AN ACT

 

1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled 
2"An act concerning elections, including general, municipal, 
3special and primary elections, the nomination of candidates, 
4primary and election expenses and election contests; creating 
5and defining membership of county boards of elections; 
6imposing duties upon the Secretary of the Commonwealth, 
7courts, county boards of elections, county commissioners; 
8imposing penalties for violation of the act, and codifying, 
9revising and consolidating the laws relating thereto; and 
10repealing certain acts and parts of acts relating to 
11elections," further providing for challenges.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 1210(d) of the act of June 3, 1937 
15(P.L.1333, No.320), known as the Pennsylvania Election Code, 
16amended October 8, 2004 (P.L.807, No.97), is amended and the 
17section is amended by adding a subsection to read:

18Section 1210. Manner of Applying to Vote; Persons Entitled
19to Vote; Voter's Certificates; Entries to Be Made in District
20Register; Numbered Lists of Voters; Challenges.--* * *

21(d) No person, except a qualified elector who is in actual
22military or naval service under a requisition of the President

1of the United States or by the authority of this Commonwealth,
2and who votes under the provisions of Article XIII of this act,
3shall be entitled or permitted to vote at any primary or
4election at any polling place outside the election district in
5which he resides, nor shall he be permitted to vote in the
6election district in which he resides, unless he has been
7personally registered as an elector and his registration card
8appears in the district register of such election district,
9except by order of the court of common pleas as provided in this
10act, and any person, although personally registered as an
11elector, may be challenged by any qualified elector, election
12officer, overseer, or watcher at any primary or election as to
13his identity, as to his continued residence in the election
14district or as to any alleged violation of the provisions of
15section 1210 of this act, and if challenged as to identity or
16residence, he shall produce at least one qualified elector of
17the election district as a witness, who shall make affidavit of
18his identity or continued residence in the election district [:
19Provided, however, That no].

20(d.1) No person shall be entitled to vote as a member of a
21party at any primary, unless he is registered and enrolled as a
22member of such party upon the district register, which
23enrollment shall be conclusive as to his party membership and
24shall not be subject to challenge on the day of the primary.

25(d.2) Notwithstanding subsection (d.1) of this section, in a
26primary election for judge of a court of common pleas; the
27Philadelphia Municipal Court or the Traffic Court of
28Philadelphia; or for the office of school director in a district
29where that office is elective or for the office of magisterial
30district judge, a registered elector who is not a member of a

1party, as defined in section 801(a) or 912.2 of this act, shall
2be entitled to vote pursuant to this section, but in order to
3vote the person must choose the ballot of a party.

4* * *

5Section 2. This act shall take effect in 60 days.