No. 2411 Session of 1996



                                     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 primaries.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Sections 702 and 802 of the act of June 3, 1937
    15  (P.L.1333, No.320), known as the Pennsylvania Election Code, are
    16  amended to read:
    17     Section 702.  Qualifications of Electors at Primaries.--The
    18  qualifications of electors entitled to vote at primaries shall
    19  be the same as the qualifications of electors entitled to vote
    20  at elections within the election district where the primary is
    21  held, provided that no elector who is not registered [and
    22  enrolled as a member of a political party], in accordance with

     1  the provisions of this act, shall be permitted to vote the
     2  ballot of [such party or] any [other] party [ballot] at any
     3  primary.
     4     Section 802.  Only Enrolled Electors to Vote at Primaries or
     5  Hold Party Offices.--No person who is not registered and
     6  enrolled as a member of a political party shall be entitled to
     7  [vote at any primary of such party or to] be elected or serve as
     8  a party officer, or a member or officer of any party committee,
     9  or delegate or alternate delegate to any party convention.
    10     Section 2.  Section 902 of the act, amended May 23, 1949
    11  (P.L.1656, No.504), is amended to read:
    12     Section 902.  Candidates to Be Nominated and Party Officers
    13  to Be Elected at Primaries.--All candidates of political
    14  parties, as defined in section 801 of this act, for the offices
    15  of United States Senator, Representative in Congress and for all
    16  other elective public offices within this State, except that of
    17  presidential electors, shall be nominated, and party delegates
    18  and alternate delegates, committeemen and officers who, under
    19  the provisions of Article VIII of this act or under the party
    20  rules, are required to be elected by the party electors, shall
    21  be elected at primaries held in accordance with the provisions
    22  of this act, except as otherwise provided in this act. In the
    23  years when candidates for the office of President of the United
    24  States are to be nominated, every registered [and enrolled
    25  member of a political party] elector shall have the opportunity
    26  at the Spring primary in such years to vote his preference for
    27  one person to be the candidate of [his] a political party for
    28  President.
    29     Section 3.  The act is amended by adding sections to read:
    30     Section 902.1.  Procedure for Unenrolled Electors to Cast
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     1  Primary Ballots.--If the person is not enrolled in a political
     2  party, the elections officer shall ask the person in which
     3  political party's primary he desires to vote and the elections
     4  officer upon reply shall record the voter's selection upon the
     5  voter's certificate and for the purpose of that ballot shall be
     6  enrolled in that party. The person shall remain unenrolled for
     7  party designation unless he completes a declaration of
     8  enrollment as described in section 902.2.
     9     Section 902.2.  Form of Declaration of Party Enrollment.--If
    10  after a person has cast a political party ballot, as prescribed
    11  in section 902.1, and wishes to remain enrolled in that party he
    12  shall complete a declaration of enrollment which shall be made
    13  available within the polling place and shall be in a form
    14  approved by the Secretary of the Commonwealth substantially as
    15  follows:
    16                     Declaration of Enrollment
    17  Name .............................
    18                (Print)
    19  Date .............................
    20  Address ..........................
    21  I hereby request that my political party enrollment be
    22  as follows:
    23  Party ......................
    24  Signed under penalty of perjury.
    25  ..................................
    26           (Signature)
    27  The elections officer shall then include the person's
    28  declaration of enrollment with the voter's certificate and
    29  insert both into the voting check list as provided for in
    30  section 1212. Once processed, the county board shall then send a
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     1  new certificate of registration, with the declared party
     2  enrollment listed, to the person requesting enrollment.
     3     Section 4.  Section 1212 of the act is amended to read:
     4     Section 1212.  Voting Check List.--After each elector has
     5  been admitted to vote, his voter's certificate and, where
     6  applicable, his declaration of enrollment shall be inserted in
     7  the file or binder provided therefor by the county board, and
     8  known as the "Voting Check List," and the said voter's
     9  certificate so bound shall constitute the official list of
    10  electors voting at such primary or election. All voter's
    11  certificates prepared by persons applying to vote whose
    12  applications to vote are refused by the election officer shall
    13  be carefully preserved and returned to the county board with the
    14  other papers. Within ninety (90) days, the voting check list
    15  shall be reviewed by the county board and all persons wishing to
    16  be enrolled in a party, as prescribed in sections 902.1 and
    17  902.2, shall be processed accordingly.
    18     Section 5.  This act shall take effect immediately.

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