapproval.
22 (e) The absentee voter's temporary registration card shall
23 be in duplicate and the same size as the permanent registration
24 card, in a different and contrasting color to the permanent
25 registration card and shall contain the absentee voter's name
26 and address and shall conspicuously contain the words "Absentee
27 Voter." Such card shall also contain the affidavit required by
28 subsection (b) of section 1306.
29 Section 1306. Voting by Absentee Electors.--(a) At any time
30 after receiving an official absentee ballot, but on or before
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1 [five o'clock] 8:00 P. M. on the [Friday prior to the] primary
2 or election day, the elector shall, in secret, proceed to mark
3 the ballot only in black lead pencil, indelible pencil or blue,
4 black or blue-black ink, in fountain pen or ball point pen, and
5 then fold the ballot, enclose and securely seal the same in the
6 envelope on which is printed, stamped or endorsed "Official
7 Absentee Ballot." This envelope shall then be placed in the
8 second one, on which is printed the form of declaration of the
9 elector, and the address of the elector's county board of
10 election and the local election district of the elector. The
11 elector shall then fill out, date and sign the declaration
12 printed on such envelope. Such envelope shall then be securely
13 sealed and the elector shall send same by mail, postage prepaid,
14 except where franked, or deliver it in person to said county
15 board of election:
16 Provided, however, That any elector, spouse of the elector or
17 dependent of the elector, qualified in accordance with the
18 provisions of section 1301, subsections (e), (f), (g) and (h) to
19 vote by absentee ballot as herein provided, shall be required to
20 include on the form of declaration a supporting declaration in
21 form prescribed by the Secretary of the Commonwealth, to be
22 signed by the head of the department or chief of division or
23 bureau in which the elector is employed, setting forth the
24 identity of the elector, spouse of the elector or dependent of
25 the elector:
26 Provided further, That any elector who has filed his
27 application in accordance with section 1302 subsection (e) (2),
28 and is unable to sign his declaration because of illness or
29 physical disability, shall be excused from signing upon making a
30 declaration which shall be witnessed by one adult person in
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1 substantially the following form: I hereby declare that I am
2 unable to sign my declaration for voting my absentee ballot
3 without assistance because I am unable to write by reason of my
4 illness or physical disability. I have made or received
5 assistance in making my mark in lieu of my signature.
6 .....................(Mark)
7 ...................................
8 (Date)
9 ...............................
10 (Signature of Witness)
11 ...................................
12 (Complete Address of Witness)
13 * * *
14 Section 1308. Canvassing of Official Absentee Ballots.--
15 (a) The county boards of election, upon receipt of official
16 absentee ballots in such envelopes, shall safely keep the same
17 in sealed or locked containers until they distribute same to the
18 appropriate local election districts in a manner prescribed by
19 the Secretary of the Commonwealth. Official absentee ballots
20 received later than 5:00 P. M. on the Friday immediately
21 preceding the primary or election day shall be immediately
22 canvassed by the county board of elections.
23 The county board of elections shall then distribute the
24 absentee ballots received prior to 5:00 P. M. on the Friday
25 immediately preceding the primary or election day, unopened, to
26 the absentee voter's respective election district concurrently
27 with the distribution of the other election supplies. Absentee
28 ballots shall be canvassed immediately and continuously without
29 interruption until completed after the close of the polls on the
30 day of the election in each election district. The results of
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1 the canvass of the absentee ballots shall then be included in
2 and returned to the county board with the returns of that
3 district. No absentee ballot shall be counted which is received
4 in the office of the county board of election later than [five
5 o'clock] 8:00 P. M. on the [Friday immediately preceding the]
6 primary or November election day.
7 * * *
8 Section 4. This act shall take effect immediately.
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