PRINTER'S NO. 493
No. 442 Session of 1993
INTRODUCED BY TULLI, D. R. WRIGHT, PICCOLA, MARSICO, CORNELL,
BATTISTO, NAILOR, VANCE, FARGO, KREBS, DENT, LEH, B. SMITH,
CESSAR, BAKER, WOGAN, KELLER, FAIRCHILD, BLAUM, STABACK,
GEIST, FLEAGLE, BARLEY, FLICK, NICKOL, TRUE, LYNCH,
M. N. WRIGHT, E. Z. TAYLOR, GERLACH, PESCI, SCHEETZ,
ARMSTRONG, ULIANA, BUSH, ARGALL, BROWN, MELIO, MASLAND,
DALEY, BELFANTI, ADOLPH, MICOZZIE, HANNA, RITTER, KING,
DONATUCCI, MERRY, REINARD, NYCE AND SCHULER, MARCH 15, 1993
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 15, 1993
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," further providing for the powers and duties of
12 the Secretary of the Commonwealth.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 201 of the act of June 3, 1937 (P.L.1333,
16 No.320), known as the Pennsylvania Election Code, is amended to
17 read:
18 Section 201. Powers and Duties of the Secretary of the
19 Commonwealth.--The Secretary of the Commonwealth shall exercise
20 in the manner provided by this act all powers granted to him by
1 this act, and shall perform all the duties imposed upon him by
2 this act, which shall include the following:
3 (a) To determine, in accordance with the provisions of this
4 act, the forms of nomination petitions and papers, expense
5 accounts and all other forms and records, the form of which he
6 is required to determine under the provisions of this act. The
7 form of nomination petitions and papers shall require a
8 statement as to whether the candidate has ever been convicted
9 of, or pleaded guilty or no contest to, an offense graded higher
10 than a misdemeanor of the first degree.
11 (b) To examine and reexamine voting machines, and to approve
12 or disapprove them for use in this State, in accordance with the
13 provisions of this act.
14 (c) To certify to county boards of elections for primaries
15 and elections the names of the candidates for President and
16 Vice-President of the United States, presidential electors,
17 United States senators, representatives in Congress and all
18 State offices, including senators, representatives, and judges
19 of all courts of record, and delegates and alternate delegates
20 to National Conventions, and members of State committees, and
21 the form and wording of constitutional amendments or other
22 questions to be submitted to the electors of the State at large.
23 (d) To receive and determine, as hereinafter provided, the
24 sufficiency of nomination petitions, certificates and papers of
25 candidates for President of the United States, presidential
26 electors, United States senators, representatives in Congress
27 and all State offices, including senators, representatives and
28 judges of all courts of record, and delegates and alternate
29 delegates to National Conventions and members of State
30 committees.
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1 (e) To receive such reports from county boards of elections
2 as are required by this act, and to demand such additional
3 reports on special matters as he may deem necessary.
4 (f) To receive from county boards of elections the returns of
5 primaries and elections, to canvass and compute the votes cast
6 for candidates and upon questions as required by the provisions
7 of this act; to proclaim the results of such primaries and
8 elections, and to issue certificates of election to the
9 successful candidates at such elections, except in cases where
10 that duty is imposed by law on another officer or board.
11 (g) To perform such other duties as may be prescribed by law.
12 Section 2. The amendment of section 201(a) of the act shall
13 apply to filings made after the new forms are established by the
14 Secretary of the Commonwealth.
15 Section 3. This act shall take effect in 180 days.
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