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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BOSCOLA, WAUGH, WOZNIAK, STOUT, KITCHEN, O'PAKE, WILLIAMS, FONTANA, HUGHES, LEACH AND COSTA, APRIL 3, 2009 |
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| REFERRED TO STATE GOVERNMENT, APRIL 3, 2009 |
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| AN ACT |
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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," setting forth a concise statement of voter's |
12 | rights; requiring that the statement of voter's rights be |
13 | visible in voter registration offices and polling places; |
14 | providing for polling place accessibility; further providing |
15 | for qualifications of electors at primaries and for only |
16 | enrolled electors to vote at primaries or hold party offices; |
17 | providing for procedure for unenrolled electors to cast |
18 | primary ballots and for form of declaration of party |
19 | enrollment; and further providing for persons entitled to |
20 | vote and challenges and for voting check lists. |
21 | The General Assembly of the Commonwealth of Pennsylvania |
22 | hereby enacts as follows: |
23 | Section 1. The act of June 3, 1937 (P.L.1333, No.320), known |
24 | as the Pennsylvania Election Code, is amended by adding a |
25 | section to read: |
26 | Section 107. Voter's Bill of Rights.--(a) The following |
27 | rights are guaranteed to all registered voters in this |
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1 | Commonwealth: |
2 | (1) A voter who is in line at the correct polling place |
3 | during the hours it is required by law to be open may vote, even |
4 | if the voter's turn to vote does not come until after those |
5 | hours expire. |
6 | (2) If a voter has moved from the voter's original polling |
7 | district to another, the voter may return to the original |
8 | polling district to vote for as long as the voter remains |
9 | qualified there. To be eligible to vote in the new polling |
10 | district, the voter must either file a notice of removal with |
11 | the voting registrar or register anew. |
12 | (3) A voter who has a physical disability or who cannot read |
13 | or write may apply to the voting registrar for a special needs |
14 | ballot, but this must be done at least ten days before the |
15 | election. |
16 | (4) A voter may take his children who are not yet eighteen |
17 | years of age into the voting booth with him. |
18 | (5) A voter has the right to vote without being intimidated |
19 | or forced to vote for someone the voter does not wish to vote |
20 | for. |
21 | (6) A voter who believes that any of the voter's rights |
22 | under this act have been violated may call the voter's local law |
23 | enforcement officers. |
24 | (b) A listing of the rights set forth under subsection (a) |
25 | shall be posted publicly in each voter registration office and, |
26 | on election days, polling place. |
27 | Section 2. Section 527(a) of the act, amended May 12, 2006 |
28 | (P.L.178, No.45), is amended to read: |
29 | Section 527. Public Buildings to Be Used Where Possible; |
30 | Portable Polling Places.--(a) In selecting polling places, the |
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1 | county board of elections shall, wherever possible and |
2 | practicable, select schoolhouses, municipal buildings or rooms, |
3 | or other public buildings for that purpose and shall ensure that |
4 | the places selected are accessible by persons with physical |
5 | disabilities. Any board of public education or school directors, |
6 | or county or the municipal authorities shall, upon request of |
7 | the county board, make arrangements for the use of school |
8 | property, or of county or municipal property for polling places. |
9 | In selecting polling places, the county board of elections shall |
10 | make every effort to select polling places that provide all |
11 | electors with an environment that is free from intimidation and |
12 | violence. |
13 | In the event no available public building as contemplated |
14 | under this section is situated within the boundaries of any |
15 | election district, the county board of elections may, not less |
16 | than twenty days prior to any election, designate as the polling |
17 | place for such election district any such public building |
18 | situated in another election district within the same or |
19 | immediately adjacent ward, or, if there are no wards, then |
20 | within the same borough or township as the case may be, provided |
21 | such other building is located in an election district which is |
22 | immediately adjacent to the boundary of the election district |
23 | for which it is to be the polling place and is directly |
24 | accessible therefrom by public street or thoroughfare. Two or |
25 | more polling places may be located in the same public building |
26 | under this section. A polling place may be selected and |
27 | designated hereunder less than twenty days prior to any |
28 | election, with the approval of a court of competent |
29 | jurisdiction. |
30 | * * * |
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1 | Section 3. Sections 702 and 802 of the act are amended to |
2 | read: |
3 | Section 702. Qualifications of Electors at Primaries.--The |
4 | qualifications of electors entitled to vote at primaries shall |
5 | be the same as the qualifications of electors entitled to vote |
6 | at elections within the election district where the primary is |
7 | held, provided that no elector who is not registered [and |
8 | enrolled as a member of a political party], in accordance with |
9 | the provisions of this act, shall be permitted to vote the |
10 | ballot of [such party or] any [other] party [ballot] at any |
11 | primary. |
12 | Section 802. Only Enrolled Electors to Vote at Primaries or |
13 | Hold Party Offices.--No person who is not registered and |
14 | enrolled as a member of a political party shall be entitled to |
15 | [vote at any primary of such party or to] be elected or serve as |
16 | a party officer, or a member or officer of any party committee, |
17 | or delegate or alternate delegate to any party convention. |
18 | Section 4. Section 902 of the act, amended May 23, 1949 |
19 | (P.L.1656, No.504), is amended to read: |
20 | Section 902. Candidates to Be Nominated and Party Officers |
21 | to Be Elected at Primaries.--All candidates of political |
22 | parties, as defined in section 801 of this act, for the offices |
23 | of United States Senator, Representative in Congress and for all |
24 | other elective public offices within this State, except that of |
25 | presidential electors, shall be nominated, and party delegates |
26 | and alternate delegates, committeemen and officers who, under |
27 | the provisions of Article VIII of this act or under the party |
28 | rules, are required to be elected by the party electors, shall |
29 | be elected at primaries held in accordance with the provisions |
30 | of this act, except as otherwise provided in this act. In the |
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1 | years when candidates for the office of President of the United |
2 | States are to be nominated, every registered [and enrolled |
3 | member of a political party] elector shall have the opportunity |
4 | at the Spring primary in such years to vote [his] a preference |
5 | for one person to be the candidate of [his] a political party |
6 | for President. |
7 | Section 5. The act is amended by adding sections to read: |
8 | Section 902.1. Procedure for Unenrolled Electors to Cast |
9 | Primary Ballots.--If a person is not enrolled in a political |
10 | party, the elections officer shall ask the person in which |
11 | political party's primary that person desires to vote, and the |
12 | elections officer upon reply shall record the voter's selection |
13 | upon the voter's certificate and for the purpose of that ballot |
14 | shall be enrolled in that party. The person shall remain |
15 | unenrolled for party designation unless the person completes a |
16 | declaration of enrollment as described in section 902.2. |
17 | Section 902.2. Form of Declaration of Party Enrollment.--If |
18 | after a person has cast a political party ballot, as prescribed |
19 | in section 902.1, and the person wishes to remain enrolled in |
20 | that party, the person shall complete a declaration of |
21 | enrollment which shall be made available within the polling |
22 | place and shall be in a form approved by the Secretary of the |
23 | Commonwealth substantially as follows: |
24 | Declaration of Enrollment |
25 | Name ............................. |
26 | (Print) |
27 | Date ............................. |
28 | Address .......................... |
29 | I hereby request that my political party enrollment be as |
30 | follows: |
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1 | Party ...................... |
2 | Signed under penalty of perjury. |
3 | .................................. |
4 | (Signature) |
5 | The elections officer shall then include the person's |
6 | declaration of enrollment with the voter's certificate and |
7 | insert both into the voting check list as provided for in |
8 | section 1212. Once processed, the county board shall then send a |
9 | new certificate of registration, with the declared party |
10 | enrollment listed, to the person requesting enrollment. |
11 | Section 6. Section 1210(d) of the act, amended October 8, |
12 | 2004 (P.L.807, No.97), is amended to read: |
13 | Section 1210. Manner of Applying to Vote; Persons Entitled |
14 | to Vote; Voter's Certificates; Entries to Be Made in District |
15 | Register; Numbered Lists of Voters; Challenges.--* * * |
16 | (d) No person, except a qualified elector who is in actual |
17 | military or naval service under a requisition of the President |
18 | of the United States or by the authority of this Commonwealth, |
19 | and who votes under the provisions of Article XIII of this act, |
20 | shall be entitled or permitted to vote at any primary or |
21 | election at any polling place outside the election district in |
22 | which [he] the person resides, nor shall [he] the person be |
23 | permitted to vote in the election district in which [he] the |
24 | person resides, unless [he] the person has been personally |
25 | registered as an elector and [his] the person's registration |
26 | card appears in the district register of such election district, |
27 | except by order of the court of common pleas as provided in this |
28 | act, and any person, although personally registered as an |
29 | elector, may be challenged by any qualified elector, election |
30 | officer, overseer, or watcher at any primary or election as to |
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1 | [his] identity, as to [his] continued residence in the election |
2 | district or as to any alleged violation of the provisions of |
3 | section 1210 of this act, and if challenged as to identity or |
4 | residence, [he] the person shall produce at least one qualified |
5 | elector of the election district as a witness, who shall make |
6 | affidavit of his identity or continued residence in the election |
7 | district: Provided, however, That no person shall be entitled to |
8 | vote as a member of a party at any primary, unless [he] the |
9 | person is: |
10 | (1) registered and enrolled as a member of such party |
11 | upon the district register, which enrollment shall be |
12 | conclusive as to [his] party membership and shall not be |
13 | subject to challenge on the day of the primary[.]; or |
14 | (2) registered as an independent or nonparty voter, in |
15 | which case the person may vote for the candidates of the |
16 | party of the voter's choice, the choice to be made at the |
17 | polling place on the day of the primary election. The voter's |
18 | choice of parties at one primary election shall not preclude |
19 | the voter from choosing a different party at a subsequent |
20 | primary election. |
21 | Section 7. Section 1212 of the act is amended to read: |
22 | Section 1212. Voting Check List.--After each elector has |
23 | been admitted to vote, [his] each voter's certificate and, where |
24 | applicable, each declaration of enrollment shall be inserted in |
25 | the file or binder provided therefor by the county board, and |
26 | known as the "Voting Check List," and the [said] voter's |
27 | certificate and declaration of enrollment so bound shall |
28 | constitute the official list of electors voting at such primary |
29 | or election. All voter's certificates prepared by persons |
30 | applying to vote whose applications to vote are refused by the |
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1 | election officer shall be carefully preserved and returned to |
2 | the county board with the other papers. Within ninety days of |
3 | such return, the voting check list shall be reviewed by the |
4 | county board and all persons wishing to be enrolled in a party, |
5 | as prescribed in sections 902.1 and 902.2, shall be processed |
6 | accordingly. |
7 | Section 8. This act shall take effect immediately. |
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