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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WILLIAMS AND FONTANA, OCTOBER 14, 2011 |
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| REFERRED TO STATE GOVERNMENT, OCTOBER 14, 2011 |
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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," further providing for qualifications of electors |
12 | at primaries, for primary voting and party officers and for |
13 | voting procedure; and making a related repeal. |
14 | The General Assembly of the Commonwealth of Pennsylvania |
15 | hereby enacts as follows: |
16 | Section 1. Sections 702 and 802 of the act of June 3, 1937 |
17 | (P.L.1333, No.320), known as the Pennsylvania Election Code, are |
18 | amended to read: |
19 | Section 702. Qualifications of Electors at Primaries.--The |
20 | qualifications of electors entitled to vote at primaries shall |
21 | be the same as the qualifications of electors entitled to vote |
22 | at elections within the election district where the primary is |
23 | held[, provided that no elector who is not registered and |
24 | enrolled as a member of a political party, in accordance with |
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1 | the provisions of this act, shall be permitted to vote the |
2 | ballot of such party or any other party ballot at any primary]. |
3 | Section 802. Only Enrolled Electors to [Vote at Primaries |
4 | or] Hold Party Offices.--No person who is not registered and |
5 | enrolled as a member of a political party shall be entitled [to |
6 | vote at any primary of such party or] to be elected or serve as |
7 | a party officer, or a member or officer of any party committee, |
8 | or delegate or alternate delegate to any party convention. |
9 | Section 2. Section 902 of the act, amended May 23, 1949 |
10 | (P.L.1656, No.504), is amended to read: |
11 | Section 902. Candidates to Be Nominated and Party Officers |
12 | to Be Elected at Primaries.--All candidates of political |
13 | parties, as defined in section 801 of this act, for the offices |
14 | of United States Senator, Representative in Congress and for all |
15 | other elective public offices within this State, except that of |
16 | presidential electors, shall be nominated, and party delegates |
17 | and alternate delegates, committeemen and officers who, under |
18 | the provisions of Article VIII of this act or under the party |
19 | rules, are required to be elected by the party electors, shall |
20 | be elected at primaries held in accordance with the provisions |
21 | of this act, except as otherwise provided in this act. In the |
22 | years when candidates for the office of President of the United |
23 | States are to be nominated, every registered [and enrolled] |
24 | member of a political party shall have the opportunity at the |
25 | Spring primary in such years to vote [his] a preference for one |
26 | person to be the candidate of [his] a political party for |
27 | President. |
28 | Section 3. Section 1210(d) of the act, amended October 8, |
29 | 2004 (P.L.807, No.97), is amended to read: |
30 | Section 1210. Manner of Applying to Vote; Persons Entitled |
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1 | to Vote; Voter's Certificates; Entries to Be Made in District |
2 | Register; Numbered Lists of Voters; Challenges.--* * * |
3 | (d) No person, except a qualified elector who is in actual |
4 | military or naval service under a requisition of the President |
5 | of the United States or by the authority of this Commonwealth, |
6 | and who votes under the provisions of Article XIII of this act, |
7 | shall be entitled or permitted to vote at any primary or |
8 | election at any polling place outside the election district in |
9 | which [he] the person resides, nor shall [he] the person be |
10 | permitted to vote in the election district in which [he] the |
11 | person resides, unless [he] the person has been personally |
12 | registered as an elector and [his] the person's registration |
13 | card appears in the district register of such election district, |
14 | except by order of the court of common pleas as provided in this |
15 | act, and any person, although personally registered as an |
16 | elector, may be challenged by any qualified elector, election |
17 | officer, overseer, or watcher at any primary or election as to |
18 | [his] identity, as to [his] continued residence in the election |
19 | district or as to any alleged violation of the provisions of |
20 | this section [1210 of this act], and if challenged as to |
21 | identity or residence, [he] the person shall produce at least |
22 | one qualified elector of the election district as a witness, who |
23 | shall make affidavit of [his] identity or continued residence in |
24 | the election district: Provided, however, That no person shall |
25 | be entitled to vote as a member of a party at any primary, |
26 | unless [he] the person is: |
27 | (1) registered and enrolled as a member of such party upon |
28 | the district register, which enrollment shall be conclusive as |
29 | to [his] party membership and shall not be subject to challenge |
30 | on the day of the primary[.] ; or |
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1 | (2) registered as an independent or nonparty voter, in which |
2 | case the person may vote for the candidates of the party of the |
3 | voter's choice, the choice to be made at the polling place on |
4 | the day of the primary election. The voter's choice of parties |
5 | at one primary election shall not preclude the voter from |
6 | choosing a different party at a subsequent primary election. |
7 | * * * |
8 | Section 4. The amendment of sections 702, 802 and 1210(d) of |
9 | the act shall apply to primary elections which take place after |
10 | December 31, 2011. |
11 | Section 5. Section 9 of the act of July 25, 1913 (P.L.1043, |
12 | No.472), entitled "An act to provide for the registration and |
13 | enrollment of the voters of the State according to their |
14 | respective party preferences; fixing the compensation of |
15 | assessors and registry assessors for making said registration |
16 | and enrollment; and prescribing penalties for false registration |
17 | or enrollment, and for voters voting or attempting to vote, and |
18 | for election officers wilfully permitting or conspiring to |
19 | permit them to vote, at a primary, by or on any other than their |
20 | own party ticket," is repealed. |
21 | Section 6. This act shall take effect immediately. |
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