Regular Session 2017-2018 House Bill 1208 P.N. 1416

PRINTER'S NO. 1416

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1208

Session of

2017

INTRODUCED BY SOLOMON, RYAN, FREEMAN, YOUNGBLOOD, SCHLOSSBERG,

J. HARRIS, WARD, V. BROWN, NEILSON, KINSEY, W. KELLER,

MEHAFFIE, RABB, VITALI, STAATS AND SACCONE, APRIL 12, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 12, 2017

AN ACT

Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

"An act concerning elections, including general, municipal,

special and primary elections, the nomination of candidates,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," replacing the term "elector" with "voter"; and

making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 102, 201(c) and (f.2), 201.1, 202,

205(b) and 206(b) of the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code, are amended to read:

Section 102. Definitions.--The following words, when used in

this act, shall have the following meanings, unless otherwise

clearly apparent from the context:

(a) The word "candidate" shall, unless the context otherwise

requires, include both candidates for nomination and election.

(a.1) "Canvass" includes gathering the ballots after the

election and counting, computing and tallying the votes.

(b) The word "county" shall mean any county of this

Commonwealth.

county board of elections of any county herein provided for.

(d) The words "district election board" or "election board"

shall mean the election officers required to conduct primaries

and elections in any election district in accordance with the

provisions of this act.

(e) The words "district register" shall mean the cards

containing all or any part of the registry list of qualified

electors of the same election district, as prepared by the

registration commissions.

(f) The word "election" shall mean any general, municipal,

special or primary election, unless otherwise specified.

(g) The words "election district" shall mean a district,

division or precinct, established in accordance with the

provisions of this act, within which all qualified electors vote

at one polling place.

(g.1) The words "election officer" shall include the judge

of elections and the majority and minority inspectors elected or

appointed by a county board of elections and the clerk or

machine inspector appointed by a county board of elections.

(h) The words "general election" shall mean the election

which the Constitution of this Commonwealth requires to be held

in even-numbered years.

(i) The words "independent nomination" shall mean the

selection by an independent political body, in accordance with

the provisions of this act, of a candidate for a public office

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authorized to be voted for at an election.

(j) The words "municipal election" shall mean the election

which the Constitution of this Commonwealth requires to be held

in odd-numbered years.

(k) The word "nomination" shall mean the selection, in

accordance with the provisions of this act, of a candidate for a

public office authorized to be voted for at an election.

(l) The words "November election" shall mean either the

general or municipal election, or both, according to the

context.

(m) The word "oath" shall include affirmation and the word

"swear" shall include affirm.

(n) The word "party" shall mean a political party, as

defined in section 801 of this act.

(o) The words "party nomination" shall mean the selection by

a political party, in accordance with the provisions of this

act, of a candidate for a public office authorized to be voted

for at an election.

(p) The words "political body" shall mean an independent

body of [electors] voters, as defined in section 801 of this

act.

(q) The words "polling place" shall mean the room provided

in each election district for voting at a primary or election.

(r) The words "primary" or "primary election" shall mean any

election held for the purpose of electing party officers and

nominating candidates for public offices to be voted for at an

election.

(r.1) "Public institution" means institutions primarily

maintained by the Federal, State or local governments and

includes but is not limited to veterans' hospitals and homes,

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State hospitals, poorhouses and county homes.

(s) The words "public office" shall include every public

office to which persons can be elected by a vote of the

[electors] voters under the laws of this State.

(t) The words "qualified elector" shall mean any person who

shall possess all of the qualifications for voting now or

hereafter prescribed by the Constitution of this Commonwealth,

or who, being otherwise qualified by continued residence in his

election district, shall obtain such qualifications before the

next ensuing election.

(u) The words "registered and enrolled member of a political

party" shall mean any qualified [elector] voter who shall be

registered according to political designation, in accordance

with the provisions of the registration acts.

(v) The words "special election" shall mean any election

other than a regular general, municipal or primary election.

(w) The words "qualified absentee [elector] voter" shall

mean:

(1) Any qualified [elector] voter who is or who may be in

the military service of the United States regardless of whether

at the time of voting he is present in the election district of

his residence or is within or without this Commonwealth and

regardless of whether he is registered or enrolled; or

(2) Any qualified [elector] voter who is a spouse or

dependent residing with or accompanying a person in the military

service of the United States if at the time of voting such

spouse or dependent is absent from the municipality of his

residence: Provided, however, That the said [elector] voter has

been registered or enrolled according to law or is entitled,

under provisions of the Permanent Registration Law as now or

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hereinafter enacted by the General Assembly, to absentee

registration prior to or concurrently with the time of voting;

(3) Any qualified [elector] voter who is or who may be in

the service of the Merchant Marine of the United States if at

the time of voting he is absent from the municipality of his

residence: Provided, however, That the said [elector] voter has

been registered or enrolled according to law or is entitled,

under provisions of the Permanent Registration Law as now or

hereinafter enacted by the General Assembly, to absentee

registration prior to or concurrently with the time of voting;

(4) Any qualified [elector] voter who is a spouse or

dependent residing with or accompanying a person who is in the

service of the Merchant Marine of the United States if at the

time of voting such spouse or dependent is absent from the

municipality of his residence: Provided, however, That the said

[elector] voter has been registered or enrolled according to law

or is entitled, under provisions of the Permanent Registration

Law as now or hereinafter enacted by the General Assembly, to

absentee registration prior to or concurrently with the time of

voting; or

(5) Any qualified [elector] voter who is or who may be in a

religious or welfare group officially attached to and serving

with the armed forces if at the time of voting he is absent from

the municipality of his residence: Provided, however, That the

said [elector] voter has been registered or enrolled according

to law or is entitled, under provisions of the Permanent

Registration Law as now or hereinafter enacted by the General

Assembly, to absentee registration prior to or concurrently with

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the time of voting; or

(6) Any qualified [elector] voter who is a spouse or

dependent residing with or accompanying a person in a religious

or welfare group officially attached to and serving with the

armed forces if at the time of voting such spouse or dependent

is absent from the municipality of his residence: Provided,

however, That the said [elector] voter has been registered or

enrolled according to law or is entitled, under provisions of

the Permanent Registration Law as now or hereinafter enacted by

the General Assembly, to absentee registration prior to or

concurrently with the time of voting; or

(7) Any qualified [elector] voter who expects to be or is

outside the territorial limits of the several States of the

United States and the District of Columbia because his duties,

occupation or business require him to be elsewhere during the

entire period the polls are open for voting on the day of any

primary or election or who is or who may be a civilian employee

of the United States outside the territorial limits of the

several States of the United States and the District of

Columbia, whether or not such [elector] voter is subject to

civil-service laws and the Classification Act of 1949 and

whether or not paid from funds appropriated by the Congress, if

at the time of voting he is absent from the municipality of his

residence: Provided, however, That said [elector] voter has been

registered or enrolled according to law or is entitled, under

provisions of the Permanent Registration Law as now or

hereinafter enacted by the General Assembly, to absentee

registration prior to or concurrently with the time of voting;

(8) Any qualified [elector] voter who is a spouse or

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dependent residing with or accompanying a person who expects to

be or is outside the territorial limits of the several States of

the United States and the District of Columbia because his

duties, occupation or business require him to be elsewhere

during the entire period the polls are open for voting on the

day of any primary or election or who is a spouse or dependent

residing with or accompanying a person who is a civilian

employee of the United States outside the territorial limits of

the several States of the United States and the District of

Columbia whether or not such person is subject to civil-service

laws and the Classification Act of 1949 and whether or not paid

from funds appropriated by the Congress if at the time of voting

such spouse or dependent is absent from the municipality of his

residence: Provided, however, That the said [elector] voter has

been registered or enrolled according to law or is entitled,

under provisions of the Permanent Registration Law as now or

hereinafter enacted by the General Assembly, to absentee

registration prior to or concurrently with the time of voting;

(9) Any qualified war veteran [elector] voter who is

bedridden or hospitalized due to illness or physical disability

if he is absent from the municipality of his residence and

unable to attend his polling place because of such illness or

physical disability regardless of whether he is registered and

enrolled; or

(10) Any qualified, registered and enrolled [elector] voter

who expects to be or is absent from the municipality of his

residence because his duties, occupation or business require him

to be elsewhere during the entire period the polls are open for

voting on the day of any primary or election; or

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(11) Any qualified, registered and enrolled [elector] voter

who is unable to attend his polling place because of illness or

physical disability; or

(12) Any qualified, registered and enrolled [elector] voter

who is a spouse or dependent accompanying a person employed in

the service of this Commonwealth or in the service of the

Federal Government within the territorial limits of the several

States of the United States and the District of Columbia in the

event the duties, profession or occupation of such person

require him to be absent from the municipality of his residence;

(13) Any qualified [elector] voter who is a county employe

who cannot vote due to duties on election day relating to the

conduct of the election; or

(14) Any qualified [elector] voter who will not attend a

polling place because of the observance of a religious holiday:

Provided, however, That the words "qualified absentee

[elector] voter" shall in nowise be construed to include persons

confined in a penal institution or a mental institution nor

shall it in anywise be construed to include a person not

otherwise qualified as a qualified [elector] voter in accordance

with the definition set forth in section 102(t) of this act.

(x) The words "members of the Merchant Marine of the United

States" mean persons (other than persons in military service)

employed as officers or members of crews of vessels documented

under the laws of the United States or of vessels owned by the

United States or of vessels of foreign flag registry under

charter to or control of the United States, and persons (other

than persons in military service) enrolled with the United

States for employment or for training for employment or

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maintained by the United States for emergency relief service as

officers or members of crews of any such vessels, but does not

include persons so employed or enrolled for such employment or

for training for employment or maintained for such emergency

relief on the Great Lakes or the Inland waterways.

(y) The word "dependent" means any person who is in fact a

dependent.

(z) The words "person authorized to administer oaths" shall

mean any person who is a commissioned officer in military

service or any member of the Merchant Marine of the United

States designated for this purpose by the United States

Secretary of Commerce or any civilian official empowered by any

State or Federal law to administer oaths.

(z-1) The words "in military service" shall mean the

uniformed services as defined in section 102 of the Career

Compensation Act of 1949 (63 Stat. 804 U.S. Code, Title 37, Par.

231).

(z-3) The words "duties, occupation or business" shall

include leaves of absence for teaching or education, vacations,

sabbatical leaves, and all other absences associated with the

[elector's] voter's duties, occupation or business, and also

include an [elector's] voter's spouse who accompanies the

[elector] voter.

(z.4) The word "municipality" shall mean a city, borough,

incorporated town, township or any similar general purpose unit

of government which may be created by the General Assembly.

(z.5) The words "proof of identification" shall mean:

(1) In the case of [an elector] a voter who has a religious

objection to being photographed, a valid-without-photo driver's

license or a valid-without-photo identification card issued by

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the Department of Transportation.

(2) For [an elector] a voter who appears to vote under

section 1210, a document that:

(i) shows the name of the individual to whom the document

was issued and the name substantially conforms to the name of

the individual as it appears in the district register;

(ii) shows a photograph of the individual to whom the

document was issued;

(iii) includes an expiration date and is not expired,

except:

(A) for a document issued by the Department of

Transportation which is not more than twelve (12) months past

the expiration date; or

(B) in the case of a document from an agency of the Armed

forces of the United States or their reserve components,

including the Pennsylvania National Guard, establishing that the

[elector] voter is a current member of or a veteran of the

United States Armed Forces or National Guard which does not

designate a specific date on which the document expires, but

includes a designation that the expiration date is indefinite;

and

(iv) was issued by one of the following:

(A) The United States Government.

(B) The Commonwealth of Pennsylvania.

that municipality.

(D) An accredited Pennsylvania public or private institution

of higher learning.

(E) A Pennsylvania care facility.

(3) For a qualified absentee [elector] voter under section

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1301:

(i) in the case of [an elector] a voter who has been issued

a current and valid driver's license, the [elector's] voter's

driver's license number;

(ii) in the case of [an elector] a voter who has not been

issued a current and valid driver's license, the last four

digits of the [elector's] voter's Social Security number;

(iii) in the case of [an elector] a voter who has a

religious objection to being photographed, a copy of a document

that satisfies paragraph (1); or

(iv) in the case of [an elector] a voter who has not been

issued a current and valid driver's license or Social Security

number, a copy of a document that satisfies paragraph (2).

Section 201. Powers and Duties of the Secretary of the

Commonwealth.--The Secretary of the Commonwealth shall exercise

in the manner provided by this act all powers granted to him by

this act, and shall perform all the duties imposed upon him by

this act, which shall include the following:

* * *

and elections the names of the candidates for President and

Vice-President of the United States, presidential electors,

United States senators, representatives in Congress and all

State offices, including senators, representatives, and judges

of all courts of record, and delegates and alternate delegates

to National Conventions, and members of State committees, and

the form and wording of constitutional amendments or other

questions to be submitted to the [electors] voter s of the State

at large.

* * *

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(f.2) To order a county board to conduct a recount or

recanvass of an election under section 1404 for a public office

which appears on the ballot in every election district in this

Commonwealth or for a ballot question which appears on the

ballot in every election district in this Commonwealth.

* * *

Section 201.1. Explanation of Ballot Question.--Whenever a

proposed constitutional amendment or other State-wide ballot

question shall be submitted to the [electors] voters of the

Commonwealth in referendum, the Attorney General shall prepare a

statement in plain English which indicates the purpose,

limitations and effects of the ballot question on the people of

the Commonwealth. The Secretary of the Commonwealth shall

include such statement in his publication of a proposed

constitutional amendment as required by Article XI of the

Constitution of Pennsylvania. The Secretary of the Commonwealth

shall certify such statement to the county boards of elections

who shall publish such statement as a part of the notice of

elections required by section 1201 or any other provision of

this act. The county board of elections shall also require that

at least three copies of such statement be posted in or about

the voting room outside the enclosed space with the specimen

ballots and other instructions and notices of penalties. In

election questions which affect only one county or portion

thereof, the county board of elections shall fulfill these

requirements in the place of the Attorney General and the

Secretary of the Commonwealth.

Section 202. Records and Documents to Be Open to Public

Inspection.--The records of the Secretary of the Commonwealth

and all returns, nomination petitions, certificates and papers,

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other petitions, accounts, contracts, reports and other

documents and records in his custody shall be open to public

inspection, and may be inspected and copied by any qualified

[elector] voter of the State during ordinary business hours at

any time when they are not necessarily being used by the

Secretary of the Commonwealth, or his deputy or employes having

duties to perform in reference thereto: Provided, however, That

such public inspection thereof shall only be in the presence of

the Secretary of the Commonwealth, or his deputy or one of his

authorized employes, and shall be subject to proper regulation

for safekeeping of the records and documents, and subject to the

further provisions of this act.

Section 205. State Plan Advisory Board.--* * *

(b) The board shall be comprised of the following members:

(1) One director of elections from a county of the first

class.

(2) One director of elections from a county of the second

class.

(3) The chairperson of the political party with the highest

number of registered voters in the Commonwealth.

(4) The chairperson of the political party with the second

highest number of registered voters in the Commonwealth.

(5) Eleven members appointed by the Secretary of the

Commonwealth as follows:

(i) Seven directors of elections, one from a county of the

second class A and one each from a county of the third, fourth,

fifth, sixth, seventh and eighth class.

(ii) One representative of an organization of disabled

Pennsylvania veterans.

(iii) One representative of an organization of blind and

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visually impaired Pennsylvanians.

(iv) Two representatives of the public at large, who shall

be registered [electors] voters of the Commonwealth.

* * *

Section 206. Requirements Relating to Voter

Identification.--* * *

(b) Notwithstanding the provisions of 75 Pa.C.S. § 1510(b)

(relating to issuance and content of driver's license) to the

contrary, the Department of Transportation shall issue an

identification card described in 75 Pa.C.S. § 1510(b) at no cost

to any registered [elector] voter who has made application

therefor and has included with the completed application a

statement signed by the [elector] voter declaring under oath or

affirmation that the [elector] voter does not possess proof of

identification as defined in section 102(z.5)(2) and requires

proof of identification for voting purposes.

* * *

Section 2. Articles III, IV and V of the act are reenacted

and amended to read:

ARTICLE III

County Boards of Elections

Section 301. County Boards of Elections; Membership.--

(a) There shall be a county board of elections in and for

each county of this Commonwealth, which shall have jurisdiction

over the conduct of primaries and elections in such county, in

accordance with the provisions of this act.

(b) In each county of the Commonwealth, the county board of

elections shall consist of the county commissioners of such

county ex officio, or any officials or board who are performing

or may perform the duties of the county commissioners, who shall

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serve without additional compensation as such. Except in

counties of the first class, in counties which have adopted home

rule charters or optional plans the board of elections shall

consist of the members of the county body which performs

legislative functions unless the county charter or optional plan

provides for the appointment of the board of elections. In

either case, there shall be minority representation on the

board. The county body which performs legislative functions

shall in the case where the board does not contain minority

representation appoint such representation from a list submitted

by the county chairman of the minority party.

is a candidate for nomination or election to any public office,

the President Judge of the Court of Common Pleas shall appoint a

judge or [an elector] a voter of the county to serve in his

stead. Whenever there appears on the ballot a question relating

to the adoption of a Home Rule Charter for the county or

amendments to an existing county Home Rule Charter, the

President Judge of the Court of Common Pleas shall appoint

judges or [electors] voters of the county to serve in the stead

of the county commissioners. Appointees who are not currently

elected office holders shall receive compensation for such

service as determined by the salary board plus mileage as

specified by the county for expenses incurred when performing

election board business.

Section 302. Powers and Duties of County Boards.--The county

boards of elections, within their respective counties, shall

exercise, in the manner provided by this act, all powers granted

to them by this act, and shall perform all the duties imposed

upon them by this act, which shall include the following:

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(a) To investigate and report to the court of quarter

sessions their recommendations on all petitions presented to the

court by [electors] voters for the division, redivision,

alteration, change or consolidation of election districts, and

to present to the court petitions for the division, redivision,

alteration, change or consolidation of election districts in

proper cases.

(b) To select and equip polling places that meet the

requirements of this act.

election equipment of all kinds, including voting booths, ballot

boxes and voting machines, and to procure ballots and all other

supplies for elections.

(d) To appoint their own employes, voting machine

custodians, and machine inspectors.

(e) To issue certificates of appointment to watchers at

primaries and elections.

(f) To make and issue such rules, regulations and

instructions, not inconsistent with law, as they may deem

necessary for the guidance of voting machine custodians,

elections officers and [electors] voters.

(g) To instruct election officers in their duties, calling

them together in meeting whenever deemed advisable, and to

inspect systematically and thoroughly the conduct of primaries

and elections in the several election districts of the county to

the end that primaries and elections may be honestly,

efficiently, and uniformly conducted.

(h) To prepare and publish, in the manner provided by this

act, all notices and advertisements in connection with the

conduct of primaries and elections, which may be required by

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law.

(i) To investigate election frauds, irregularities and

violations of this act, and to report all suspicious

circumstances to the district attorney.

(j) To receive and determine, as hereinafter provided, the

sufficiency of nomination petitions, certificates and papers of

candidates for county, city, borough, township, ward, school

district, poor district, election offices, and local party

offices required by law or by party rules to be filed with the

board.

(k) To receive from district election officers the returns

of all primaries and elections, to canvass and compute the same,

and to certify, no later than the third Monday following the

primary or election, the results thereof to the Secretary of the

Commonwealth, as may be provided by law, and to such other

authorities as may be provided by law. The certification shall

include the number of votes received in each election district

by each candidate for the General Assembly.

(l) To publicly announce by posting at its office the

results of primaries and elections for county, city, borough,

township, ward, school district, poor district, election

offices, and party offices, if any; to provide the results to

the Secretary of the Commonwealth; and to issue certificates of

election to the successful candidates for said offices.

(m) To prepare and submit, within twenty days after the last

day to register to vote in each primary, municipal and general

election, a report to the Secretary of the Commonwealth in the

form prescribed by him, which shall contain a statement of the

total number of [electors] voters registered in each election

district, together with a breakdown of registration by each

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political party or other designation. Copies of said statement

shall be furnished, upon request, to the county chairman of each

political party and political body. The Secretary of the

Commonwealth shall forthwith submit such information to the

Legislative Data Processing Center and shall publicly report the

total number of registered [electors] voters for each political

party or other designation in each county not later than five

days prior to the primary, municipal or general election.

(n) To annually prepare and submit to the county

commissioners or other appropriating authorities of the county

an estimate of the cost of primaries and elections and of the

expenses of the board for the ensuing fiscal year.

(o) To perform such other duties as may be prescribed by

law.

(p) A county board of elections shall not pay compensation

to a judge of elections who wilfully fails to deliver by two

o'clock A. M. on the day following the election envelopes;

supplies, including all uncast provisional ballots; and returns,

including all provisional ballots and absentee ballots cast in

the election district.

Section 303. Decisions by Majority Vote; Employes.--

(a) All actions of a county board shall be decided by a

majority vote of all the members, except as may be otherwise

provided [herein] in this act.

(b) Each county board may appoint a chief clerk, who shall

have authority to administer oaths and to sign vouchers, and

such other employes and assistants as, from time to time, the

board may deem necessary to carry out the provisions of this

act. The county board may appoint the chief clerk and other

employes of the county commissioners to act as such for the

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county board of elections without any additional compensation as

such.

Section 304. Regulations; Subpoenas; Witnesses; Fees.--

(a) Each county board of elections may make regulations, not

inconsistent with this act or the laws of this Commonwealth, to

govern its public sessions, and may issue subpoenas, summon

witnesses, compel production of books, papers, records and other

evidence, and fix the time and place for hearing any matters

relating to the administration and conduct of primaries and

elections in the county under the provisions of this act. All

subpoenas issued by the county board shall be in substantially

the same form and shall have the same force and effect as

subpoenas issued by the court of common pleas of such county,

and, upon application, the board shall be entitled to the

benefit of the process of such court if necessary to enforce any

subpoena issued by them. Each member of the county board shall

have the power to administer oaths and affirmations. Each person

testifying before any county board shall be first duly sworn or

affirmed.

(b) Any person filing [any] a petition with a county board

or opposing the [same] petition shall have the privilege of

having subpoenas issued by the board to compel the attendance of

witnesses, upon condition that all witnesses so subpoenaed shall

be paid witness fees, in the manner herein provided.

be entitled to daily witness fees at the rate aforesaid, to be

paid by the board: Provided, however, That election officers,

clerks, machine inspectors, overseers and watchers, when

subpoenaed by the county board to appear before the board,

sitting for the computation and canvassing of votes cast at an

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election, shall not be entitled to witness fees.

(d) No subpoena shall be issued for the benefit of any

person other than the county board until he shall have paid the

board a fee of twenty-five (.25) cents for issuing the same and

deposited with the board one day's witness fees for each witness

to be summoned thereby, whose names shall be given to the board

and entered by it in such subpoena and among its records, and no

such subpoena shall be effective to require the further

attendance of any witness after the day mentioned therein,

unless the hearing be postponed or continued by the board, and

unless, before four o'clock P. M. of said day, the person for

whose benefit it be issued shall have deposited with the board

an additional day's witness fees for each witness whose further

attendance is desired. As soon as convenient after any hearing

is concluded, postponed or continued on any day, the county

board shall disburse the fees deposited with it by any persons

aforesaid, among those witnesses who have appeared in response

to subpoenas issued as aforesaid, and shall return to the person

who deposited the same any fees deposited for others who did not

attend, and shall also pay like fees to any witnesses summoned

by the board as aforesaid, taking their receipts therefor, so

long as there are sufficient funds available for such payments.

The county board shall pay over to the county treasurer all fees

received for subpoenas.

Section 305. Expenses of County Boards and of Primaries and

Elections to Be Paid by County; Expenses of Special Elections;

Boards to Be Provided with Offices.--

(a) The county commissioners or other appropriating

authorities of the county shall appropriate annually, and from

time to time, to the county board of elections of such county,

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the funds that shall be necessary for the maintenance and

operation of the board and for the conduct of primaries and

elections in such county, including the payment of the

compensation of the employes of the board, custodians, election

officers, and other assistants and employes herein provided for,

and the fees of witnesses as herein provided; for the purchase

or printing, under contracts made by the board, of all ballots

and other primary and election supplies required by this act, or

which the board shall consider necessary to carry out the

provisions of this act; for the purchase, under contracts made

by the board, and maintenance, of voting machines, when adopted

as herein provided, and of all other primary and election

equipment required by this act, or which the board shall

consider necessary to carry out the provisions of this act; for

the publication of notices authorized by this act, under

contracts made by the board, and for all other necessary

expenses hereunder: Provided, however, That bonds or other

evidences of indebtedness, payable not later than thirty years

from their dates of issuance, may be issued by the county

commissioners or other appropriating authorities of the county

in accordance with the provisions of law relating to the

increase of indebtedness of such county, to meet all or any part

of the cost of voting machines.

1. The county shall be liable for the expenses of holding

special elections for any city, borough, township, school

district or other municipality or incorporated district

contained therein, which is held on the day of any general,

municipal or primary election, and on any special question which

is required by law to be, or which is, at the discretion of the

county board, as hereinafter provided, printed on the regular

20170HB1208PN1416 - 21 -

ballot after the list of the candidates, or on the same voting

machine as the list of candidates.

2. Any city, borough, township, school district or other

municipality or incorporated district contained in any county,

holding a special election, as authorized by law, on the

question of increase of indebtedness or any other question to be

voted on by the [electors] voters of such subdivision, which

special election is held on the day of any general, municipal or

primary election and which is required by law to be conducted or

at the discretion of the county board, as hereinafter provided,

is conducted by special ballots for such question, shall be

liable to the county for the expenses necessarily incurred in

the printing of such special ballots.

3. If any other day than the day of any general, municipal

or primary election be fixed by the corporate authorities of any

municipality, school district or incorporated district for the

holding of a special election on the question of increase of

indebtedness or any other question, as authorized by law, such

municipality, school district or incorporated district shall be

liable for and pay the entire expense of holding such election,

including the cost of printing ballots and supplies, pay of

election officers, the rental of polling places, and the cost of

canvassing and computing the votes cast.

4. The Department of State shall reimburse county boards of

election for those additional costs incurred by the county for

any special election held to fill a vacancy in the Pennsylvania

General Assembly. Only those costs which are attributable solely

to the special election shall be reimbursed. Reimbursement shall

not be denied because the special election is held on the same

day as a general, municipal or primary election if the county

20170HB1208PN1416 - 22 -

can show that additional costs were incurred attributable solely

to the special election. The Governor may, from time to time,

allocate to the Department of State as much money from the

General Fund as he deems necessary to permit the department to

reimburse the counties for costs incurred in the special

elections.

(b) The county commissioners or other appropriating

authorities of the county shall provide the county board with

suitable and adequate offices at the county seat, properly

furnished for keeping its records, holding its public sessions

and otherwise performing its public duties, and shall also

provide such branch offices for the board in cities other than

the county seat, as may be necessary.

class and county for election expenses incurred in and

incidental to preparing, handling, mailing, delivering, counting

and storing official absentee ballots requested by any [elector]

voter in military service, Federal employment overseas, Merchant

Marine, and in any religious group or welfare agency assisting

the Armed Forces, including spouses and dependents, and

bedridden and hospitalized veterans as herein provided in the

sum of sixty cents (60¢) for each such ballot mailed or

delivered.

Each county board of elections shall file in the Department

of State, not later than thirty days after every election, on a

form prescribed by the Department of State, a statement of the

number of ballots mailed or delivered in such manner as is now

or may hereafter be provided by law to [electors] voters in

actual military service, Federal employment overseas, Merchant

Marine, and in any religious group or welfare agency assisting

20170HB1208PN1416 - 23 -

the Armed Forces, including spouses and dependents, and to

bedridden or hospitalized veterans.

The Department of State shall ascertain and fix the amount

due, as herein provided, to each city of the first class and

county for election expenses incurred, and by requisition in the

usual course shall provide for payment of such amounts so found

due from moneys appropriated to the Department of State for such

purpose, or shall prorate the moneys so appropriated among the

several cities of the first class and counties to be reimbursed,

if the amount so appropriated shall not be sufficient for the

payment in full to each city of the first class and county of

the amount found to be due.

Section 306. Counsel; Compensation; Duties.--The county

solicitor shall serve as counsel for the county board in the

several counties of the Commonwealth, and shall receive no

compensation therefor in addition to his compensation as county

solicitor. Such counsel shall advise the county board, from time

to time, regarding its powers and duties, and the rights of

candidates and [electors] voters, and concerning the best

methods of legal procedure for carrying out the various

provisions of this act, and shall appear for and represent the

county board on all appeals taken from its decisions or orders

to the court of common pleas, as herein provided.

Section 307. Acts of Employes.--The amending of any

[records] record by any employe of any county board of elections

by order of such board shall be construed to have been done by

the board itself, which shall likewise be responsible for the

correction of any errors in the doing thereof.

Section 308. Records and Documents to Be Open to Public

Inspection; Proviso.--The records of each county board of

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elections, general and duplicate returns, tally papers,

affidavits of voters and others, nomination petitions,

certificates and papers, other petitions, appeals, witness

lists, accounts, contracts, reports and other documents and

records in its custody, except the contents of ballot boxes and

voting machines and records of assisted voters, shall be open to

public inspection, except as herein provided, and may be

inspected and copied by any qualified [elector] voter of the

county during ordinary business hours, at any time when they are

not necessarily being used by the board, or its employes having

duties to perform thereto: Provided, however, That such public

inspection thereof shall only be in the presence of a member or

authorized employe of the county board, and shall be subject to

proper regulation for safekeeping of the records and documents,

and subject to the further provisions of this act: And provided

further, That general and duplicate returns, tally papers,

affidavits of voters and others, and all other papers required

to be returned by the election officers to the county board

sealed, shall be open to public inspection only after the county

board shall, in the course of the computation and canvassing of

the returns, have broken such seals and finished, for the time,

their use of said papers in connection with such computation and

canvassing.

Section 309. Preservation of Records.--All documents, papers

and records in the office of the county board of elections of

each county shall be preserved [therein] in the office for a

period of at least eleven (11) months, and all official ballots

and the contents of ballot boxes shall be preserved therein for

a period of at least four (4) months; in the event the county

board has been notified in writing by the district attorney of

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the county, or by a judge of a court of record, to preserve said

papers or contents of ballot boxes for a longer period of time,

for the purposes of pending prosecution or litigation, said

records shall be preserved accordingly.

Section 310. Watchers or Attorneys at Sessions of County

Board; Candidates May Be Present.--

(a) Any party or political body or body of citizens which

now is, or hereafter may be, entitled to have watchers at any

registration, primary or election, shall also be entitled to

appoint watchers who are qualified [electors] voters of the

county or attorneys to represent such party or political body or

body of citizens at any public session or sessions of the county

board of elections, and at any computation and canvassing of

returns of any primary or election and recount of ballots or

recanvass of voting machines under the provisions of this act.

Such watchers or attorneys may exercise the same rights as

watchers at registration and polling places, but the number who

may be present at any one time may be limited by the county

board to not more than three for each party, political body or

body of citizens.

(b) Every candidate shall be entitled to be present in

person or by attorney in fact duly authorized, and to

participate in any proceeding before any county board whenever

any matters which may affect his candidacy are being heard,

including any computation and canvassing of returns of any

primary or election or recount of ballots or recanvass of voting

machines affecting his candidacy.

recount of ballots or recanvass of voting machines shall be

entitled to examine the ballots or the voting machine and to

20170HB1208PN1416 - 26 -

raise any objections regarding the same, which shall be decided

by the county board, subject to appeal, in the manner provided

by this act.

Section 311. Immunity from Arrest.--Members of county boards

of elections, and custodians of voting machines shall be

privileged from arrest while performing their duties [as such]

under this act, except upon warrant of a court of record or

judge thereof, for felony, for wanton breach of the peace or for

a criminal violation of this act.

ARTICLE IV

District Election Officers

Section 401. District Election Boards; Election.--All

primaries and elections shall be conducted in each election

district by a district election board consisting of a judge of

election, a majority inspector of election and a minority

inspector of election, assisted by clerks and machine inspectors

in certain cases, as hereinafter provided. The judge and

inspectors of election of each election district shall be

elected by the [electors] voters thereof at the municipal

election, and shall hold office for a term of four years from

the first Monday of January next succeeding their election. Each

[elector] voter may vote for one person as judge and for one

person as inspector, and the person receiving the highest number

of votes for judge shall be declared elected judge of election,

the person receiving the highest number of votes for inspector

shall be declared elected majority inspector of election, and

the person receiving the second highest number of votes for

inspector shall be declared elected minority inspector of

election.

Section 402. Qualifications of Election Officers.--(a)

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Except as provided in subsection (b), election officers shall be

qualified registered [electors] voters of the district in which

they are elected or appointed. No person shall be qualified to

serve as an election officer who shall hold, or shall within two

months have held, any office, appointment or employment in or

under the Government of the United States or of this State or of

any city or county or poor district, of any municipal board,

commission or trust in any city, save only district justices,

notaries public and persons in the militia service of the State;

nor shall any election officer be eligible to any civil office

to be voted for at a primary or election at which he shall

serve, except that of an election officer.

(b) The county board may appoint students notwithstanding

their eligibility to vote to serve as a clerk or machine

inspector pursuant to the following:

(1) The county board may appoint no more than two students

per precinct.

(2) The judge of elections shall have direct supervision of

the student.

(3) The county board may compensate the student.

(4) The county board shall comply with all applicable

Federal and State laws.

(5) The student must at the time of the election for which

the student shall serve:

(i) be at least seventeen (17) years of age;

(ii) be a United States citizen and a resident of the county

in which he was appointed to serve;

(iii) be enrolled in a secondary educational institution

with an exemplary academic record as determined by the

educational institution;

20170HB1208PN1416 - 28 -

(iv) be approved by the principal or director of the

secondary educational institution; and

(v) have obtained the consent of their parent or guardian.

(6) The student may not serve as a judge of election or

majority or minority inspector.

Section 403. Tie Votes for Judge and Inspector.--If at any

municipal election in any district there shall be a tie vote for

the office of judge of election, the majority inspector of

election elected at said election shall decide the tie vote. If

at any municipal election in any district there is a tie vote

for inspectors, the two candidates who receive the same number

of votes shall determine by lot which of them shall be the

majority inspector, and the other candidate shall be the

minority inspector, and in case of a tie vote also for judge of

election at said election, the tie shall be decided by the

person so determined to be majority inspector. The county board

shall be notified immediately upon the determination of [any

such] a tie vote.

Section 404. Clerks of Election, Machine Inspectors.--Prior

to the opening of the polls at each primary and election in

districts in which voting machines are not used, each inspector

shall appoint one clerk to serve at such primary or election.

One clerk shall be appointed by the minority inspector in each

district in which a voting machine or machines are used, and in

each district in which more than one voting machine is used, the

county board of elections shall, prior to each primary and

election, appoint for each additional voting machine to be used

in such district, one qualified registered [elector] voter of

the county to serve as machine inspector therein for such

primary or election. The qualifications of clerks and machine

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inspectors shall be the same as herein provided for election

officers.

Section 405. Vacancies in Election Boards; Appointment;

Judge and Majority Inspector to Be Members of Majority Party;

Minority Inspector to Be Member of Minority Party.--(a)

Vacancies in election boards existing by reason of the

disqualification, removal, resignation or death of an election

officer, or from any other cause, occurring prior to the fifth

day before any primary or election, shall, in all cases, be

filled by appointment, by the court of the proper county, of

competent persons, qualified in accordance with the provisions

of this act, who shall serve for the unexpired term of the

person whose place he is appointed to fill: Provided, however,

That any district election officer who, after his election or

appointment, changes his political affiliation, shall not

thereby become disqualified to serve on said election board, and

shall not thereby be subject to removal. In making such

appointments, the court shall receive and consider any petitions

filed by qualified [electors] voters of the district affected,

and shall make no appointment to fill any vacancy unless notice

of the time at which they will make such appointment shall have

been posted on the polling place of such district, and in the

immediate vicinity thereof, at least five days prior thereto. In

the appointment of inspectors in any election district, both

shall not be of the same political party at the time of said

appointment, but one shall be of the party having the largest

number of votes and the other shall be of the party having the

second largest number of votes in said district at the last

preceding November election, as nearly as the judge or judges

can ascertain the fact. The judge of election shall, in all

20170HB1208PN1416 - 30 -

cases of appointment, be of the political party having the

majority of votes in said district at the last preceding

November election, as nearly as the judge or judges can

ascertain the fact. Immediately upon the entry of an order of

court filling any vacancy on an election board, the clerk of

said court shall forthwith transmit a certified copy of said

order to the county board, giving the name and address of said

appointee. Notwithstanding any provisions to the contrary, in

counties which have adopted home rule charters or optional plans

and which appoint the members of the county election board under

section 301(b), vacancies in the county board of elections shall

be filled consistent with the provisions for appointment of

county election board members under that section.

(a.1) Vacancies in county boards existing by reason of the

disqualification, removal, resignation or death of a clerk or

machine inspector appointed pursuant to section 404 or a vacancy

of a clerk or machine inspector from any other cause occurring

prior to the day of any primary or election may be filled by a

student pursuant to section 402(b).

(b) The first election board for any new district shall be

selected, by the court of the proper county, of competent

persons, qualified in accordance with the provisions of this

act, who shall serve until the next municipal election at which

all election officials are elected under the provisions of

section 401.

during the five days immediately preceding any primary or

election or on the day of the primary or election may be filled

by appointment by the county board of elections from a pool of

competent persons who are qualified registered [electors] voters

20170HB1208PN1416 - 31 -

of the county and who have been trained by the county to perform

the duties of election officers which are required by this act.

Any person appointed to fill a vacancy in accordance with this

subsection shall serve as a member of the election board on the

day of the primary or election only. Any election board position

filled in accordance with this subsection shall be deemed vacant

on the day immediately following the primary or election and

subsequently shall be filled in accordance with subsection (a).

Section 406. Election Officers to Be Sworn.--All judges,

inspectors, clerks of election and machine inspectors shall,

before entering upon their duties at any primary or election, be

duly sworn in the presence of each other and of the watchers and

overseers, if any. The judge shall first be sworn by the

minority inspector or by a magistrate, alderman or [justice of

the peace] magisterial district judge, and the inspectors,

clerks and machine inspectors shall then be sworn by the judge.

Each of them shall forthwith sign in duplicate the oath taken by

him upon forms to be furnished by the county board, and the same

shall be attested by the officer who administered the oath.

Section 407. Oath of Judge of Election.--The following shall

be the oath of each judge of election:

"I [(John Doe)] (name) do swear (or affirm) that I will as

judge duly attend the ensuing election (or primary) during the

continuance thereof, and in cooperation with the inspectors,

faithfully carry on the same; that I will not give my consent to

the admission of any person to vote, except such as I firmly

believe to be registered and entitled to vote at such election

(or primary), according to the provisions of the Constitution

and laws of this Commonwealth, and that I will use my best

endeavors to prevent any fraud, deceit or abuse in carrying on

20170HB1208PN1416 - 32 -

the same, and that I will make a true and perfect return of the

said election (or primary), and will at all times impartially

and faithfully perform my duty respecting the same, to the best

of my judgment and ability; and that I am not directly or

indirectly interested in any bet or wager on the result of this

election (or primary)."

Section 408. Oaths of Inspectors of Election.--The following

shall be the form of the oath to be taken by each inspector:

"I [(John Doe)] (name) do swear (or affirm) that I will as an

inspector duly attend the ensuing election (or primary) during

the continuance thereof, and that I will not admit any person to

vote, except such as I shall firmly believe to be registered and

entitled to vote at such election (or primary), according to the

provisions of the Constitution and laws of this Commonwealth,

that I will not vexatiously delay or refuse to permit any person

to vote whom I shall believe to be entitled to vote as

aforesaid, that I will make a true and perfect return of the

said election (or primary), and that I will in all things truly,

impartially and faithfully perform my duties therein, to the

best of my judgment and ability; and that I am not directly or

indirectly interested in any bet or wager on the result of this

election (or primary)."

Section 409. Oaths of Clerks of Election.--The following

shall be the form of the oath to be taken by each clerk:

"I [(John Doe)] (name) do swear (or affirm) that I will as a

clerk attend the ensuing election (or primary) during the

continuance thereof, that I will carefully and truly record the

number of votes that shall be given for each candidate at the

election (or primary) as often as his name shall be read to me

by the judge or inspectors thereof, and in all things truly and

20170HB1208PN1416 - 33 -

faithfully perform my duty respecting the same to the best of my

judgment and ability; and that I am not directly or indirectly

interested in any bet or wager on the result of this election

(or primary)."

Section 410. Oath of Machine Inspectors.--The following

shall be the form of the oath to be taken by each machine

inspector:

"I [(John Doe)] (name) do swear (or affirm) that I will as a

machine inspector attend the ensuing election (or primary)

during the continuance thereof, that I will in all things truly

and faithfully perform my duty respecting the same to the best

of my judgment and ability; and that I am not directly or

indirectly interested in any bet or wager on the result of this

election (or primary)."

Section 411. Power of Election Officers to Administer

Oaths.--The judge and inspectors of election shall each have the

power to administer oaths to any person claiming the right to

vote, or to [his] the person's witnesses, or in any matter or

thing required to be done or inquired into by them under this

act.

Section 412.2. Compensation of District Election Officers.--

(a) In [all counties] each county regardless of class, the

compensation of judges of election, inspectors of election,

clerks and machine operators shall be fixed by the county board

of elections for each election in accordance with the following:

Election Officers Minimum Maximum

Compensation Compensation

Judges of election

$75 $200

Inspectors of election

$75 $195

Clerks and machine operators

$70 $195

20170HB1208PN1416 - 34 -

(b) If a county board of elections authorizes that the

duties of a clerk of elections or machine operator may be

performed by two individuals who each perform such duties for

one-half of an election day, such individuals shall each be

compensated at one-half of the rate authorized for a single

individual who performs the duties for the entire election day.

establish different per diem rates within the minima and maxima

provided for in subsection (a) based on the number of votes cast

for the following groups:

(1) 150 votes or fewer.

(2) 151 to 300 votes.

(3) 301 to 500 votes.

(4) 501 to 750 votes.

(5) 751 votes and over.

(d) For transmitting returns of elections and the ballot box

or boxes, all judges of election shall be entitled to receive

the additional sum of twenty dollars ($20).

(e) The county board of elections may, in its discretion,

require the minority inspector of election to accompany the

judge of election in transmitting the returns of elections, in

which case the minority inspector of election shall be entitled

to receive the additional sum of twenty dollars ($20).

(f) The person furnishing transportation to the judge of

election and the minority inspector in transmitting returns and

ballot boxes shall be entitled to a minimum of thirty-five cents

(35¢) per circular mile from the polling place to the county

court house. The name of such person shall appear on the voucher

of the judge of election, and only one person shall receive

mileage compensation.

20170HB1208PN1416 - 35 -

(h) When a primary and special election or a special

election and a general or municipal election take place on the

same date, they shall be construed as one election for the

purpose of receiving compensation.

(i) Compensation and other payments received by election

officials pursuant to this section shall not be deemed income

classified and categorized under section 303 of the act of March

4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."

Section 413. Election Officers, Clerks, Machine Inspectors,

and Overseers Privileged from Arrest.--District election

officers, clerks, machine inspectors and overseers shall be

privileged from arrest upon days of primaries and elections, and

while [engaged in] making up and transmitting returns, except

upon the warrant of a court of record, or judge thereof, for an

election fraud, for felony, or for wanton breach of the peace.

Section 414. Instruction of Election Officers in Voting

Machine Districts; Unqualified Officers Not to Serve.--In

districts in which voting machines are to be used, the county

board of elections, or the custodians appointed by them, shall

instruct in the use of the machines, and in their duties in

connection therewith, all judges and inspectors of election and

machine inspectors who are to serve at the primary or election,

and who have not been previously instructed and found qualified,

and they shall give to each judge, inspector and machine

inspector, who has received such instruction and is found

qualified to conduct such primary or election with the voting

machine, a certificate to that effect. For the purpose of giving

such instructions, the county boards shall call such meeting or

meetings of election officers as shall be necessary. Each judge,

inspector and machine inspector shall, upon notice, attend such

20170HB1208PN1416 - 36 -

meeting or meetings called for his instruction and receive such

instruction as shall be necessary for the proper conduct of the

primary or election with voting machines, and, as compensation

for the time spent in receiving such instruction, each judge,

inspector and machine inspector who shall qualify for and serve

at such primary or election, shall receive the sum of five

($5.00) dollars, to be paid to him at the same time and in the

same manner as compensation is paid to him for his services on

election day. No judge, inspector or machine inspector shall

serve at any primary or election at which a voting machine is

used, unless he shall have received such instructions, shall

have been found qualified to perform his duties in connection

with the machine, and shall have received a certificate to that

effect from the county board or one of the custodians appointed

by them: Provided, however, That this shall not prevent the

appointment of a judge or inspector of election or machine

inspector to fill a vacancy arising on the day of election or on

the preceding day.

Section 415. Overseers of Election.--On the petition of five

or move duly registered [electors] voters of any election

district, setting forth that the appointment of overseers is a

reasonable precaution to secure the purity and fairness of any

primary or election in said district, it shall be the duty of

the court of common pleas of the proper county, all the law

judges of the said court able to act at the time concurring, to

appoint two judicious, sober and intelligent [electors] voters

of the said district belonging to different political parties,

overseers of election to supervise the proceedings of election

officers thereof and to make report of the same as they may be

required by such court. Said overseers shall be persons

20170HB1208PN1416 - 37 -

qualified to serve upon election boards, but shall not be

required to comply with the provisions of section 414 of this

act. They shall be sworn or affirmed by the judge of election,

to the faithful discharge of their duties, and each shall sign

said oath in duplicate, and shall have the right to be present

with the officers of such primary or election within the

enclosed space during the entire time the same is held, the

votes counted, and the returns made out and signed by the

election officers; to keep a list of voters if they see proper;

to challenge any person offering to vote and interrogate him and

his witnesses under oath in regard to his right of suffrage at

said primary or election, and to examine his papers produced.

Overseers shall sign returns of elections as hereinafter

required. Whenever the members of an election board shall differ

in opinion, the overseers, if they shall be agreed thereon,

shall decide the question of difference.

Section 416. Driving away Overseers; Effect.--Election

officers are required to afford to said overseers, so selected

and appointed, every convenience and facility for the discharge

of their duties. If said election officers shall refuse to

permit said overseers to be present and to perform their duties,

as aforesaid, or if the overseers shall be driven away from the

polls by violence or intimidation, all the votes polled in such

election district may be rejected by the proper tribunal trying

a contest of the said primary or election, or a part or portion

of such votes aforesaid may be counted, as such tribunal may

deem necessary to a just and proper disposition of the case.

Section 417. Appointment of Watchers.--

(a) Each candidate for nomination or election at any

election shall be entitled to appoint two watchers for each

20170HB1208PN1416 - 38 -

election district in which such candidate is voted for. Each

political party and each political body which has nominated

candidates in accordance with the provisions of this act, shall

be entitled to appoint three watchers at any general, municipal

or special election for each election district in which the

candidates of such party or political body are to be voted for.

Such watchers shall serve without expense to the county.

(b) Each watcher so appointed must be a qualified registered

[elector] voter of the county in which the election district for

which the watcher was appointed is located. Each watcher so

appointed shall be authorized to serve in the election district

for which the watcher was appointed and, when the watcher is not

serving in the election district for which the watcher was

appointed, in any other election district in the county in which

the watcher is a qualified registered [elector] voter: Provided,

That only one watcher for each candidate at primaries, or for

each party or political body at general, municipal or special

elections, shall be present in the polling place at any one time

from the time that the election officers meet prior to the

opening of the polls under section 1208 until the time that the

counting of votes is complete and the district register and

voting check list is locked and sealed, and all watchers in the

room shall remain outside the enclosed space. It shall not be a

requirement that a watcher be a resident of the election

district for which the watcher is appointed. After the close of

the polls and while the ballots are being counted or voting

machine canvassed, all the watchers shall be permitted to be in

the polling place outside the enclosed space. Each watcher shall

be provided with a certificate from the county board of

elections, stating his name and the name of the candidate, party

20170HB1208PN1416 - 39 -

or political body he represents. Watchers shall be required to

show their certificates when requested to do so. Watchers

allowed in the polling place under the provisions of this act,

shall be permitted to keep a list of voters and shall be

entitled to challenge any person making application to vote and

to require proof of his qualifications, as provided by this act.

During those intervals when voters are not present in the

polling place either voting or waiting to vote, the judge of

elections shall permit watchers, upon request, to inspect the

voting check list and either of the two numbered lists of voters

maintained by the county board: Provided, That the watcher shall

not mark upon or alter these official election records. The

judge of elections shall supervise or delegate the inspection of

any requested documents.

political body, nor any other person or persons shall pay to any

watcher compensation in excess of one hundred twenty ($120.00)

dollars per diem.

(d) A watcher whose watcher's certificate is destroyed or

lost on election day may appear before the court of common pleas

under section 1206 and, after swearing under oath or affirmation

that the watcher's certificate was destroyed or lost, may

immediately receive a replacement watcher's certificate issued

by the court.

ARTICLE V

Election Districts and Polling Places

Section 501. Townships, Boroughs and Wards to Constitute

Election Districts.--Each borough and township, not divided into

wards, and each ward of every city, borough and township now

existing or hereafter created, shall constitute a separate

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election district, unless divided into two or more election

districts or formed into one election district, as hereinafter

provided.

Section 502. Court to Create New Election Districts.--

Subject to the provisions of section 501 of this act, the court

of common pleas of the county in which the same are located, may

form or create new election districts by dividing or redividing

any borough, township, ward or election district into two or

more election districts of compact and contiguous territory,

having boundaries with clearly visible physical features

conforming with census block lines from the most recently

completed Federal decennial census and wholly contained within

any larger district from which any Federal, State, county,

municipal or school district officers are elected, or alter the

bounds of any election district, or form an election district

out of two or more adjacent districts or parts of districts, or

consolidate adjoining election districts or form an election

district out of two or more adjacent wards, so as to suit the

convenience of the [electors] voters and to promote the public

interests. Except for good cause shown, election districts so

formed shall not contain more than one thousand two hundred

(1,200) registered [electors] voters. No election district shall

be formed that shall contain less than one hundred (100)

registered [electors] voters. When a school district crosses

county lines, the regions of the school district shall be

composed of contiguous election districts.

Section 503. Petitions for New Election Districts; Reference

to County Board of Elections; Report.--Upon the petition of

twenty registered [electors] voters of any township, borough,

ward or election district, to the court of the proper county,

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praying for the division or redivision of such township,

borough, ward or election district into two or more election

districts, or for the alteration of the bounds of any election

district, or for the formation of one or more election districts

out of two or more existing election districts, or parts

thereof, or for the consolidation of adjoining election

districts, the said court shall refer the said petition to the

county board of elections, which shall make a full investigation

of the facts, and shall report to the court its findings and

recommendations as to the division, redivision, alteration,

formation or consolidation of election districts prayed for. If

the county board shall find that a division, redivision,

alteration, formation or consolidation of election districts

will promote the convenience of the [electors] voters and the

public interests, it shall recommend a proper division,

redivision, alteration, formation or consolidation of election

districts, which must have clearly visible physical boundaries

conforming with census block lines from the most recently

completed Federal decennial census, and shall accompany its

report with a map and a verbal description of the boundaries, as

well as a certification of the number of [electors] voters

registered in each of the resulting election districts for the

immediately preceding general or municipal election. Such

petitions may specify the boundaries desired by the petitioners,

and may be accompanied by a map setting forth such boundaries.

When petitioners request specific boundaries, their petition

shall include a certification from the county board of elections

of the [electors] voters registered in each proposed election

district for the immediately preceding general or municipal

election.

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Section 504. Petitions by County Board; Action by Court on

Petition or Report.--The county board of elections may also

petition the court for the division or redivision of any

township, borough, ward or election district into two or more

election districts, or for the alteration of the bounds of any

election district, or for the formation of one or more election

districts out of two or more existing election districts, or

parts thereof, or for the consolidation of adjoining election

districts, accompanying its petition with a map and a verbal

description of the boundaries of the proposed new election

districts which must have clearly visible physical features

conforming with census block lines from the most recently

completed Federal decennial census. The petition must also

include a certification of the number of [electors] voters

registered in each of the resulting election districts for the

immediately preceding general or municipal election. Upon the

presentation of any such petition by the county board, or upon

the filing by the board of its report and recommendations as to

any petition presented by qualified [electors] voters under the

provisions of section 503 of this act, the court may make such

order for the division, redivision, alteration, formation or

consolidation of election districts, as will, in its opinion,

promote the convenience of [electors] voters and the public

interests: Provided, however, That the court shall not make any

final order for the division, redivision, alteration, formation

or consolidation of election districts until at least ten days

after notice shall have been posted in at least five public and

conspicuous places in the district or districts to be affected

thereby, one of which notices shall be posted on or in the

immediate vicinity of the polling place in each such district.

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Such notice shall state in brief form the division, redivision,

alteration, formation or consolidation of election districts

recommended by the county board, the number of [electors] voters

registered in each district at the immediately preceding general

or municipal election, and the date upon which the same will be

considered by the court, and shall contain a warning that any

person objecting thereto must file his objections with the clerk

of the court prior to such date. Upon the making of any such

final order by the court, a copy thereof shall be certified by

the clerk to the county board of elections.

Section 505. Court in its Order to Appoint Election

Officers.--In all cases in which any court shall make a final

order for the division, redivision, alteration, formation or

consolidation of an election district or districts, said court

shall, within a reasonable time thereafter, make an order

appointing the district election board or boards for holding

elections in said district or districts, until an election board

shall have been elected according to law.

Section 506. District Boundaries.--In administering

elections for the nomination and election of candidates for the

United States House of Representatives and the General Assembly,

county boards of election shall adhere to the following rule:

Where an election district is used in or pursuant to a

congressional redistricting statute or the Final Plan of the

Legislative Reapportionment Commission to define the boundary of

a congressional district or State legislative district, the

boundary of such election district shall be the boundary

existing and recognized by the Legislative Reapportionment

Commission for the adoption of its Final Plan. The boundaries of

the congressional districts as established by statute and State

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legislative districts as set forth in the Final Plan of the

Legislative Reapportionment Commission shall remain in full

force and effect for use thereafter until the next

reapportionment or redistricting as required by law and shall

not be deemed to be affected by any action taken pursuant to

this article.

(b) Polling Places

Section 526. Polling Places to Be Selected by County

Board.--(a) The county board of elections shall select and fix

the polling place within each new election district and may, at

any time, for any reason that may seem proper to it, either on

its own motion or on petition of ten qualified registered

[electors] voters of an election district, change the polling

place within any election district. Except in case of an

emergency or unavoidable event occurring within twenty days of a

primary or election, which renders any polling place unavailable

for use at such primary or election, the county board shall not

change any polling place until at least five days after notice

of the proposed change shall have been posted on the existing

polling place and in the immediate vicinity thereof, and until

at least five days after written notice of the proposed change

shall have been given to the occupant or owner of said polling

place, or their agent.

(b) Except in case of emergency or unavoidable event,

occurring within twenty days of a primary or election, which

renders any polling place unavailable for use, if a petition be

presented to the county board on or before the day set for

hearing of the petition for change of polling place, signed by a

majority of the registered [electors] voters of the district,

objecting to the proposed change, said change shall not be

20170HB1208PN1416 - 45 -

ordered.

not less than twenty days prior to the primary election, special

election, municipal election or general election, by posting at

its office in a conspicuous place, a list of the places at which

the election is to be held in the various election districts of

the county. The list shall be available for public inspection at

the office of the county board of elections.

Section 527. Public Buildings to Be Used Where Possible;

Portable Polling Places.--(a) In selecting polling places, the

county board of elections shall, wherever possible and

practicable, select schoolhouses, municipal buildings or rooms,

or other public buildings for that purpose. Any board of public

education or school directors, or county or the municipal

authorities shall, upon request of the county board, make

arrangements for the use of school property, or of county or

municipal property for polling places. In selecting polling

places, the county board of elections shall make every effort to

select polling places that provide all [electors] voters with an

environment that is free from intimidation and violence.

In the event no available public building as contemplated

under this section is situated within the boundaries of any

election district, the county board of elections may, not less

than twenty days prior to any election, designate as the polling

place for such election district any such public building

situated in another election district within the same or

immediately adjacent ward, or, if there are no wards, then

within the same borough or township as the case may be, provided

such other building is located in an election district which is

immediately adjacent to the boundary of the election district

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for which it is to be the polling place and is directly

accessible therefrom by public street or thoroughfare. Two or

more polling places may be located in the same public building

under this section. A polling place may be selected and

designated hereunder less than twenty days prior to any

election, with the approval of a court of competent

jurisdiction.

(b) In the event no available public building as

contemplated under subsection (a) is situated within the

boundaries of a borough which constitutes a single election

district, the county board of elections may, not less than ten

days prior to any election, designate as the polling place for

such election district a municipal building owned by that

borough and located in an adjoining second class township:

Provided, That the municipal building which is to serve as the

polling place is located in an election district immediately

adjacent to the boundary of such borough and is directly

accessible from the borough by public street or thoroughfare.

Such municipal building may be designated as the polling place

for an election less than ten days prior to that election, with

the approval of a court of competent jurisdiction.

portable or movable polling places of adequate size and

facilities for any or all election districts.

Section 528. Temporary Polling Places.--If, in any election

district, no proper polling place can be obtained, the county

board of elections shall cause to be constructed for such

district, a temporary room of adequate size to be used as a

polling place.

Section 529. Polling Places in Buildings or Rooms Where Malt

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or Brewed Beverages or Liquors Dispensed Prohibited.--(a)

Except as provided in subsection (c), no election shall be held

in any room where malt or brewed beverages or liquors are

dispensed. No malt or brewed beverages or liquors may be served

in a building where a polling place is located during the hours

that the polling place is open.

(b) The polling place [must] shall be accessible from an

outside entrance that does not require passageway through the

room where malt or brewed beverages or liquors are dispensed.

the act of April 12, 1951 (P.L.90, No.21), known as the Liquor

Code, which is located in a building with only one room, an

election may be held in the room if no malt or brewed beverages

or liquors are served during the hours that the polling place is

open.

Section 529.1. Polling Places in Other Buildings.--No

election shall be held in any of the following:

(1) A private residence not situated within the boundaries

of the election district.

(2) A private residence of an elected or appointed party

official.

(3) A private residence that is not otherwise prohibited

under paragraphs (1), (2), (6) and (7), unless the county board

of elections certifies in writing and at a public hearing that:

(i) the polling place located within the private residence

is accessible to persons with disabilities; and

(ii) the private residence is a location free of

intimidation and harassment.

(4) An abandoned building.

(5) A vacant lot.

20170HB1208PN1416 - 48 -

(6) An office, building or private residence of a candidate

for political office.

(7) An office, building or private residence of an elected

official.

(8) A building utilized by a ward or political party as

headquarters.

Section 530. Equipment and Arrangement of Polling Places;

Guard Rail; Number of Voting Compartments or Voting Machines.--

(a) The county board of elections shall cause all rooms used

as polling places to be suitably provided with heat and light,

and, in districts in which ballots are used, with a sufficient

number of voting compartments or booths with proper supplies, in

which [electors] voters may conveniently mark their ballots,

with a curtain, screen or door in the upper part of the front of

each compartment or booth so that in the marking thereof they

may be screened from the observation of others. Every polling

place shall consist of a single room, every part of which is

within the unobstructed view of those present therein, and shall

be furnished with a guard rail or barrier enclosing the inner

portion of the said room, which guard rail or barrier shall be

so constructed and placed that only such persons as are inside

said rail or barrier can approach within six feet of the ballot

box and voting compartments, or booths, or voting machines, as

the case may be. The ballot box and voting compartments or

booths shall be so arranged in the voting room within the

enclosed space as to be in full view of those persons in the

room outside the said guard rail or barrier. The voting machine

or machines shall be so placed in the voting room within the

enclosed space that, unless its construction shall otherwise

require, the ballot labels on the face of the machine can be

20170HB1208PN1416 - 49 -

plainly seen by the election officers, overseers and watchers

when the machine is not occupied by [an elector] a voter.

(b) The number of voting compartments to be furnished to

each polling place shall not be less than one for every two

hundred (200) registered qualified [electors] voters, or

fraction thereof, in the election district. The number of voting

machines to be furnished to polling places in which voting

machines are used shall be not more than one machine for each

three hundred and fifty (350) registered [electors] voters, or

fraction thereof, nor less than one machine for each six hundred

(600) registered [electors] voters, or fraction thereof, in such

election district: Provided, however, That the court of common

pleas having jurisdiction, upon petition presented by either the

county election board or by ten (10) or more registered

qualified [electors] voters of an election district, may order

that additional voting machines or voting compartments be

provided for any such election district if the court shall be of

the opinion that such additional voting machines or voting

compartments shall be necessary in such district for the

convenience of the [electors] voters and the public interests.

The county shall provide equal distribution of voting machines

or voting compartments in election districts containing a

similar number of [electors] voters.

proper for the storage of election equipment in the various

election districts of the county at such times of the year that

it will not be used for election purposes, and may fix

reasonable compensation therefor.

Section 531. Compensation for Rent, Heat and Light.--(a)

The county board of elections shall fix the compensation for

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rent, heat, light and janitorial services to be paid for the use

of polling places other than public buildings for primaries and

elections.

(b) No compensation for rent, heat, water, custodial

service, janitorial services, other services[,] or light shall

be paid in the case of municipal buildings or rooms, or other

public buildings used as polling places and as limited voter

registration centers.

paid in the case of schoolhouses, but the county board of

elections shall fix the compensation for custodial services and

janitorial services for schoolhouses used as polling places or

as limited voter registration centers.

Consolidation of Wards in Cities of the First Class

Section 532. Wards in Cities of the First Class May be

Created, Divided, Realigned, or Consolidated.--

(a) Wards in a city of the first class may be created,

divided, realigned or consolidated, along clearly visible

physical boundaries conforming with census block lines from the

most recently completed Federal decennial census, by the court

of common pleas of the county in which said city is located,

upon application thereto for those purposes by the petition of

at least a total of one hundred qualified [electors] voters from

the ward or wards sought to be affected, or of the council of

such city.

(b) Upon such petition, the said court shall appoint five

impartial persons as a commission to inquire into and consider

the merits of said petition, by such procedure as said court

shall direct, to inspect the ward or wards sought to be

20170HB1208PN1416 - 51 -

affected, and to prepare a plan of the ward or wards proposed to

be created, divided, realigned or consolidated.

such time as shall be fixed by the said court.

(d) Unless at least four of said commissioners report

favorably upon said petition and agree upon an implementing

plan, said petition shall be dismissed by said court and the

subject or subjects of said petition shall not be reconsidered

for at least two years from the date of such dismissal.

(e) No final plan shall be entered until at least ten days

after notice to the [electors] voters in the wards to be

affected thereby. Such notice shall be in the manner, form and

means directed by the commission, shall state the date of

consideration by the commission and shall contain a warning that

all objections to said report and plan must be set forth in

writing and filed with the commission prior to such date.

(f) On or after such given date, the commission shall

prepare a final plan which will best serve the public interest,

shall number the new ward or wards and shall cause a certified

copy of the whole proceedings to be placed of record among the

minutes of the city council and with the Mayor of said city.

(g) In the event that any final plan shall affect less than

fifty (50) per centum of the wards in existence prior to the

preparation of said plan, the city council, upon receipt of said

plan from the commission, shall cause the same to be placed upon

the ballot for the purpose of approval or rejection by vote of

the qualified [electors] voters of the ward or wards divided,

created, consolidated or realigned by said plan at the primary

election next following the preparation of said plan.

(h) In the event that any final plan shall affect fifty (50)

20170HB1208PN1416 - 52 -

per centum or more of the wards in existence prior to the

preparation of said plan, the city council upon receipt of said

plan from the commission, shall cause the same to be placed upon

the ballot for the purpose of approval or rejection by vote of

the qualified [electors] voters of the city at the primary

election next following the preparation of said plan.

(i) No plan dividing, creating, consolidating or realigning

any ward shall be valid or take effect unless approved by the

vote of the qualified [electors] voters as provided by

subsections (g) or (h) of this act, whichever is applicable.

(j) Upon the appointment of said commission, it shall

prepare and submit to the said court, for consideration and

approval, a proposed budget of the expenses involved in

connection with its duties and functions. After the filing of

its report, the commission shall prepare and submit to said

court for consideration and approval, its request for allowance

of fees and any supplemental expenses. Upon approval of these

items, said court shall enter an order directing payment by said

city.

(d) Election District Alteration

and Data Reporting

Section 535. Definitions.--The following words and phrases

when used in this subdivision shall have the following meanings

unless otherwise clearly apparent from the context:

[The word "bureau" shall mean the] "Bureau." The Bureau of

Commissions, Elections and Legislation of the Department of

State.

[The word "secretary" shall mean the] "Secretary." The

Secretary of the Commonwealth.

Section 536. Restrictions on Alteration.--(a) Except as

20170HB1208PN1416 - 53 -

provided in subsection (b), there shall be no power to

establish, abolish, divide, consolidate or alter in any manner

an election district during the period July 15, 2009, through

November 30, 2012, or through resolution of all judicial appeals

to the 2012 Congressional Redistricting Plan, whichever occurs

later.

(b) During the period from July 15, 2009, through December

31, 2010, an election district may be divided or election

districts may be combined if the following are met:

(1) In the case of the division of an election district, the

boundary of each resulting district is composed entirely of

clearly visible physical features conforming with the census

block lines or portions of the original boundary of the election

district which was divided.

(2) In the case of the combination of election districts,

the boundary of each resulting district is composed entirely of

portions of the original boundaries of the election districts

which were combined.

subsection (b) is sought, the following shall apply:

(1) The county board of elections shall notify the

secretary, in writing, of the proposed alteration. The notice

shall include a map and a description of the proposed boundary

of any new or altered district or districts. The secretary shall

forward a copy of any notice of proposed alteration to the

Legislative Data Processing Center within seven (7) days of

receipt.

(2) Before a county board of elections may petition the

court for a change in the boundary of an election district under

this section, the secretary must make a determination that the

20170HB1208PN1416 - 54 -

board has complied with subsection (b). Any of the following

constitute evidence of the determination under this clause:

(i) A certification by the secretary that the determination

has been made.

(ii) A certification by the board that notice under this

clause has been given to the secretary and that the secretary

has not acted within forty-five (45) days of the notice.

(3) The board shall forward a copy of the order approving

any alteration to the secretary and the Legislative Data

Processing Center within seven (7) days of the issuance of that

order.

Section 537. Alterations After Period of Restriction.--(a)

Unless otherwise provided in this act, an election district may

be established, abolished, divided, consolidated or altered if

the boundary of each resulting district is composed entirely of

clearly visible physical features conforming with census block

lines from the most recently completed Federal decennial census.

(b) Within thirty (30) days of an alteration under

subsection (a), the county board of elections shall submit to

the bureau a report, including a map and a verbal description,

of the boundaries of each resulting district.

subsection (b) to determine whether the boundaries of all

resulting election districts included in the report comply with

the requirements of subsection (a). If the bureau determines

that the boundaries of any resulting election district included

in the report do not comply with the requirements of subsection

(a), the bureau shall send written notice of this determination

to the county board of elections within thirty (30) days of

receipt of the report. Within sixty (60) days of receipt of the

20170HB1208PN1416 - 55 -

notice, the county board shall submit a subsequent report

regarding the election district or districts named in the

bureau's notice, indicating that changes have been made to the

boundaries of each such election district so as to comply with

the requirements of subsection (a). If the county board fails to

submit a subsequent report indicating that changes have been

made to the boundaries of each such election district so as to

comply with the requirements of subsection (a), the Department

of State shall withhold any reimbursements owed to the county

board under section 305 until the bureau receives the report.

Section 538. Reports.--(a) Within six (6) months of the

effective date of this subdivision, each county board of

elections shall submit to the bureau a report, including maps

and verbal descriptions, of the boundaries of every election

district within the county. All reports filed under section 536

or 537 shall be filed as amendments to this initial report.

(b) The bureau shall retain at all times the reports of the

current boundaries of all election districts, including maps and

verbal descriptions. Copies of such reports shall be made

available to the General Assembly, on request, and to the public

for a fee, as established by the department.

Section 539. Election Results; Registration.--In addition to

any other reports, returns or certifications required by any

other law, within thirty (30) days after a primary, municipal,

special or general election, the county board of elections shall

submit to the bureau a report stating the total number of votes

cast in each voting district for each candidate for the

following offices:

(1) A Statewide office.

(2) State Senator.

20170HB1208PN1416 - 56 -

(3) State Representative.

(4) United States Representative.

Section 540. Regulations.--The secretary may promulgate

regulations to administer this subdivision.

Section 3. Sections 605, 626 and 630.1 of the act are

amended to read:

Section 605. Elections on Proposed Constitutional

Amendments.--Unless the General Assembly shall prescribe

otherwise with respect to any particular proposed amendment or

amendments and the manner and time of submitting to the

qualified [electors] voters of the State any proposed amendment

or amendments to the Constitution for the purpose of

ascertaining whether the same shall be approved by a majority of

those voting thereon, the said amendment or amendments which

have heretofore, or which may hereafter be proposed, and which

have not been submitted to the qualified [electors] voters of

the State, shall be submitted to the qualified [electors] voters

of the State for the purpose aforesaid, at the first municipal

or general election at which such amendment or amendments may be

legally submitted to the [electors] voters, which election shall

occur at least three months after the date upon which such

proposed amendment or amendments shall have been agreed to for

the second time by a majority of the members elected to each

house of the General Assembly, as provided in Article Eighteen,

section one of the Constitution. Said election shall be

conducted on said election day in the manner prescribed by the

provisions of this act. Such proposed constitutional amendments

shall be printed on the ballots or ballot labels in brief form

to be determined by the Secretary of the Commonwealth with the

approval of the Attorney General.

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Section 626. Special Elections for United States Senator;

Nominations.--Whenever a vacancy shall occur in the office of

United States Senator, said vacancy shall be filled for the

unexpired term by the vote of the [electors] voters of the State

at a special election to be held at the time of the next general

or municipal election, occurring at least ninety (90) days after

the happening of such vacancy, and it shall be the duty of the

Governor to issue writs of election to the various county boards

of elections and to the Secretary of the Commonwealth within ten

(10) days after the happening of said vacancy. Candidates to

fill vacancies in the office of United States Senator shall be

nominated by political parties, in accordance with the party

rules relating to the filling of vacancies, by means of

nomination certificates, in the form prescribed in section 630

of this act; and by political bodies, by means of nomination

papers, in accordance with the provisions of sections 951, 952

and 954 of this act. Said nomination certificates and nomination

papers shall be filed in the office of the Secretary of the

Commonwealth at least sixty (60) days prior to the date of said

special election. Until such time as said vacancy shall be

filled by an election as herein provided, the Governor of the

Commonwealth may make a temporary appointment to fill said

vacancy.

Section 630.1. Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

school district or poor district office, or for the office of

United States Senator or Representative in Congress, selected as

provided in section 630 of this act, shall file with the

nomination certificate an affidavit stating--(a) his residence,

with street and number, if any, and his post-office address; (b)

20170HB1208PN1416 - 58 -

his election district, giving city, borough, town or township;

candidate; (d) that he is eligible for such office; (e) that he

will not knowingly violate any provision of this act, or of any

law regulating and limiting election expenses and prohibiting

corrupt practices in connection therewith; (f) unless he is a

candidate for judge of a court of common pleas, the Philadelphia

Municipal Court or the Traffic Court of Philadelphia, or for the

office of school board in a school district where that office is

elective or for the office of [justice of the peace] magisterial

district judge, that he is not a candidate for the same office

of any party or political body other than the one designated in

such certificate; (g) that he is aware of the provisions of

section 1626 of this act requiring election and post-election

reporting of campaign contributions and expenditures; and (h)

that he is not a candidate for an office which he already holds,

the term of which is not set to expire in the same year as the

office subject to the affidavit.

Section 4. Article VII of the act is reenacted and amended

to read:

ARTICLE VII

Qualifications of [Electors] Voters

Section 701. Qualifications of [Electors] Voters.--Every

citizen of this Commonwealth eighteen years of age, possessing

the following qualifications, shall be entitled to vote at all

elections, provided he or she has complied with the provisions

of the acts requiring and regulating the registration of

[electors] voters:

(1) He or she shall have been a citizen of the United States

at least one month.

20170HB1208PN1416 - 59 -

(2) He or she shall have resided in the State ninety days

immediately preceding the election.

(3) He or she shall have resided in the election district

where he or she shall offer to vote at least thirty days

immediately preceding the election, except that if qualified to

vote in an election district prior to removal of residence, he

or she may, if a resident of Pennsylvania, vote in the election

district from which he or she removed his or her residence

within thirty days preceding the election.

Section 702. Qualifications of [Electors] Voters at

Primaries.--The qualifications of [electors] voters entitled to

vote at primaries shall be the same as the qualifications of

[electors] voters entitled to vote at elections within the

election district where the primary is held, provided that no

[elector] voter who is not registered and enrolled as a member

of a political party, in accordance with the provisions of this

act, shall be permitted to vote the ballot of such party or any

other party ballot at any primary.

Section 703. Residence of [Electors] Voters.--For the

purpose of registration and voting, no person shall be deemed to

have gained a residence by reason of his presence, or lost it by

reason of his absence, while employed in the service, either

civil or military, of this State or of the United States, nor

while engaged in the navigation of the waters of the State or of

the United States, or on the high seas, nor while a student of

any institution of learning, nor while kept in any poorhouse or

other asylum at public expense, nor while confined in public

prison, except that any veteran who resides in a home for

disabled and indigent soldiers and sailors, operated and

maintained by the Commonwealth of Pennsylvania, and who

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possesses all the qualifications for voting, may gain a

residence for registration and voting at the home for disabled

and indigent soldiers and sailors. The provisions of this

amendment shall not be construed to affect the voting rights of

bedridden or hospitalized veterans who choose to vote as

absentee [electors] voters by the use of veteran's official

ballots.

Section 704. Rules for Determining Residence.--In

determining the residence of a person desiring to register or

vote, the following rules shall be followed so far as they may

be applicable:

(a) That place shall be considered the residence of a person

in which his habitation is fixed, and to which, whenever he is

absent, he has the intention of returning.

(b) A person shall not be considered to have lost his

residence who leaves his home and goes into another state or

another election district of this State for temporary purposes

only, with the intention of returning.

residence in any election district of this State into which he

comes for temporary purposes only, without the intention of

making such election district his permanent place of abode.

(d) The place where the family of a married man or woman

resides shall be considered and held to be his or her place of

residence, except where the husband and wife have actually

separated and live apart, in which case the place where he or

she has resided for two months or more shall be considered and

held to be his or her place of residence.

(e) If a person removes to another state with the intention

of making such state his permanent residence, he shall be

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considered to have lost his residence in this State.

(f) If a person removes to another state with the intention

of remaining there an indefinite time and making such state his

place of residence, he shall be considered to have lost his

residence in this State, notwithstanding he may entertain an

intention to return at some indefinite future period.

(g) If a person removes to the District of Columbia or other

Federal territory or foreign country to engage in the government

service, he shall not be considered to have lost his residence

in this State during the period of such service, and the place

where the person resided at the time of his removal shall be

considered and held to be his place of residence.

(h) If a person goes into another state and while there

exercises the right of a citizen by voting, he shall be

considered to have lost his residence in this State.

Section 5. Sections 801, 802, 810, 902, 905, 907, 908, 909,

910, 912.1, 912.2(b), 913(a) and (b.1), 922, 951, 952, 953(a),

976, 977, 978.1, 979, 981.1, 984, 993, 994 and 998(a) and (b) of

the act are amended to read:

Section 801. Definition of Political Parties and Political

Bodies.--

(a) Any party or political body, one of whose candidates at

the general election next preceding the primary polled in each

of at least ten counties of the State not less than two per

centum of the largest entire vote cast in each of said counties

for any elected candidate, and polled a total vote in the State

equal to at least two per centum of the largest entire vote cast

in the State for any elected candidate, is hereby declared to be

a political party within the State, and shall nominate all its

candidates for any of the offices provided for in this act, and

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shall elect its delegates and alternate delegates to the

National convention as party rules provide. State committee

members, and also such party officers, including members of the

National committee, as its rules provide, shall be elected by a

vote of the party [electors] voters, in accordance with the

provisions of this act and party rules.

(b) Any party or political body, one of whose candidates at

either the general or municipal election preceding the primary

polled at least five per centum of the largest entire vote cast

for any elected candidate in any county, is hereby declared to

be a political party within said county; and shall nominate all

its candidates for office in such county and in all political

districts within said county, or of which said county forms a

part, and shall elect such party officers as its rules provide

shall be elected therein, by a vote of the party [electors]

voters, in accordance with the provisions of this act.

hereinabove defined, but which has nominated candidates for such

general or municipal election by nomination papers in the manner

provided by this act, shall be deemed to be a political body

within the meaning of this act, but such political body shall

not be entitled to nominate its candidates or elect its party

officers at primaries held under the provisions of this act.

(d) Provided, however, That the words "political party" and

the words "political body", as hereinabove defined, shall not

include any political party, political organization or political

body composed of a group of [electors] voters, whose purposes or

aims, or one of whose purposes or aims, is the establishment,

control, conduct, seizure or overthrow of the Government of the

Commonwealth of Pennsylvania or the United States of America by

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the use of force, violence, military measures, or threats of one

or more of the foregoing.

Section 802. Only Enrolled [Electors] Voters to Vote at

Primaries or Hold Party Offices.--No person who is not

registered and enrolled as a member of a political party shall

be entitled to vote at any primary of such party or to be

elected or serve as a party officer, or a member or officer of

any party committee, or delegate or alternate delegate to any

party convention.

Section 810. Who Shall Be Declared Elected Members of

National or State Committee and Party Offices.--Candidates of

the various political parties for the office of member of the

State committee, or for the office of member of the National

committee, in cases where the rules of the party provide that

such office shall be filled by a vote of the party [electors]

voters, who receive a plurality of the votes of the party

[electors] voters at a primary, shall be the duly elected

members of the State or National committee, as the case may be,

of their respective parties. Candidates for other party offices,

who receive a plurality of the votes of the party [electors]

voters at a primary, shall be the party officers of their

respective parties.

Section 902. Candidates to Be Nominated and Party Officers

to Be Elected at Primaries.--All candidates of political

parties, as defined in section 801 of this act, for the offices

of United States Senator, Representative in Congress and for all

other elective public offices within this State, except that of

presidential electors, shall be nominated, and party delegates

and alternate delegates, committeemen and officers who, under

the provisions of Article VIII of this act or under the party

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rules, are required to be elected by the party [electors]

voters, shall be elected at primaries held in accordance with

the provisions of this act, except as otherwise provided in this

act. In the years when candidates for the office of President of

the United States are to be nominated, every registered and

enrolled member of a political party shall have the opportunity

at the Spring primary in such years to vote his preference for

one person to be the candidate of his political party for

President.

Section 905. Secretary of the Commonwealth to Notify County

Board of Certain Nominations to Be Made.--On or before the

thirteenth Tuesday preceding each primary, the Secretary of the

Commonwealth shall send to the county board of each county a

written notice designating all the offices for which candidates

are to be nominated therein, or in any district of which such

county forms a part, or in the State at large, at the ensuing

primary, and for the nomination to which candidates are required

to file nomination petitions in the office of the Secretary of

the Commonwealth, including that of President of the United

States; and shall also in said notice set forth the number of

presidential electors, United States Senators, Representatives

in Congress and State officers, including senators,

representatives and judges of courts of record, to be elected at

the succeeding November election by a vote of the [electors]

voters of the State at large, or by a vote of the [electors]

voters of the county, or of any district therein, or of any

district of which such county forms a part.

Section 907. Nomination Petitions to Be Filed.--The names of

candidates for nomination as President of the United States, and

the names of all other candidates for party nominations, and for

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election as delegates, alternate delegates, members of

committees and other party officers, shall be printed upon the

official primary ballots or ballot labels of a designated party,

upon the filing of separate nomination petitions in their

behalf, in form prescribed by the Secretary of the Commonwealth,

signed by duly registered and enrolled members of such party who

are qualified [electors] voters of the State, or of the

political district, as the case may be, within which the

nomination is to be made or election is to be held. Nomination

petitions of delegates and alternate delegates to National

conventions committed to support a particular presidential

candidate must be signed by the particular presidential

candidate to whom support is pledged before it can be certified

by the Secretary of the Commonwealth. The name of no candidate

shall be placed upon the official ballots or ballot labels of a

political party to be used at any primary, unless such petition

shall have been filed in his behalf. In no event shall any

person's name be printed upon the official ballots or ballot

labels of any party for the office of delegate, alternate

delegate, member of committee or other party officer, unless he

is a duly registered and enrolled member of said party.

Section 908. Manner of Signing Nomination Petitions; Time of

Circulating.--Each signer of a nomination petition shall sign

but one such petition for each office to be filled, and shall

declare therein that he is a registered and enrolled member of

the party designated in such petition: Provided, however, That

where there are to be elected two or more persons to the same

office, each signer may sign petitions for as many candidates

for such office as, and no more than, he could vote for at the

succeeding election. He shall also declare therein that he is a

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qualified [elector] voter of the county therein named, and in

case the nomination is not to be made or candidates are not to

be elected by the [electors] voters of the State at large, of

the political district therein named, in which the nomination is

to be made or the election is to be held. He shall add his

residence, giving city, borough or township, with street and

number, if any, and shall legibly print his name and add the

date of signing, expressed in words or numbers: Provided,

however, That if the said political district named in the

petition lies wholly within any city, borough or township, or is

coextensive with same, it shall not be necessary for any signer

of a nomination petition to state therein the city, borough or

township of his residence. No nomination petition shall be

circulated prior to the thirteenth Tuesday before the primary,

and no signature shall be counted unless it bears a date affixed

not earlier than the thirteenth Tuesday nor later than the tenth

Tuesday prior to the primary.

Section 909. Petition May Consist of Several Sheets;

Affidavit of Circulator.--Said nomination petition may be on one

or more sheets, and different sheets must be used for signers

resident in different counties. If more than one sheet is used,

they shall be bound together when offered for filing if they are

intended to constitute one petition, and each sheet shall be

numbered consecutively beginning with number one, at the foot of

each page. In cases of petitions for delegate or alternate

delegate to National conventions, each sheet shall contain a

notation indicating the presidential candidate to whom he is

committed or the term "uncommitted." Each sheet shall have

appended thereto the affidavit of the circulator of each sheet,

setting forth--(a) that he or she is a qualified [elector] voter

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duly registered and enrolled as a member of the designated party

of the State, or of the political district, as the case may be,

referred to in said petition, unless said petition relates to

the nomination of a candidate for a court of common pleas, for

the Philadelphia Municipal Court or for the Traffic Court of

Philadelphia or for [justice of the peace] magisterial district

judge, in which event the circulator need not be a duly

registered and enrolled member of the designated party; (b) his

residence, giving city, borough or township, with street and

number, if any; (c) that the signers thereto signed with full

knowledge of the contents of the petition; (d) that their

respective residences are correctly stated therein; (e) that

they all reside in the county named in the affidavit; (f) that

each signed on the date set opposite his name; and (g) that, to

the best of affiant's knowledge and belief, the signers are

qualified [electors] voters and duly registered and enrolled

members of the designated party of the State, or of the

political district, as the case may be.

Section 910. Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

ward, school district, poor district, election district, party

office, party delegate or alternate, or for the office of United

States Senator or Representative in Congress, shall file with

his nomination petition his affidavit stating--(a) his

residence, with street and number, if any, and his post-office

address; (b) his election district, giving city, borough, town

or township; (c) the name of the office for which he consents to

be a candidate; (d) that he is eligible for such office; (e)

that he will not knowingly violate any provision of this act, or

of any law regulating and limiting nomination and election

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expenses and prohibiting corrupt practices in connection

therewith; (f) unless he is a candidate for judge of a court of

common pleas, the Philadelphia Municipal Court or the Traffic

Court of Philadelphia, or for the office of school director in a

district where that office is elective or for the office of

[justice of the peace] magisterial district judge that he is not

a candidate for nomination for the same office of any party

other than the one designated in such petition; (g) if he is a

candidate for a delegate, or alternate delegate, member of State

committee, National committee or party officer, that he is a

registered and enrolled member of the designated party; (h) if

he is a candidate for delegate or alternate delegate the

presidential candidate to whom he is committed or the term

"uncommitted"; (i) that he is aware of the provisions of section

1626 of this act requiring pre-election and post-election

reporting of campaign contributions and expenditures; and (j)

that he is not a candidate for an office which he already holds,

the term of which is not set to expire in the same year as the

office subject to the affidavit. In cases of petitions for

delegate and alternate delegate to National conventions, the

candidate's affidavit shall state that his signature to the

delegate's statement, as hereinafter set forth, if such

statement is signed by said candidate, was affixed to the sheet

or sheets of said petition prior to the circulation of same. In

the case of a candidate for nomination as President of the

United States, it shall not be necessary for such candidate to

file the affidavit required in this section to be filed by

candidates, but the post-office address of such candidate shall

be stated in such nomination petition.

Section 912.1. Number of Signers Required for Nomination

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Petitions of Candidates at Primaries.--Candidates for nomination

of offices as listed below shall present a nominating petition

containing at least as many valid signatures of registered and

enrolled members of the proper party as listed below:

(1) President of the United States: Two thousand.

(2) United States Senate: Two thousand.

(3) Governor: Two thousand including at least one hundred

from each of at least ten counties.

(4) Lieutenant Governor: One thousand including at least one

hundred from each of at least five counties.

(5) Treasurer: One thousand including at least one hundred

from each of at least five counties.

(6) Auditor General: One thousand including at least one

hundred from each of at least five counties.

(7) Attorney General: One thousand including at least one

hundred from each of at least five counties.

(8) Justice of the Supreme Court: One thousand including at

least one hundred from each of at least five counties.

(9) Judge of the Superior Court: One thousand including at

least one hundred from each of at least five counties.

(10) Judge of the Commonwealth Court: One thousand including

at least one hundred from each of at least five counties.

(11) For any other office to be filled by the vote of the

[electors] voters of the State at large or for any other party

office to be elected by the [electors] voters of the State at

large: One thousand including at least one hundred from each of

at least five counties.

(12) Representative in Congress: One thousand.

(13) Senator in the General Assembly: Five hundred.

(14) Representative in the General Assembly: Three hundred.

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(15) Public or party offices to be filled by a vote of the

[electors] voters in counties of the first class at large: One

thousand.

(16) Public or party offices to be filled by a vote of the

[electors] voters in counties of the second class at large: Five

hundred.

(17) Public or party offices to be filled by a vote of the

[electors] voters in cities of the first class at large: One

thousand.

(18) Public or party offices to be filled by a vote of the

[electors] voters in counties of the second class A at large:

Two hundred fifty.

(19) Public or party offices to be filled by a vote of the

[electors] voters in counties of the third class at large: Two

hundred fifty.

(20) Public or party offices to be filled by a vote of the

[electors] voters in counties of the fourth class at large: Two

hundred fifty.

(21) Public or party offices to be filled by a vote of the

[electors] voters in cities of the second class at large: Two

hundred fifty.

(22) Public or party offices to be filled by a vote of the

[electors] voters in cities of the second class A at large: One

hundred.

(23) Public or party offices to be filled by a vote of the

[electors] voters in cities of the third class at large: One

hundred.

(24) Public or party offices to be filled by a vote of the

[electors] voters in counties of the fifth class at large: One

hundred.

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(25) Public or party offices to be filled by a vote of the

[electors] voters in counties of the sixth class at large: One

hundred.

(26) Public or party offices to be filled by a vote of the

[electors] voters in counties of the seventh class at large: One

hundred.

(27) Public or party offices to be filled by a vote of the

[electors] voters in counties of the eighth class at large: One

hundred.

(28) Office of judge of any court of record other than a

Statewide court or a court in a county of the first or second

class: Two hundred fifty.

(29) District delegate or alternate district delegate to a

National party convention: Two hundred fifty.

(30) Member of State committee: One hundred.

(31) Office of district council member in a city of the

first class: Seven hundred fifty.

(31.1) Office of district council member in a city of the

second class: One hundred.

(32) Office of [district justice] magisterial district

judge: One hundred.

(33) Office of judge of election: Ten.

(34) Inspector of elections: Five.

(35) All other public and party offices: Ten.

Section 912.2. Nominations by Minor Political Parties.--* *

(b) All nomination papers circulated and filed pursuant to

this section shall specify--(1) the name or appellation of the

minor political party which the candidates nominated thereby

represent and, in the case of [electors] voters for President

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and Vice President of the United States, the names of the

candidates for President and Vice President of such minor

political party; (2) the name of each candidate nominated

therein, his profession, business or occupation, if any, and his

place of residence with street and number, if any; and (3) the

office for which such candidate is nominated. No words shall be

used in any nomination paper to designate the name or

appellation of the minor political party represented by the

candidate's name in such nomination paper which are identical

with or deceptively similar to the words used for a like purpose

by any minor political party which has already filed nomination

papers for the same office. Any petition to set aside a

nomination paper on account of the name or appellation used

therein, or involving the right of the signers thereof to use

such name or appellation, or on any other account, shall be

decided as in the case of other petitions to set aside

nomination papers, in the manner provided by this article.

* * *

Section 913. Place and Time of Filing Nomination Petitions;

Filing Fees.--(a) Nomination petitions in the case of

candidates for the office of President of the United States,

United States Senator, Representative in Congress and for all

State offices, including senators, representatives and judges of

courts of record, for the office of delegate or alternate

delegate to National party conventions, and for the office of a

member of a State or National committee, shall be filed with the

Secretary of the Commonwealth. Nomination petitions in all other

cases shall be filed with the county boards of election of the

respective counties. Nomination petitions for candidates for any

office to be voted for by the [electors] voters of any city,

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borough, township, ward or school district which is situate in

two or more counties, shall be filed with the county board of

the county in which the major number of the registered

[electors] voters of such city, borough, township, ward or

school district reside. Immediately after the last day for such

candidates to withdraw and after they have cast lots for their

position on the ballots or ballot labels, the said county board

shall certify to the county board of each other county involved

a list of the names, addresses and occupations of the candidates

so filing nomination petitions for each party, together with the

order in which their names are to appear upon the primary

ballots or ballot labels, and such other county board shall

prepare the primary ballots or ballot labels to be used in the

portion of such city, borough, township, ward or school district

situate in such county accordingly.

(b.1) Each person filing any nomination petition shall pay

for each petition, at the time of filing, a filing fee to be

determined as follows, and no nomination petition shall be

accepted or filed, unless and until such filing fee is paid by a

certified check or money order or also by cash when filed with

the county board. All moneys paid on account of filing fees

shall be transmitted by the county board to the county treasurer

and shall become part of the General Fund. Certified checks or

money orders in payment of filing fees shall be made payable to

the Commonwealth of Pennsylvania or to the county, as the case

may be, and shall be transmitted to the State Treasurer or to

the county treasurer and shall become part of the General Fund.

1. If for the office of President of the United States, or

for any public office to be filled by the [electors] voters of

the State at large, the sum of two hundred dollars ($200.00).

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2. If for the office of Representative in Congress, the sum

of one hundred fifty dollars ($150.00).

3. If for the office of judge of a court of record,

excepting judges to be voted for by the [electors] voters of the

State at large, the sum of one hundred dollars ($100.00).

4. If for the offices of Senator or Representative in the

General Assembly, for any office to be filled by the [electors]

voters of an entire county, for the office of district

councilman in a city of the first class and for any office other

than school district office to be filled by the [electors]

voters of an entire city, the sum of one hundred dollars

($100.00), except as provided in paragraph 4.1.

4.1. If for nonschool board offices for any third class city

official, the sum of twenty-five dollars ($25.00).

6. If for the office of delegate or alternate delegate to

National party convention, or member of National committee or

member of State committee, the sum of twenty-five dollars

($25.00).

7. If for the office of constable, the sum of ten dollars

($10.00).

8. If for the office of district councilman in a city of the

second class or the office of district justice, the sum of fifty

dollars ($50.00).

* * *

Section 922. Which Candidates Nominated.--Candidates of the

various political parties for nomination, except for the office

of President of the United States, who receive a plurality of

votes of their party [electors] voters in the State, or in the

political district, as the case may be, at the primary election,

together with the candidates for the office of presidential

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elector nominated as herein provided, shall be candidates of

their respective parties, and it shall be the duty of the proper

county boards to print their names upon the official ballots and

ballot labels at the succeeding election: Provided, That when a

candidate for nomination shall have died before or on the day of

the primary election and shall nevertheless receive a plurality

of votes of his party [electors] voters cast for the office for

which he sought nomination, then no candidate shall have been

nominated for the office at such primary and a substituted

nomination may be made in the manner hereinafter provided.

Section 951. Nominations by Political Bodies.--(a) In

addition to the party nominations made at primaries, nomination

of candidates for any public office may also be made by

nomination papers signed by qualified [electors] voters of the

State, or of the electoral district for which the nomination is

made, and filed in the manner herein provided. Such nomination

papers shall be in form prescribed by the Secretary of the

Commonwealth, and no other forms than the ones so prescribed

shall be used for such purposes.

(b) Where the nomination is for any office to be filled by

the [electors] voters of the State at large, the number of

qualified [electors] voters of the State signing such nomination

paper shall be at least equal to two per centum of the largest

entire vote cast for any elected candidate in the State at large

at the last preceding election at which State-wide candidates

were voted for. In the case of all other nominations, the number

of qualified [electors] voters of the electoral district signing

such nomination papers shall be at least equal to two per centum

of the largest entire vote cast for any officer, except a judge

of a court of record, elected at the last preceding election in

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said electoral district for which said nomination papers are to

be filed, and shall be not less than the number of signers

required for nomination petitions for party candidates for the

same office. In cases where a new electoral district shall have

been created, the number of qualified [electors] voters signing

such nomination papers, for candidates to be elected at the

first election held after the creation of such district, shall

be at least equal to two per centum of the largest vote cast in

the several election districts, which are included in the

district newly created, for any officer elected in the last

preceding election.

therein that he is a qualified [elector] voter of the State or

district, as the case may be, and shall add to his signature his

legibly printed name and residence, giving city, borough or

township, with street and number, if any, and shall also add the

date of signing, expressed in words or numbers: Provided,

however, That if said political district named in the papers

lies wholly within any city, borough or township, or is

coextensive with same, it shall not be necessary for any signer

of a paper to state therein the city, borough or township of his

residence. No [elector] voter shall sign more than one

nomination paper for each office to be filled, unless there are

two or more persons to be elected to the same office, in which

case he may sign nomination papers for as many candidates for

such office as, and no more than, he could vote for at the

succeeding election. More than one candidate may be nominated by

one nomination paper and candidates for more than one office may

be nominated by one nomination paper: Provided, That each

political body nominating does not nominate more candidates than

20170HB1208PN1416 - 77 -

there are offices to be voted for at the ensuing election: And

provided, That all the signers on each nomination paper are

qualified to vote for all the candidates nominated therein.

(d) Nomination papers may be on one or more sheets and

different sheets must be used for signers resident in different

counties. If more than one sheet is used, they shall be bound

together when offered for filing if they are intended to

constitute one nomination paper, and each sheet shall be

numbered consecutively, beginning with number one (1) at the

foot of each page. Each sheet shall have appended thereto the

affidavit of some person, not necessarily a signer, and not

necessarily the same person on each sheet, setting forth--(1)

that the affiant is a qualified [elector] voter of the State, or

of the electoral district, as the case may be, referred to in

the nomination paper; (2) his residence, giving city, borough or

township with street and number, if any; (3) that the signers

signed with full knowledge of the contents of the nomination

paper; (4) that their respective residences are correctly stated

therein; (5) that they all reside in the county named in the

affidavit; (6) that each signed on the date set opposite his

name; and (7) that, to the best of affiant's knowledge and

belief, the signers are qualified [electors] voters of the

State, or of the electoral district, as the case may be.

(e) There shall be appended to each nomination paper offered

for filing an affidavit of each candidate nominated therein,

stating--(1) the election district in which he resides; (2) the

name of the office for which he consents to be a candidate; (3)

that he is eligible for such office; (4) that he will not

knowingly violate any provision of this act, or of any law

regulating and limiting election expenses, and prohibiting

20170HB1208PN1416 - 78 -

corrupt practices in connection therewith; (5) that his name has

not been presented as a candidate by nomination petitions for

any public office to be voted for at the ensuing primary

election, nor has he been nominated by any other nomination

papers filed for any such office; (6) that in the case where he

is a candidate for election at a general or municipal election,

he was not a registered and enrolled member of a party thirty

(30) days before the primary held prior to the general or

municipal election in that same year; (7) that, in the case

where he is a candidate for election at a special election, he

is not a registered and enrolled member of a party; and (8) that

he is not a candidate for an office which he already holds, the

term of which is not set to expire in the same year as the

office subject to the affidavit.

Section 952. Contents of Nomination Papers; Restriction on

Names; Campaign Finances.--All nomination papers shall specify--

(a) The name or appellation of the political body which the

candidates nominated thereby represent, expressed in not more

than three words, and in the case of [electors] voters for

President and Vice-President of the United States, the names of

the candidates for President and Vice-President of such

political body; (b) the name of each candidate nominated

therein, his profession, business or occupation, if any; and his

place of residence with street and number, if any; (c) the

office for which such candidate is nominated; and (d) the names

and addresses of the committee, not to be less than three (3)

nor more than five (5) persons, authorized to fill vacancies, if

any shall occur. No words shall be used in any nomination paper

to designate the name or appellation of the political body

represented by the candidates named in such nomination paper

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which are identical with or deceptively similar to the words

used for a like purpose by any existing political party as

defined by section 801 of this act, or which contain part of the

name or an abbreviation of the name or part of the name of any

existing political party; nor shall any words be used in any

nomination paper to designate the name or appellation of the

political body represented by the candidate's name in such

nomination paper which are identical with or deceptively similar

to the words used for a like purpose by any political body which

has already filed nomination papers for the same office nor

which contain part of the name or an abbreviation of the name or

part of the name of a political body which has already filed

nomination papers for the same office. Any petition to set aside

a nomination paper on account of the name or appellation used

therein, or involving the right of the signers thereof to use

such name or appellation shall be decided as in the case of

other petitions to set aside nomination papers, in the manner

provided by this article.

Each person filing any nomination paper for public office

shall be given a statement composed by the Secretary of the

Commonwealth setting forth his duties under law to file pre-

election and post-election campaign finance reports, and the

penalties for nonfiling. Each person filing shall also be given

a form to file expenses if the amount received or expended or

liabilities incurred shall exceed the sum of two hundred fifty

dollars ($250), and a form containing a sworn statement that the

amount received or expended or liabilities incurred do not

exceed the sum of two hundred fifty dollars ($250), with written

instructions prepared by the Secretary of the Commonwealth.

Within three weeks after such candidate has filed, the

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appropriate supervisor shall mail the same forms and

instructions to such candidate by first class mail.

Section 953. Place and Time of Filing Nomination Papers.--

(a) Nomination papers for candidates for presidential

electors, United States Senators, Representatives in Congress,

and State offices, including senators, representatives and

judges of courts of record, shall be filed with the Secretary of

the Commonwealth. Nomination papers for all other candidates

shall be filed with the county boards of elections of the

respective counties. Nomination papers for candidates for any

office to be voted for by the [electors] voters of any city,

borough, township, ward or school district which is situate in

two or more counties shall be filed with the county board of the

county in which the major number of the registered [electors]

voters of such city, borough, township, ward or school district

reside. Immediately after the last day for withdrawals of

candidates nominated by nomination papers, the said county board

shall certify to the county board of each other county involved

a list of the names, addresses and occupations of the candidates

so nominated to be voted for in two or more counties, together

with the names or appellations of the political bodies

nominating them.

* * *

Section 976. Examination of Nomination Petitions,

Certificates and Papers; Return of Rejected Nomination

Petitions, Certificates and Papers.--When any nomination

petition, nomination certificate or nomination paper is

presented in the office of the Secretary of the Commonwealth or

of any county board of elections for filing within the period

limited by this act, it shall be the duty of the said officer or

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board to examine the same. No nomination petition, nomination

paper or nomination certificate shall be permitted to be filed

if--(a) it contains material errors or defects apparent on the

face thereof, or on the face of the appended or accompanying

affidavits; or (b) it contains material alterations made after

signing without the consent of the signers; or (c) it does not

contain a sufficient number of signatures as required by law;

Provided, however, That the Secretary of the Commonwealth or the

county board of elections, although not hereby required so to

do, may question the genuineness of any signature or signatures

appearing thereon, and if he or it shall thereupon find that any

such signature or signatures are not genuine, such signature or

signatures shall be disregarded in determining whether the

nomination petition, nomination paper or nomination certificate

contains a sufficient number of signatures as required by law;

or (d) in the case of nomination petitions, if nomination

petitions have been filed for printing the name of the same

person for the same office, except the office of judge of a

court of common pleas, the Philadelphia Municipal Court or the

Traffic Court of Philadelphia, or the office of school director

in districts where that office is elective or the office of

[justice of the peace] magisterial district judge upon the

official ballot of more than one political party; or (e) in the

case of nomination papers, if the candidate named therein has

filed a nomination petition for any public office for the

ensuing primary, or has been nominated for any such office by

nomination papers previously filed; or (f) if the nomination

petitions or papers are not accompanied by the filing fee or

certified check required for said office; or (g) in the case of

nomination papers, the appellation set forth therein is

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identical with or deceptively similar to the words used by any

existing party or by any political body which has already filed

nomination papers for the same office, or if the appellation set

forth therein contains part of the name, or an abbreviation of

the name or part of the name of an existing political party, or

of a political body which has already filed nomination papers

for the same office. The invalidity of any sheet of a nomination

petition or nomination paper shall not affect the validity of

such petition or paper if a sufficient petition or paper remains

after eliminating such invalid sheet. The action of said officer

or board in refusing to receive and file any such nomination

petition, certificate or paper, may be reviewed by the court

upon an application to compel its reception as of the date when

it was presented to the office of such officer or board:

Provided, however, That said officer or board shall be entitled

to a reasonable time in which to examine any petitions,

certificates or papers, and to summon and interrogate the

candidates named therein, or the persons presenting said

petitions, certificates or papers, and his or their retention of

same for the purpose of making such examination or interrogation

shall not be construed as an acceptance or filing.

Upon completion of any examination, if any nomination

petition, certificate or paper is found to be defective, it

shall forthwith be rejected and returned to the candidate or one

of the candidates named therein, together with a statement of

the reasons for such rejection:

Provided further, That no nomination petition, nomination

paper or nomination certificate shall be permitted to be filed,

if the political party or political body referred to therein

shall be composed of a group of [electors] voters whose purposes

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or aims, or one of whose purposes or aims, is the establishment,

control, conduct, seizure or overthrow of the Government of the

Commonwealth of Pennsylvania or the United States of America by

the use of force, violence, military measure or threats of one

or more of the foregoing. The authority to reject such

nomination petition, paper or certificate for this reason shall,

when filed with the Secretary of the Commonwealth, be vested in

a committee composed of the Governor, the Attorney General and

the Secretary of the Commonwealth, and when filed with any

county board of elections shall be vested in such board. If in

such case the committee or board, as the case may be, shall

conclude that the acceptance of such nomination petition, paper

or certificate should be refused, it shall within two days of

the filing of such nomination petition, paper or certificate fix

a place and a time five days in advance for hearing the matter,

and notice thereof shall be given to all parties affected

thereby. At the time and place so fixed the committee or board,

as the case may be, shall hear testimony, but shall not be bound

by technical rules of evidence. The testimony presented shall be

stenographically recorded and made a part of the record of the

committee or board. Within two days after such hearing the

committee or board, if satisfied upon competent evidence that

the said nomination petition, paper or certificate is not

entitled to be accepted and filed, it shall announce its

decision and immediately notify the parties affected thereby.

Failure to announce decision within two days after such hearing

shall be conclusive that such nomination petition, paper or

certificate has been accepted and filed. The decision of said

committee or board in refusing to accept and file such

nomination petition, paper or certificate may be reviewed by the

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court upon an application to compel its reception as of the date

when presented to the Secretary of the Commonwealth or such

board. The application shall be made within two days of the time

when such decision is announced. If the application is properly

made, any judge of said court may fix a time and place for

hearing the matter in dispute, of which notice shall be served

with a copy of said application upon the Secretary of the

Commonwealth or the county board of elections, as the case may

be. At the time so fixed, the court, or any judge thereof

assigned for the purpose, shall hear the case de novo. If after

such hearing the said court shall find that the decision of the

committee or the board was erroneous, it shall issue its mandate

to the committee or board to correct its decision and to accept

and file the nomination paper, petition or certificate. From any

decision of the court an appeal may be taken within two days

after the entry thereof. It shall be the duty of the said court

to fix the hearing and to announce its decision within such

period of time as will permit the Secretary of the Commonwealth

or the county board of elections to permit the names of the

candidates affected by the court's decision to be printed on the

ballot, if the court should so determine.

Section 977. Objections to Nomination Petitions and

Papers.--All nomination petitions and papers received and filed

within the periods limited by this act shall be deemed to be

valid, unless, within seven days after the last day for filing

said nomination petition or paper, a petition is presented to

the court specifically setting forth the objections thereto, and

praying that the said petition or paper be set aside. A copy of

said petition shall, within said period, be served on the

officer or board with whom said nomination petition or paper was

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filed. Upon the presentation of such a petition, the court shall

make an order fixing a time for hearing which shall not be later

than ten days after the last day for filing said nomination

petition or paper, and specifying the time and manner of notice

that shall be given to the candidate or candidates named in the

nomination petition or paper sought to be set aside. On the day

fixed for said hearing, the court shall proceed without delay to

hear said objections, and shall give such hearing precedence

over other business before it, and shall finally determine said

matter not later than fifteen (15) days after the last day for

filing said nomination petitions or papers. If the court shall

find that said nomination petition or paper is defective under

the provisions of section 976, or does not contain a sufficient

number of genuine signatures of [electors] voters entitled to

sign the same under the provisions of this act, or was not filed

by persons entitled to file the same, it shall be set aside. If

the objections relate to material errors or defects apparent on

the face of the nomination petition or paper, the court, after

hearing, may, in its discretion, permit amendments within such

time and upon such terms as to payment of costs, as the said

court may specify. In case any such petition is dismissed, the

court shall make such order as to the payment of the costs of

the proceedings, including witness fees, as it shall deem just.

If a person shall sign any nomination petitions or papers for a

greater number of candidates than he is permitted under the

provisions of this act, if said signatures bear the same date,

they shall, upon objections filed thereto, not be counted on any

petition or paper and if they bear different dates, they shall

be counted in the order of their priority of date, for only so

many persons as there are candidates to be nominated or elected.

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The office of the Prothonotary of the Commonwealth Court and the

office of the Secretary of the Commonwealth and the various

offices of prothonotary of the court of common pleas shall be

open between the hours of eight-thirty o'clock A.M. and five

o'clock P.M. on the last day to withdraw after filing nomination

petitions and on the last day to file objections to nomination

petitions.

Section 978.1. Vacancy in Party Nomination by Failure to Pay

Filing Fee or for Failure to File Loyalty Oath.--Every person

nominated at any primary election as the candidate of any

political party for any office, other than a borough, town,

township, school district or poor district office, or the office

of [justice of the peace] magisterial district judge, or

constable, who has not paid the filing fee required by section

nine hundred thirteen of this act, as amended, for the filing of

a nomination petition for such office, or who has not filed the

loyalty oath required by section 14, act of December 22, 1951

(P.L.1726), known as the "Pennsylvania Loyalty Act," as last

amended June 19, 1961 (P.L.446), shall pay the amount of such

fee to and file such oath with the Secretary of the

Commonwealth, or the county board of elections, as the case may

be, at least eighty-five (85) days previous to the day of the

general or municipal election at which such candidate's name

would appear on the ballot. Failure to pay such fee or file such

oath within the time herein prescribed shall result in a vacancy

in such party nomination. Such vacancy shall be filled in the

manner hereinafter provided for the filling of such vacancies

happening by reason of the death or withdrawal of any candidate.

Section 979. Substituted Nominations by Parties.--Any

vacancy happening or existing after the date of the primary in

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any party nomination, by reason of the death or withdrawal of

any candidate after nomination, or by reason of the death before

or on the day of the primary election of a candidate for

nomination who had received a plurality of votes of his party

[electors] voters cast for the office for which he sought

nomination, may be filled by a substituted nomination made by

such committee as is authorized by the rules of the party to

make nominations in the event of vacancies on the party ticket:

Provided, however, That no substitute nomination certificate

shall nominate any person who has already been nominated by any

political party or by any other political body for the same

office. Upon the making of any such substituted nomination, in

accordance with the party rules, it shall be the duty of the

chairman and secretary or secretaries of the party committee

making the nomination to file with the Secretary of the

Commonwealth in the case of United States Senator,

Representative in Congress and all State officers, including

judges of courts of records, senators and representatives, and

with the proper county board of elections in the case of other

offices, a nomination certificate which shall be signed by the

chairman and secretary or secretaries of the said committee, and

which shall set forth the following:

(a) The office and district, if any, for which it is filed;

(b) the cause of the vacancy; (c) the rule or rules of the

political party, setting forth the provisions applicable to a

substituted nomination; (d) that a quorum of the committee,

caucus or convention, as provided by the party rules, duly

convened, and the names of those present at said meeting, or

their proxies; that said persons are the duly appointed or

elected members of said committee, caucus or convention; (e) the

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name, residence and occupation of the candidate duly nominated

at said meeting. Every such certificate of nomination shall be

sworn to or affirmed by the chairman and secretary or

secretaries before an officer qualified to administer oaths.

Section 981.1. Affidavits of Candidates.--Each candidate for

any State, county, city, borough, incorporated town, township,

ward, school district, poor district or election district

office, or for the office of United States Senator or

Representative in Congress, selected as provided in sections 979

and 980 of this act, shall file with the substituted nomination

certificate an affidavit stating--(a) his residence, with street

and number, if any, and his post-office address; (b) his

election district, giving city, borough, town or township; (c)

the name of the office for which he consents to be a candidate;

(d) that he is eligible for such office; (e) that he will not

knowingly violate any provision of this act, or of any law

regulating and limiting election expenses and prohibiting

corrupt practices in connection therewith; (f) unless he is a

candidate for judge of a court of common pleas, the Philadelphia

Municipal Court or the Traffic Court of Philadelphia, or for the

office of school board in a district where that office is

elective or for the office of [justice of the peace] magisterial

district judge, that he is not a candidate for the same office

of any party or political body other than the one designated in

such certificate; (g) that he is aware of the provisions of

section 1626 of this act requiring election and post-election

reporting of campaign contributions and expenditures; and (h)

that he is not a candidate for an office which he already holds,

the term of which is not set to expire in the same year as the

office subject to the affidavit.

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Section 984. Certification of Nominees by Secretary of the

Commonwealth to County Boards.--The Secretary of the

Commonwealth shall, as soon as possible after the last day fixed

for the filing of substituted nomination certificates for any

November election of presidential electors, United States

Senator, Representative in Congress or State officers, including

judges of courts of record, senators and representatives, or

upon constitutional amendments or other questions to be

submitted to the [electors] voters of the State at large,

transmit to the county board of elections of each county, in

which such election is to be held, an official list, certified

by him, of all of the candidates who have been nominated in

accordance with the provisions of this act, to be voted for in

such county at such election, substantially in the form of the

ballots to be used therein, and also a copy of the text of all

constitutional amendments and other questions to be voted upon

at such election, together with a statement of the form in which

they are to be printed on the ballots or ballot labels.

Section 993. Filling of Certain Vacancies in Public Office

by Means of Nomination Certificates and Nomination Papers.--(a)

In all cases where a vacancy shall occur for any cause in an

elective public office, including that of judge of a court of

record, at a time when such vacancy is required by the

provisions of the Constitution or the laws of this Commonwealth

to be filled at the ensuing election but at a time when

nominations for such office cannot be made under any other

provision of this act, nominations to fill such vacancies shall

be made by political parties in accordance with party rules

relating to the filling of vacancies by means of nomination

certificates in the form prescribed in section nine hundred

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ninety-four of this act, and by political bodies by means of

nomination papers in accordance with the provisions of sections

nine hundred fifty-one, nine hundred fifty-two and nine hundred

fifty-four of this act. No such nomination certificate shall

nominate any person who has already been nominated by any other

political party or by any political body for the same office

unless such person is a candidate for the office of judge of a

court of common pleas, the Philadelphia Municipal Court or the

Traffic Court of Philadelphia, or for the office of school

director in districts where that office is elective or for the

office of [justice of the peace] magisterial district judge. No

such nomination papers shall nominate any person who has already

been nominated by any political party or by any other political

body for any office to be filled at the ensuing November

election, unless such person is a candidate for the office of

judge of a court of common pleas, the Philadelphia Municipal

Court or the Traffic Court of Philadelphia, or for the office of

school director in districts where that office is elective or

for the office of [justice of the peace] magisterial district

judge.

(b) Said nomination certificates and nomination papers for

State public offices and judges of courts of records shall be

filed in the office of the Secretary of the Commonwealth at

least fifty (50) days prior to a general or municipal election,

as the case may be. Nomination certificates and nomination

papers for public offices in counties, cities, boroughs, towns,

townships, wards and school districts and for the offices of

aldermen and [justices of the peace] magisterial district judges

shall be filed in the office of the county board of elections at

least fifty (50) days prior to a municipal election.

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construed to apply to elective public offices for which a method

is provided in this act for the holding of special elections to

fill vacancies in certain public offices, or to the filling of

vacancies in the office of presidential electors in accordance

with the provisions of section nine hundred eighteen of this

act. Nor shall the provisions of this subdivision be construed

to apply to any public office for which, by the provisions of

any statute, a vacancy is required to be filled at the next

election appropriate to the office, if said vacancy occurs at

any time within two (2) calendar months immediately preceding a

general or municipal election, as the case may be.

Section 994. Number, Form and Requirements of Nomination

Certificates to Fill Certain Vacancies.--(a) Each political

party shall be entitled to nominate and to file nomination

certificates in accordance with the provisions of section nine

hundred ninety-three of this act for the purpose of supplying as

many candidates as each [elector] voter will be entitled to vote

for at the ensuing November election. Every nomination

certificate for a November election required under the

provisions of section nine hundred ninety-three of this act

shall be in the form prescribed by the Secretary of the

Commonwealth and shall set forth the following:

(1) The office and district, if any, for which it is filed;

(2) The cause of the vacancy;

(3) The rule or rules of the political party setting forth

the provisions applicable to the nomination of a candidate or

candidates to fill said vacancy;

(4) That a quorum of the committee, caucus or convention as

provided by the party rules duly convened and the names of those

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present at said meeting or their proxies that said persons are

the duly appointed or elected members of said committee, caucus

or convention;

(5) The name, residence and occupation of the candidate duly

nominated at said meeting.

(b) Every such certificate of nomination shall be signed by

the presiding officer and the secretary or secretaries of the

committees, caucus or convention and shall be sworn or affirmed

to by them before any officer qualified to administer oaths.

Section 998. Substituted Nominations to Fill Certain

Vacancies for a November Election.--(a) Any vacancy happening

or existing in any party nomination made in accordance with the

provisions of section nine hundred ninety-three of this act for

a November election by reason of the death or withdrawal of any

candidate may be filled by a substituted nomination made by such

committee as is authorized by the rules of the party to make

nominations in the event of vacancies on the party ticket, in

the form prescribed by section nine hundred ninety-four of this

act. But no substituted nomination certificate shall nominate

any person who has already been nominated by any other political

party or by any political body for the same office, unless such

person is a candidate for the office of judge of a court of

common pleas, the Philadelphia Municipal Court or the Traffic

Court of Philadelphia, or for the office of school director in

districts where that office is elective or for the office of

[justice of the peace] magisterial district judge.

(b) In case of the death or withdrawal of any candidate

nominated by a political body for an election, the committee

named in the original nomination papers may nominate a

substitute in his place by filing a substituted nomination

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certificate in the form and manner prescribed by section nine

hundred eighty of this act. In the case of a vacancy caused by

the death of any candidate, said nomination certificate shall be

accompanied by a death certificate properly certified. No

substituted nomination certificate shall nominate any person who

has already been nominated by any political party or by any

other political body for any office to be filled at the ensuing

November election, unless such person is a candidate for the

office of judge of a court of common pleas, the Philadelphia

Municipal Court or the Traffic Court of Philadelphia, or for the

office of school director in districts where that office is

elective or for the office of [justice of the peace] magisterial

district judge.

* * *

Section 6. Article X of the act is reenacted and amended to

read:

ARTICLE X

Ballots

Section 1001. Official Ballots to Be used.--All primaries

and elections in this Commonwealth shall be conducted by ballot,

except in districts in which voting machines are used under the

provisions of Article XI of this act. All ballots used at

primaries and elections in election districts in which ballots

are used, shall be provided by the respective county boards of

elections, in accordance with the provisions of this act, and,

except as otherwise provided in this act, only official ballots

furnished by the county boards of elections shall be cast or

counted at any primary or election in any district in which

ballots are used.

Section 1002. Form of Official Primary Ballot.--(a) At

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primaries separate official ballots shall be prepared for each

party which shall be in substantially the following form:

Official............................... Primary Ballot.

(Name of Party)

........District,........Ward, City of........................,

County of..............................., State of Pennsylvania

........Primary election held on the.....day of........., 19...

Make a cross (X) or check ( ) in the square to the right of

each candidate for whom you wish to vote. If you desire to vote

for a person whose name is not on the ballot, write, print or

paste his name in the blank space provided for that purpose.

Mark ballot only in black lead pencil, indelible pencil or blue,

black or blue-black ink in fountain pen or ball point pen. Use

the same pencil or pen for all markings you place on the ballot.

President of the United States.

(Vote for one)

John Doe

Richard Roe

John Stiles

United States Senator.

(Vote for one)

John Doe

Richard Roe

John Stiles

Governor.

(Vote for one)

John Doe

Richard Roe

John Stiles

Representative in Congress.....District.

20170HB1208PN1416 - 95 -

(Vote for one)

John Doe

Richard Roe

John Stiles

Delegates at Large to National Convention.

(Vote for.....)

John Doe

(Committed to Jeremiah Smith)

John Stiles

(Uncommitted)

Delegate to National Convention.....District.

(Vote for.....)

John Doe

(Committed to Jeremiah Smith)

John Stiles

(Uncommitted)

Senator in the General Assembly.....District.

(Vote for one)

John Doe

Richard Roe

John Stiles

Member of State Committee.

(Vote for one)

John Doe

Richard Roe

John Stiles

Party Committeemen.

(Vote for.....)

John Doe

Richard Roe

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John Stiles

(b) On the back of each ballot shall be printed in prominent

type the words "OFFICIAL PRIMARY BALLOT OF ........PARTY FOR"

followed by the designation of the election district for which

it is prepared, the date of the primary and the facsimile

signatures of the members of the county board of elections. The

names of candidates shall in all cases be arranged under the

title of the office for which they are candidates, and be

printed thereunder in the order determined by the casting of

lots as provided by this act. Under the title of such offices

where more than one candidate is to be voted for, shall be

printed "Vote for not more than ........" (the blank space to

indicate the number of candidates to be voted for the particular

office.) At the right of the name of each candidate there shall

be a square of sufficient size for the convenient insertion of a

cross (x) or check ( ) mark. There shall be left at the end of

the list of candidates for each office (or under the title of

the office itself in case there be no candidates who have filed

nomination petitions therefor) as many blank spaces as there are

persons to be voted for, for such office, in which space the

[elector] voter may insert the name of any person whose name is

not printed on the ballot as a candidate for such office.

Opposite or under the name of each candidate, except candidates

for the office of President of the United States and candidates

for delegate or alternate delegate to a National Party

Convention, who is to be voted for by the [electors] voters of

more than one county, shall be printed the name of the county in

which such candidate resides; and opposite or under the name of

each candidate except candidates for delegate or alternate

delegate to a National Party Convention who is to be voted for

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by the [electors] voters of an entire county or any

congressional, senatorial or representative district within the

county, shall be printed the name of the city, borough, township

or ward, as the case may be, in which such candidate resides.

districts, offices, candidates or the provisions of this act may

require.

(d) At the written request of a State committee, filed with

the party rules and on the deadline provided by section 808.1 of

this act, a party may have a "no preference" column added to the

list of candidates for the office of President of the United

States at the primary election. The ballot position for "no

preference" shall be drawn in the same manner as the other

candidates for that office: Provided, however, That this

position shall be drawn by the Secretary of the Commonwealth or

his or her designee.

Section 1003. Form of Official Election Ballot.--

(a) The official ballots for general, municipal and special

elections shall be in substantially the following form:

OFFICIAL BALLOT

....................... District, ........................ Ward,

City of ........................, County of ...................,

State of Pennsylvania ..........................................

Election held on the .......... day of ................, 19.....

A cross (X) or check ( ) mark in the square opposite the name of

any candidate indicates a vote for that candidate.

To vote a straight party ticket, mark a cross (X) or check

( ) in the square, in the Party Column, opposite the name of the

party of your choice. To vote for an individual candidate of

another party after making a mark in the party square, mark a

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cross (X) or check ( ) opposite his name. For an office where

more than one candidate is to be voted for, the voter, after

marking in the party square, may divide his vote by marking a

cross (X) or check ( ) to the right of each candidate for whom

he or she desires to vote. For such office votes shall not be

counted for candidates not individually marked.

To vote for a person whose name is not on the ballot, write,

print or paste his name in the blank space provided for that

purpose. A cross (X) or check ( ) mark in the square opposite

the names of the candidates of any party for President and Vice-

President of the United States indicates a vote for all the

candidates of that party for presidential elector. To vote for

individual candidates for presidential elector, write, print or

paste their names in the blank spaces provided for that purpose

under the title "Presidential Electors." Mark ballot only in

black lead pencil, indelible pencil or blue, black or blue-black

ink, in fountain pen or ball point pen; use the same pencil or

pen for all markings you place on the ballot.

Before leaving the voting compartment, fold this ballot,

without displaying the markings thereon, in the same way it was

folded when received, then leave the compartment and exhibit the

ballot to one of the election officers who shall ascertain by an

inspection of the number appearing upon the right hand corner of

the back of the ballot whether the ballot so exhibited to him is

the same ballot which the [elector] voter received before

entering the voting compartment. If it is the same, the election

officer shall direct the [elector] voter, without unfolding the

ballot, to remove the perforated corner containing the number,

and the [elector] voter shall immediately deposit the ballot in

the ballot box. Any ballot deposited in a ballot box at any

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primary or election without having the said number torn off

shall be void and shall not be counted.

Party Column Presidential Electors

To Vote a Straight Party Ticket

Mark a Cross (X) or Check ( ) in

this Column.

(Vote for the candidates of

one party for President and

Vice-President, or insert the

names of candidates.)

Democratic

For

John Stiles

and

Richard Doe,

Democratic ...................

Republican

For

John Doe

and

Richard Roe,

Republican ...................

Socialist

For

John Smith

and

William Jones,

Socialist ....................

Citizens

United States Senator.

(Vote for one)

Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

Governor.

(Vote for one)

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Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

Representatives in Congress,

....... District.

(Vote for one)

Richard Roe ......................................... Democratic

John Doe ............................................ Republican

Richard Stiles ....................................... Socialist

Senator in the General Assembly,

....... District.

(Vote for one)

John Doe ............................................ Democratic

Richard Roe ......................................... Republican

(b) On the back of each ballot shall be printed in prominent

type the words "Official Ballot," followed by the designation of

the election district for which it is prepared, the date of the

election and the facsimile signatures of the members of the

county board of elections. The names of candidates shall be

arranged under the title of the office for which they are

candidates, and shall be printed thereunder in the order of the

votes obtained by the parties or bodies at the last

gubernatorial election, beginning with the party obtaining the

highest number of votes: Provided, however, That in the case of

parties or bodies not represented on the ballot at the last

gubernatorial election, the names of the candidates of such

parties shall be arranged alphabetically, according to the party

name or political appellation. In the case of offices for which

two or more candidates are to be voted for, the candidates of

each party shall be arranged together in the order of the number

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of votes obtained by them at the primary, beginning with the

candidates obtaining the highest number of votes, and the

candidates of each political body shall be arranged in the order

in which their names were placed in their nomination paper.

Under the title of such offices where more than one candidate is

to be voted for, shall be printed "Vote for not more

than ........" (the blank space to indicate the number of

candidates to be voted for the particular office.) Opposite or

under the name of each candidate shall be printed the name or

appellation of the political party or political body nominating

him, and at the right of such name or appellation there shall be

a square of sufficient size for the convenient insertion of a

cross (X) or check ( ) mark.

names shall not be printed upon the ballot, but in lieu thereof,

the names of the candidates of their respective parties or

political bodies for President and Vice-President of the United

States shall be printed together in pairs under the title

"Presidential Electors." All ballots marked for the candidates

for President and Vice-President of a party or political body

shall be counted as votes for each candidate for presidential

elector of such party or political body.

(d) Whenever any candidate shall receive more than one

nomination for the same office, his name shall be printed once,

and the names of each political party so nominating him shall be

printed opposite the name of such candidate, arranged in the

same order as candidates names are required to be arranged. At

the right of all the party names or appellation shall be a

single square of sufficient size for the convenient insertion of

a cross (X) or check ( ) mark.

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(e) There shall be left at the end of the group of

candidates for President and Vice-President of the United States

under the title "Presidential Electors," as many blank spaces as

there are presidential electors to be elected, in which spaces

the [elector] voter may insert the names of any individual

candidates for presidential electors for whom he desires to

vote. There shall also be left at the end of each group of

candidates for each other office (or under the title of the

office itself in case no candidates have been nominated

therefor), as many blank spaces as there are persons to be voted

for for such office, in which space the [elector] voter may

insert the name of any person or persons whose name is not

printed on the ballot as a candidate for such office.

(f) In order that each [elector] voter may have the

opportunity of designating his choice for all the candidates

nominated by one political party or political body, there shall

be printed on the extreme left of the ballot, and separated from

the rest of the ballot by a space of at least one-half inch, a

list of the names of all the political parties or political

bodies represented on such ballot which have nominated

candidates to be voted for at such election. Such names shall be

arranged in the order of the votes obtained at the last

gubernatorial election by the candidate for Governor of the

parties or bodies nominating, beginning with the party that

received the highest number of votes cast. Following the names

of such political parties and political bodies shall be the

names of the parties and bodies not represented on the ballot at

the last gubernatorial election, arranged alphabetically,

according to the party name or appellation. A square of

sufficient size for the convenient insertion of a cross mark

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shall be placed at the right of each party name or appellation.

(g) The official ballots shall vary in form only as the

names of districts, offices, candidates or the provisions of

this act may require. When constitutional amendments or other

questions are submitted to a vote of the [electors] voters, each

amendment or other question so submitted may be printed upon the

ballot below the groups of candidates for the various offices,

and, when required by law, shall be so printed. Constitutional

amendments so submitted shall be printed in brief form, to be

determined by the Secretary of the Commonwealth, and other

questions so submitted shall be printed in brief form, to be

determined by the Secretary of the Commonwealth in the case of

questions to be voted on by the [electors] voters of the State

at large, and by the county boards in other cases. To the right

of each question there shall be placed the words "yes" and "no,"

together with appropriate squares to the right of each for the

convenient insertion of a cross mark.

Section 1004. Form of Ballots; Printing Ballots; Stubs;

Numbers.--From the lists furnished by the Secretary of the

Commonwealth under the provisions of sections 915 and 984, and

from petitions and papers filed in their office, the county

election board shall print the official primary and election

ballots in accordance with the provisions of this act: Provided,

however, That in no event, shall the name of any person

consenting to be a candidate for nomination for any one office,

except the office of judge of a court of common pleas, the

Philadelphia Municipal Court or the Traffic Court of

Philadelphia, or the office of school director in districts

where that office is elective or the office of [justice of the

peace] magisterial district judge be printed as a candidate for

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such office upon the official primary ballot of more than one

party. All ballots for use in the same election district at any

primary or election shall be alike. They shall be at least six

inches long and four inches wide, and shall have a margin

extending beyond any printing thereon. They shall be printed

with the same kind of type (which shall not be smaller than the

size known as "brevier" or "eight point body") upon white paper

of uniform quality, without any impression or mark to

distinguish one from another, and with sufficient thickness to

prevent the printed matter from showing through. Each ballot

shall be attached to a stub, and all the ballots for the same

election district shall be bound together in books of fifty, in

such manner that each ballot may be detached from its stub and

removed separately. The ballots for each party to be used at a

primary shall be bound separately. The stubs of the ballots

shall be consecutively numbered, and in the case of primary

ballots, the number shall be preceded by an initial or

abbreviation designating the party name. The number and initial

or abbreviation which appears upon the stub shall also be

printed in the upper right hand corner of the back of the

ballot, separated from the remainder of the ballot by a diagonal

perforated line so prepared that the upper right hand corner of

the back of the ballot containing the number may be detached

from the ballot before it is deposited in the ballot box and

beside that corner shall also be printed, "Remove numbered stub

immediately before depositing your ballot in ballot box."

Section 1004.1. Placement of Certain Candidates on Ballots

and Voting Machines.--(a) Notwithstanding any other provisions

of this act to the contrary, the names of candidates for the

party offices of delegate or alternate delegate to a National

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Party Convention, member of the State committee, member of a

county committee and any other party office as prescribed by the

bylaws of the political party shall appear at the end of the

ballot after the names of the candidates for all public offices.

(b) In any case where voting machines are used, the names of

the candidates for the aforementioned offices shall appear in

the final columns or rows, as the case may be, of the voting

machine.

Section 1005. Candidates with Similar Surnames, Occupation

to Be Printed.--If two or more candidates for the same office

[shall] have the same or similar surnames, the county board of

elections shall, upon the request of any such candidate filed in

writing not later than five days after the last day for filing

nomination petitions, certificates or papers, print the

occupation or residence of any such candidate, so filing a

request, on the ballot or ballot labels opposite or under his

name.

Section 1006. Names of Substituted Candidates to Be Printed

on Ballots.--As soon as any substituted candidate [shall have]

has been duly nominated, at any time prior to the day on which

the printing of ballots is started, his name shall be

substituted in place of that of the candidate who has died or

withdrawn.

Section 1007. Number of Ballots to Be Printed; Specimen

Ballots.--The county board of each county shall provide for each

election district in which a primary is to be held, one book of

fifty official ballots of each party for every forty-five

registered and enrolled [electors] voters of such party and

fraction thereof, appearing upon the district register, and

shall provide for each election district in which an election is

20170HB1208PN1416 - 106 -

to be held one book of fifty official ballots for every forty-

five registered [electors] voters and fraction thereof appearing

upon the district register. They shall also, in addition to the

number of ballots required to be printed for general

distribution, maintain a sufficient supply of such ballots at

the office of the county board for the use of absentee

[electors] voters and for the use of any district, the ballots

for which may be lost, destroyed or stolen. They shall also

cause to be printed on tinted paper, and without the facsimile

endorsements, permanent binding or stubs, copies of the form of

ballots provided for each polling place at each primary or

election therein, which shall be called specimen ballots, and

which shall be of the same size and form as the official

ballots, and at each election they shall deliver to the election

officers, in addition to the official ballots to be used at such

election, a suitable supply of specimen ballots for the use of

the [electors] voters. At each primary, a suitable supply of

specimen ballots of each party shall be furnished.

Section 1008. Forms of Ballots on File and Open to Public

Inspection; Ballots and Diagrams to Be Furnished to Candidates

and Parties.--

(a) The county board of elections shall have on file in its

office, on and after the Thursday preceding each primary and

election, open to public inspection, forms of the ballots and

ballot labels, with the names and such statements and notations

as may be required by the provisions of this act, printed

thereon, which shall be used in each election district within

the county.

(b) On the Thursday preceding each primary, the county board

shall, upon request made at their office, there deliver to each

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candidate whose name is printed on the ballot of any party, or

to his authorized representative, without charge, three specimen

ballots of such party for the entire district in which such

candidate is to be voted for, and the candidate may, at [his]

the candidate's own expense, have printed on different colored

paper as many copies as he requires for conducting his campaign.

county board shall, upon request made at their office, there

deliver to the county chairman or other authorized

representative of each political party and political body in the

county, without charge, two specimen ballots or diagrams for

each election district within the county in which candidates of

such party or political body are to be voted for, and such

political party or political body may, at its own expense, have

printed on different colored paper as many copies as it requires

for conducting its campaign.

Section 1009. County Boards to Cause Ballots to Be

Accurately Printed.--It shall be the duty of the county board of

elections of [each] a county to cause all the ballots and ballot

labels to be used [therein] in the county to be accurately

printed, and they shall be responsible for the safekeeping of

the same while in their possession or that of their subordinates

or agents.

Section 1010. Correction of Mistakes Appearing on Ballot.--

When it is shown by affidavit that mistake or omission has

occurred in the printing of official ballots or ballot labels

for any primary or election, the court of common pleas of the

proper county, or any judge thereof, may, upon the application

of any qualified [elector] voter of the county, require the

county board of elections to correct the mistake or omission, or

20170HB1208PN1416 - 108 -

to show cause why they should not do so.

Section 1011. Record of Ballots to Be Kept.--The county

board shall keep a record of the number of official ballots

printed and furnished to each election district at each primary

and election, and of the number of stubs, unused ballots and

cancelled ballots subsequently returned [therefrom] from each

election district, and also of the disposition of the additional

official ballots provided, as required by section 1007 of this

act.

Section 7. Sections 1102, 1103, 1104, 1104.1, 1106, 1107(i),

1110(b) and (h), 1112(c), 1115(c), 1102-A, 1103-A, 1104-A, 1105-

A, 1106-A, 1112-A and 1113-A(a) of the act are amended to read:

Section 1102. Authorization of Voting Machines.--Any county,

city, borough or township may, by a majority vote of its

qualified [electors] voters voting thereon cast at any general

or municipal election, authorize and direct the use of voting

machines for registering or recording and computing the vote at

all elections held in such county, city, borough or township, or

in any part thereof.

Section 1103. Placing the Question on the Ballot; Election

Thereon.--

(a) The county election board may, upon their own motion,

submit to the qualified [electors] voters of the county, or of

any city, borough or township thereof, at any general or

municipal election, the question "Shall voting machines be used

in the (county, city, borough or township)

of .....................?"

(b) The county election board, upon receipt of a request

from the council of any city or borough, or from the

commissioners or supervisors of any township, said request being

20170HB1208PN1416 - 109 -

evidenced by the filing of a copy of a resolution certified by

the secretary or clerk of the council, commissioners or

supervisors, or upon the filing of a petition with them signed

by qualified [electors] voters of the county, city, borough or

township, equal in number to at least ten per cent of the total

number of [electors] voters who voted in said county, city,

borough or township at the preceding general or municipal

election, but in no case less than fifty, unless the total

number of [electors] voters who voted therein at the preceding

general or municipal election was less than one hundred, in

which case one-half of the number so voting shall be sufficient,

shall, at the next general or municipal election, occurring at

least sixty days thereafter, submit to the qualified [electors]

voters of such county, city, borough or township, the question

"Shall voting machines be used in the (county, city, borough or

township) of ................?"

printed upon the ballots to be used at the election, in the form

and manner provided by the laws governing general and municipal

elections.

(d) The election on said question shall be held at the

places, during the hours, and under the regulations, provided by

law for holding general and municipal elections, and shall be

conducted by the election officers provided by law to conduct

such elections. The election officers shall count the votes cast

at the elections on said question, and shall make return thereof

to the county election board of the county, as required by law.

Said returns shall be computed by the county election board, or

other return board, and, when so computed, a certificate of the

total number of [electors] voters voting "Yes" and of the total

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number of [electors] voters voting "No" on such question shall

be filed in the office of the county election board, and copies

thereof, certified by the county election board, shall forthwith

be furnished to the Secretary of the Commonwealth, and to the

county commissioners or other appropriating authority.

(e) Where the qualified [electors] voters of any city,

borough or township vote in favor of the adoption of voting

machines in such city, borough or township, a vote on the

question of adoption of voting machines by the qualified

[electors] voters of the entire county containing therein such

city, borough or township, held at the same time or at a

subsequent time, the result of which vote is against the

adoption of voting machines, shall not be considered as a vote

to discontinue the use of voting machines in such city, borough

or township.

(f) If a majority of the [electors] voters of any county,

city, borough or township, voting on such question, shall vote

against the adoption of voting machines, the question shall not

again be submitted to the voters of such political subdivision

within a period of one hundred and three weeks.

(g) Whenever, under the provisions of this section, the

question of the adoption of voting machines is about to be

submitted to the [electors] voters of any county, city, borough

or township, it shall be the duty of the county commissioners,

or other authority which levies taxes for county purposes in

such county, to ascertain whether current funds will be

available to pay for said machines, if adopted and purchased, or

whether they have power to increase the indebtedness of the

county in an amount sufficient to pay for the same without the

consent of the [electors] voters and, if such current funds will

20170HB1208PN1416 - 111 -

not be available and the power to increase the indebtedness of

the county in a sufficient amount without the consent of the

[electors] voters is lacking, it shall be the duty of the county

commissioners, or other authority aforesaid, to submit to the

[electors] voters of the county, in the manner provided by law,

at the same election at which the adoption of voting machines is

to be voted on, the question whether the indebtedness of such

county shall be increased, in an amount specified by them,

sufficient to pay for such voting machines, if adopted.

Section 1104. Installation of Voting Machines.--(a) (1) If

a majority of the qualified [electors] voters voting on the

question shall vote in the affirmative, the county election

board of the said county shall purchase for each election

district of such county, city, borough or township, one or more

voting machines, of a kind or kinds approved by the Secretary of

the Commonwealth, as hereinafter provided, and of sufficient

capacity to accommodate the names of a reasonable number of

candidates for all public and party offices which, under the

provisions of existing laws and party rules, are likely to be

voted for at any future election, and shall notify the Secretary

of the Commonwealth, in writing, that they have done so. The

county election board shall provide machines in good working

order, and shall preserve and keep them in repair. Voting

machines of different kinds may be used for different election

districts in the same county, city, borough or township. In each

election district in which voting machines are used, the county

election board shall provide an adequate number of voting

machines for the [electors] voters of the election district in

accordance with section 530.

(2) Whenever there shall be a number of candidates in a

20170HB1208PN1416 - 112 -

primary election so great as to require voting machines limited

to the candidates of one political party, there shall be two

voting machines of the same kind in any district for any party

which has more than three hundred and fifty (350) registered

qualified [electors] voters in that district.

(b) Such voting machines shall be installed, either

simultaneously or gradually, in political subdivisions which

adopt them. Upon the installation of voting machines in any

election district, the use of paper ballots therein shall be

discontinued, except as otherwise provided herein.

introduced, in the case of counties, in alphabetical order--by

cities, boroughs and townships, so that they will first be used

in the city, borough or township, the name of which is first in

alphabetical order, and then in the city, borough or township,

the name of which is next in alphabetical order, and so on. In

cities, boroughs and townships, they shall be introduced in

numerical or alphabetical order by wards and election districts,

if any, so that they will first be used in the first election

district of the first ward, and then in the second election

district of the first ward, and so on. After they have been

installed in all the election districts in the first ward, they

may be installed, in the same manner, in the second ward, then

in the third ward, and so on. In any event, the machines shall

be installed as rapidly as practicable after the [electors]

voters have voted in favor of them.

If voting machines are installed gradually they may also be

introduced in the case of counties by legislative districts with

priority in installation being given to municipalities therein

in the order of their descending population rank according to

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the last official decennial census. Within such municipality the

voting machines shall be introduced in numerical order by wards

and election districts, if any, so that they will first be used

in the first election district of the first ward and then in the

second election district of the first ward and so on. After they

have been installed in all the election districts in the first

ward, they shall be installed in the same manner in the second

ward, then in the third ward, and so on.

(d) If the question hereinbefore provided shall have been

submitted to the qualified [electors] voters of the county,

city, borough or township, and the majority of the [electors]

voters voting thereon shall have voted favorably thereon, and if

the county election board shall not, within one year, have

executed their contract or contracts providing for the purchase

or procurement of voting machines for use at the next general,

municipal or primary election, occurring at least one year and

sixty days after the referendum, then the Secretary of the

Commonwealth shall forthwith, in writing, notify the said county

election board that, after the expiration of thirty days, he,

under the authority of this act, on behalf of the said county,

will award, make, and execute such contract or contracts, unless

the said county election board meanwhile shall have made and

executed the same.

(e) If, upon the expiration of said thirty days, the county

election board still shall not have made and executed the

contract or contracts providing for the delivery of machines as

aforesaid, the Secretary of the Commonwealth, on behalf of the

said county and upon the approval of the Attorney General as to

form, shall thereupon award, make, and execute a contract or

contracts for the purchase or procurement of a sufficient number

20170HB1208PN1416 - 114 -

of voting machines, approved as required by this act, for each

election district within each such county, city, borough or

township; and the cost of such voting machines, including the

delivery thereof, and of making and entering into the said

contract or contracts, including the preparation and printing of

specifications and all other necessary expense incidental

thereto, shall be the debt of the said county, and, upon the

certificate of the Secretary of the Commonwealth, it shall be

the duty of the controller, if any, to allow, and of the

treasurer of the county to pay, the sum out of any appropriation

available therefor, or out of the first unappropriated moneys

that come into the treasury of the county.

(f) Provided, however, that if the county election board or

the Secretary of the Commonwealth, as the case may be, shall

find it impracticable to procure a voting machine or voting

machines for each election district of the county, city, borough

or township, for use at the general, municipal or primary

election then next ensuing, they or he shall provide as many

machines as it shall be practicable to procure, and, as soon

thereafter as practicable, shall provide the remainder of such

machines required hereunder. The machines shall be installed in

the election district or districts, in the manner provided for

the gradual introduction of voting machines in paragraph (c) of

this section.

(g) Any county, city, borough or township may, by a majority

vote of its qualified [electors] voters cast at any general

election held not earlier than one hundred and three weeks after

they have voted to adopt such machines, direct the

discontinuance of the use of voting machines at elections held

in such county, city, borough or township. The question for the

20170HB1208PN1416 - 115 -

discontinuance of the use of such voting machines shall be

submitted to the voters, subject to the same requirements as to

resolution or petition and signatures thereon, as is required

for the submission of the question on the authorization of the

use of such voting machines. Such question for discontinuance

must be submitted to the qualified [electors] voters of the

county or municipality which voted on the question of the

adoption of voting machines, and the question of discontinuance

shall not be submitted to the qualified [electors] voters of any

city, borough or township forming a part only of any county

which has previously voted to adopt voting machines for the

entire county, unless the qualified [electors] voters of such

city, borough or township have previously, by separate vote of

its qualified [electors] voters, voted in favor of the adoption

of voting machines. Where the qualified [electors] voters of any

city, borough or township and the qualified [electors] voters of

the entire county containing therein such city, borough or

township, both have voted by separate questions in favor of the

adoption of voting machines, a subsequent vote by the qualified

[electors] voters of the entire county in favor of

discontinuance shall not be considered as a vote to discontinue

the use of voting machines in such city, borough or township.

Such question as to the discontinuance of the use of voting

machines shall be submitted in the following form:

"Shall the use of voting machines be continued in the (city,

borough or township), of.....................................?"

(h) If it shall appear at any election that the county board

requires additional voting machines for the use of the

[electors] voters, said county board shall have authority to

enter into a contract or contracts for the rental of a

20170HB1208PN1416 - 116 -

sufficient number of machines for said election.

Section 1104.1. Temporary Use of Approved Voting Machines in

Certain Cases.--If the question hereinbefore provided shall have

been submitted to the qualified [electors] voters of the county,

and the majority of the [electors] voters voting thereon shall

have voted favorably thereon, and if the county election board

has made a gradual installation of voting machines approved by

the Secretary of the Commonwealth, then such county board of

elections may, upon their own motion, authorize the temporary

installation of voting machines approved by the Secretary of the

Commonwealth for primaries and elections in one or more election

districts of the county and the use of such voting machines

shall be as valid for all purposes as if the voting machines had

been permanently installed.

Section 1106. Examination and Approval of Voting Machines by

the Secretary of the Commonwealth.--

(a) Any person or corporation owning, manufacturing or

selling, or being interested in the manufacture or sale of, any

voting machine, may request the Secretary of the Commonwealth to

examine the machine. Any ten or more persons, being qualified

[electors] voters of this Commonwealth, may, at any time,

request the Secretary of the Commonwealth to reexamine any

voting machine theretofore examined and approved by him. Before

any such examination or reexamination, the person, persons, or

corporation, requesting such examination or reexamination, shall

pay to the treasurer of the Commonwealth an examination fee of

four hundred and fifty dollars ($450). The Secretary of the

Commonwealth may, at any time, in his discretion, reexamine any

voting machine.

(b) The Secretary of the Commonwealth shall thereupon

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require such machine to be examined or reexamined by three

examiners, whom he shall appoint for the purpose, of whom one

shall be an expert in patent law, and the other two shall be

experts in mechanics, and shall require of them a written report

on such machine, attested by their signatures; and the Secretary

of the Commonwealth himself shall examine the machine, and shall

make and file in his office, together with the reports of the

examiners appointed by him, his own report, attested by his

signature and the seal of his office, stating whether, in his

opinion and in consideration of the reports of the examiners

aforesaid, the kind of machine so examined can be safely used by

[electors] voters at elections, as provided in this act. If his

report states that the machine can be so used, the machine shall

be deemed approved, and machines of its kind may be adopted for

use at elections, as herein provided.

at any election, and if, upon the reexamination of any voting

machine previously approved, it shall appear that the machine so

reexamined can no longer be safely used by [electors] voters at

elections as provided in this act, the approval of the same

shall forthwith be revoked by the Secretary of the Commonwealth,

and no such voting machine shall thereafter be purchased for use

in this Commonwealth.

(d) When a machine has been so approved, no improvement or

change that does not impair its accuracy, efficiency or

capacity, shall render necessary a reexamination or reapproval

of the machine, or of its kind.

(e) Neither the Secretary of the Commonwealth, nor any

examiner appointed by him for the purpose prescribed by this

section, nor any member of a county election board shall have

20170HB1208PN1416 - 118 -

any pecuniary interest in any voting machine, or in the

manufacture or sale thereof.

(f) Each examiner appointed hereunder shall receive a

compensation of one hundred and fifty dollars ($150) for each

different type of voting machine examined by him.

Section 1107. Requirements of Voting Machines.--No voting

machine shall, upon any examination or reexamination, be

approved by the Secretary of the Commonwealth, or by any

examiner appointed by him, unless it shall, at the time, satisfy

the following requirements:

* * *

(i) It shall permit and require voting in absolute secrecy,

and shall be so constructed that no person can see or know for

whom any other [elector] voter has voted or is voting, save a

voter whom he has assisted or is assisting in voting, as

prescribed by law.

* * *

Section 1110. Form of Ballot Labels on Voting Machines.--

* * *

(b) If the construction of the machine shall require it, the

ballot label for each candidate, group of candidates, political

party, or question, to be voted on, shall bear the designating

letter or number of the counter on the voting machine which will

shall appear on the ballot labels, in brief form, of not more

than seventy-five words, to be determined by the Secretary of

the Commonwealth in the case of constitutional amendments or

other questions to be voted on by the [electors] voters of the

State at large, and by the county election board in other cases.

* * *

20170HB1208PN1416 - 119 -

(h) The names of all candidates of a political party shall

appear in the same row or column, and except in cases of names

of presidential commitments of nominees for delegate or

alternate delegate to political party National conventions no

other names shall appear in the same row or column, to the left

or top of which shall be a straight party lever, by means of

which [an elector] a voter may, in one operation, vote for all

the candidates of that political party for every office to be

voted for. Where the names of the delegate or alternate delegate

and the presidential candidate he is supporting shall both

appear, the print size of the name of the delegate or alternate

delegate shall be equal to the size of the name of the

particular presidential candidate to whom he is committed, or in

the case where he is uncommitted, the word "uncommitted" shall

appear in the same size print. The names of such candidates

shall be arranged under or opposite the title of the office for

which they are candidates, and shall appear in the order of the

votes obtained by the candidate for Governor of the party

nominated at the last gubernatorial election, beginning with the

party obtaining the highest number of votes: Provided, however,

That in the case of parties or bodies not represented on the

ballot at the last gubernatorial election, the names of the

candidates of such parties shall be arranged alphabetically,

according to the party or body name. The names of all candidates

of a political body shall appear in the same row or column, and,

if the number of parties and bodies permits, each political body

shall be entitled exclusively to a separate row or column, with

a straight party lever. If, however, the number of political

parties and political bodies renders it impossible or

impracticable to so arrange the political bodies, in such case

20170HB1208PN1416 - 120 -

said bodies shall not be entitled to a separate row or column

and a straight party lever, but shall be listed by political

appellations on the first left hand or top row, with the

designating letter and number of the ballot label where their

candidates may be found, together with the political

appellations of other political bodies, whose candidates may be

interspersed on the same row or column. Subject to the aforesaid

limitations, the form and arrangement of ballot labels, as to

the placing thereon of political bodies, shall be within the

discretion of the county board.

* * *

Section 1112. Delivery of Voting Machines and Supplies by

County Election Boards to Election Officers.--

* * *

of the county, and deliver with each voting machine:

1. A lantern, or a proper substitute for one, which shall

give sufficient light to enable voters, while in the voting

machine booth, to read the ballot labels, and suitable for the

use of election officers in examining the counters. The lantern,

or proper substitute therefor, shall be prepared and in good

order for use before the opening of the polls.

2. Two diagrams or sample ballots, of suitable size,

representing such part of the face of such voting machine as

will be in use in the election, and accompanied by directions

for voting on the machine. Such diagrams shall be posted

prominently outside the enclosed space within the polling place.

3. A mechanically operated model of a portion of the face of

a voting machine, for the instruction of [electors] voters. Such

model shall be placed in the polling place and at or outside of

20170HB1208PN1416 - 121 -

the guard-rail or barrier.

4. A seal, for sealing the machine after the polls are

closed; an envelope for the return of the keys, if the

construction of the voting machine shall permit their separate

return; and such other election materials and supplies as may be

necessary, or as may be required by law.

Section 1115. Instruction of Voters Before an Election.--

* * *

of any diagram or diagrams, required to be furnished with voting

machines at polling places, to be made, either in full size or

in reduced size, and to be posted, published, advertised or

distributed among the [electors] voters in such manner as they

may deem desirable.

Section 1102-A. Authorization of Electronic Voting Systems

for Use at Polling Places.--Any county or municipality may, by a

majority vote of its qualified registered [electors] voters

voting thereon cast at any primary or election, authorize and

direct the use of an electronic voting system for registering or

recording and computing the vote at all elections and primaries

held at polling places in such county or municipality.

Section 1103-A. Placing the Question on the Ballot; Election

Thereon.--(a) The county election board may, upon their own

motion, submit to the qualified registered [electors] voters of

the county or municipality, at any primary or election, the

question "Shall an electronic voting system be used at polling

places in the (county or municipality) of ....................?"

(b) The county election board, upon receipt of a request

from the governing body of a municipality, said request being

evidenced by the filing of a copy of a resolution certified by

20170HB1208PN1416 - 122 -

the secretary or clerk of the municipality, or upon the filing

of a petition with them signed by qualified registered

[electors] voters of the county or municipality, equal in number

to at least ten (10) per centum of the total number of

[electors] voters who voted in said county or municipality, at

the preceding general or municipal election, but in no case less

than fifty, shall, at the next primary or election, occurring at

least sixty days thereafter, submit to the qualified registered

[electors] voters of such county or municipality, the question

"Shall an electronic voting system be used at polling places in

the (county or municipality) of .....................?"

submitted at the primary or election, in accordance with the

provisions of this act relating to elections.

(d) The election on said question shall be held at the

places, during the hours, and under the regulations, provided by

law for holding primaries and elections, and shall be conducted

by the election officers provided by law to conduct such

elections. The election officers shall count the votes cast at

the elections on said question, and shall make return thereof to

the county election board of the county, as required by law.

Said returns shall be computed by the county election board, or

other return board, and, when so computed, a certificate of the

total number of [electors] voters voting "Yes" and of the total

number of [electors] voters voting "No" on such question shall

be filed in the office of the county election board, and copies

thereof, certified by the county election board, shall forthwith

be furnished to the Secretary of the Commonwealth, and to the

county commissioners or other appropriating authority of the

county or municipality.

20170HB1208PN1416 - 123 -

(e) If a majority of the [electors] voters of any county or

municipality, voting on such question, shall vote against the

adoption of an electronic voting system the question may again

be submitted to the voters of such county or municipality.

(f) Whenever, under the provisions of this act, the question

of the adoption of an electronic voting system is to be

submitted to the [electors] voters of any county, the county

board of elections shall purchase, lease or otherwise procure

those parts of the system used by the voter in a quantity

sufficient for reasonable demonstration of the system or systems

in such county prior to the general or municipal election in

question.

Section 1104-A. Installation of Electronic Voting Systems.--

(a) If a majority of the qualified registered [electors] voters

voting on the question in any county or municipality vote in

favor of the adoption of an electronic voting system, the county

board of elections of that county shall purchase, lease, or

otherwise procure for each election district of such county or

municipality, the components of an electronic voting system of a

kind approved, as hereinafter provided, by the Secretary of the

Commonwealth, and the board shall thereafter notify the

Secretary of the Commonwealth, in writing, that they have done

so.

(b) The installation throughout the county or municipality

of the electronic voting system adopted by the county board of

elections may be accomplished either simultaneously in all

election districts or in stages at the discretion of the county

board, and the manner of implementation as among election

districts shall also be at the discretion of the county board:

Provided, however, That the electronic voting system adopted by

20170HB1208PN1416 - 124 -

the county board shall be fully implemented throughout the

county or municipality within one hundred and three weeks after

the approval of the adoption of an electronic voting system by

the [electors] voters of the county or municipality. Upon the

installation of an electronic voting system in any election

district, the use therein of paper ballots and of voting

machines shall be discontinued, except as otherwise provided

herein.

submitted to the qualified registered [electors] voters of the

county or municipality and the majority of the [electors] voters

voting thereon shall have voted favorably thereon, and if the

county board of elections shall not, within one year after such

vote, have executed a contract or contracts providing for the

purchase, lease or other procurement of an electronic voting

system for use at the general, municipal, primary or special

election occurring at least one year and sixty days after such

vote, then the Secretary of the Commonwealth shall forthwith in

writing, notify the said county board of elections that, after

the expiration of thirty days, he, under the authority of this

act, will award, make and execute such contract or contracts on

behalf of the said county, unless the said county board of

elections shall make and execute the same prior to the

expiration of that period and shall notify him, in writing, that

they have done so.

(d) If, upon the expiration of said thirty days, the county

board of elections still shall not have made and executed a

contract or contracts providing for the purchase, lease or other

procurement of an electronic voting system as aforesaid, the

Secretary of the Commonwealth, on behalf of the said county and

20170HB1208PN1416 - 125 -

upon the approval of the Attorney General as to form, shall

thereupon award, make and execute a contract or contracts for

the purchase, lease or other procurement of an electronic voting

system, approved as required by this act, for each election

district within such county or municipality, and the cost of

such system, including the preparation and printing of

specifications and all other necessary expenses incidental

thereto, shall be the debt of the said county, and upon the

certificate of the Secretary of the Commonwealth, it shall be

the duty of the controller, if any, to allow, and of the

treasurer of the county to pay, the sum out of any appropriation

available therefore or out of the first unappropriated moneys

that come into the treasury of the county. If the Secretary of

the Commonwealth shall find it impracticable to procure an

electronic voting system for installation in each election

district of the county or municipality for use at the election

then next ensuing, he shall provide for the installation of such

a system in as many election districts of the county or

municipality as shall be practicable and, as soon thereafter as

practicable, shall provide for the installation of such system

in the remainder of the election districts of the county or

municipality.

(e) Any county or municipality may, by a majority vote of

its qualified registered [electors] voters cast at any general

or municipal election held not earlier than one hundred and

three weeks after they have voted to adopt an electronic voting

system, direct the discontinuance of the use of such a system at

all elections held in such county or municipality. Upon the

receipt by the county board of elections of a petition signed by

qualified registered [electors] voters of the county or

20170HB1208PN1416 - 126 -

municipality equal in number to at least ten (10) per centum of

the total number of [electors] voters who voted in said county

or municipality at the last preceding general or municipal

election, the question for the discontinuance of the use of such

an electronic voting system shall be submitted to the qualified

registered [electors] voters of that county or municipality,

subject to the same requirements as to the conduct of the

election as is required for the submission of the question on

the authorization of the use of an electronic voting system. The

question as to the discontinuance of the use of an electronic

voting system shall be submitted in the following form: "Shall

the use of an electronic voting system be continued in the

(county or municipality) of .......?"

Section 1105-A. Examination and Approval of Electronic

Voting Systems by the Secretary of the Commonwealth.--(a) Any

person or corporation owning, manufacturing or selling, or being

interested in the manufacture or sale of, any electronic voting

system, may request the Secretary of the Commonwealth to examine

such system if the voting system has been examined and approved

by a federally recognized independent testing authority and if

it meets any voting system performance and test standards

established by the Federal Government. The costs of the

examination shall be paid by the person requesting the

examination in an amount set by the Secretary of the

Commonwealth. Any ten or more persons, being qualified

registered [electors] voters of this Commonwealth, may, at any

time, request the Secretary of the Commonwealth to reexamine any

electronic voting system theretofore examined and approved by

him. Before any reexamination, the person, persons, or

corporation, requesting such reexamination, shall pay to the

20170HB1208PN1416 - 127 -

Treasurer of the Commonwealth a reexamination fee of four

hundred fifty dollars ($450). The Secretary of the Commonwealth

may, at any time, in his discretion, reexamine any such system

therefore examined and approved by him. The Secretary of the

Commonwealth may issue directives or instructions for

implementation of electronic voting procedures and for the

operation of electronic voting systems.

(b) Upon receipt of a request for examination or

reexamination of an electronic voting system as herein provided

for or in the event he determines to reexamine any such system,

the Secretary of the Commonwealth shall examine the electronic

voting system and shall make and file in his office his report,

attested by his signature and the seal of his office, stating

whether, in his opinion, the system so examined can be safely

used by voters at elections as provided in this act and meets

all of the requirements hereinafter set forth. If his report

states that the system can be so used and meets all such

requirements, such system shall be deemed approved and may be

adopted for use at elections, as herein provided. With respect

to any electronic voting system approved for use in this

Commonwealth by the secretary, the report of the secretary shall

specify the capacity of the components of that system, the

number of voters who may reasonably be accommodated by the

voting devices and automatic tabulating equipment which comprise

such system and the number of clerks and machine inspectors, if

any, required based on the number of registered [electors]

voters in any election district in which the voting system is to

be used, such specifications being based upon the secretary's

examination of the system. Any county which thereafter may adopt

any such approved system shall provide the components of such

20170HB1208PN1416 - 128 -

system in a number no less than that sufficient to accommodate

the voters of that county or municipality in accordance with the

minimum capacity standards so prescribed by the secretary. The

county board shall comply with the requirements for the use of

the electronic voting system as set forth in the report by the

Secretary of the Commonwealth.

used at any election, and if, upon the reexamination of any such

system previously approved, it shall appear that the system so

reexamined can no longer be used safely by voters at elections

as provided in this act or does not meet the requirements

hereinafter set forth, the approval of that system shall

forthwith be revoked by the Secretary of the Commonwealth, and

that system shall not thereafter be used or purchased for use in

this Commonwealth.

(d) When an electronic voting system has been so approved,

no improvement or change that does not impair its accuracy,

efficiency or capacity or its compliance with the requirements

hereinafter set forth, shall render necessary the reexamination

or reapproval of such system.

(e) Neither the Secretary of the Commonwealth nor any member

of a county board of elections shall have any pecuniary interest

in any electronic voting system or in any of the components

thereof, or in the design, manufacture or sale thereof.

Section 1106-A. Experimental Use of Electronic Voting

Systems.--(a) The county board of elections of any county may

provide for experimental use at any primary or election in one

or more election districts of said county, of an electronic

voting system, and the use of such system shall be as valid for

all purposes as if the electronic voting system had been adopted

20170HB1208PN1416 - 129 -

in accordance with the provisions of this act.

(b) The Secretary of the Commonwealth may approve the use of

an experimental electronic voting system by the county board of

elections of any county which complies with section 1306(a) for

absentee voters as provided for in the Uniformed and Overseas

Citizens Absentee Voting Act (Public Law 99-410, 100 Stat. 924)

if the system allows the [elector] voter to mark his electronic

ballot in secrecy as provided for paper absentee ballots

pursuant to section 1306(a). The system shall be exempt from the

requirements of sections 1107-A, 1302, 1303, 1304, 1305 and

1306.

Section 1112-A. Election Day Procedures and the Process of

Voting.--(a) In an election district which uses an electronic

voting system in which votes are registered electronically, the

following procedures will be applicable for the conduct of the

election at the election district:

(1) At primary elections, the election officer in charge

shall adjust the voting system before the voter records any vote

so that the voter will only be able to register a vote for

candidates on the ballot of the party in which he is registered

and enrolled or for persons whose names are not on the official

ballot, for candidates for nonpartisan nominations, if any, and

for any questions upon which he is entitled to vote.

(2) At primary elections, the voter shall be able to vote

for each candidate individually by the means provided. At all

other elections, he may vote for each candidate individually, or

he may vote a straight political party ticket in one operation

by operating the straight political party mechanism of the

political party or political body of his choice. He may also,

after having operated the straight party mechanism and before

20170HB1208PN1416 - 130 -

recording his vote, cancel the vote for any candidate of such

political party or political body and may thereupon vote for a

candidate of another party, or political body for the same

office. The voter may also vote individually for or against a

question submitted to the vote of the [electors] voters.

(3) A voter may, at any primary or other election, vote for

any person or persons for any office for which his name does not

appear upon the ballot label as a candidate, by writing the

identification of the office and the name of such person in or

upon the appropriate receptacle or device provided for that

purpose. No write-in vote shall be cast on a voting device for

any person for any office, whose name appears on the ballot

label as a candidate for that office, and any ballot so cast

shall be void and not counted.

(4) At any general election at which presidential electors

are to be chosen, each elector shall be permitted to vote by one

operation for all the presidential electors of a political party

or political body. For each party or body nominating

presidential electors, a ballot label shall be provided

containing only the words "Presidential Electors," preceded by

the names of the party or body and followed by the names of the

candidates thereof for the Office of President and Vice-

President, and the corresponding counter or registering device

shall register votes cast for said [electors] voters when thus

voted for collectively. If any [elector] voter desires to vote a

ticket for presidential electors made up of the names of persons

nominated by different parties or bodies, or partially of names

of persons so in nomination and partially of names of persons

not in nomination by any party or body, he may write or deposit

a paper ballot prepared by himself in the receptacle provided in

20170HB1208PN1416 - 131 -

or on the voting device for that purpose, or he may list their

names on the write-in ballot or envelope provided for that

purpose. The voting device shall be so constructed that it will

not be possible for any one voter to vote a straight party

ticket for presidential electors and at the same time to deposit

a ballot for presidential electors in a receptacle as

hereinabove provided. When the votes for presidential electors

are counted, the votes appearing upon the counter or registering

device corresponding to the ballot label containing the names of

the candidates for President and Vice-President of any party or

body shall be counted as votes for each of the candidates for

presidential elector of such party or body, and thereupon all

candidates for presidential elector shall be credited, in

addition, with the votes cast for them upon the ballots

deposited in the machine, as hereinabove provided.

(5) As soon as the [elector] voter has adjusted the voting

device so that it will record his choices for the various

candidates to be voted for, and his answers to the various

questions submitted, he shall operate the recording mechanism of

the voting device and forthwith leave the voting booth.

(b) In an election district which uses an electronic voting

system which utilizes paper ballots or ballot cards to register

the votes, the following procedures will be applicable for the

conduct of the election at the election district:

(1) The voter, after receiving his ballot from the district

election officials, shall retire to one of the voting booths in

which the voting devices are located.

(2) At primary elections, the voter shall vote for the

candidates of his choice for nomination, according to the number

of persons to be voted for by him, for each office by making a

20170HB1208PN1416 - 132 -

cross (X) or check ( ) mark or by making a punch or mark sense

mark in the square opposite the name of the candidate, or he may

so mark the write-in position provided on the ballot for the

particular office and, in the space provided therefor on the

ballot and/or ballot envelope, write the identification of the

office in question and the name of any person not already

printed on the ballot for that office, and such mark and written

insertion shall count as a vote for that person for such office.

(3) At all other elections, the voter shall vote for the

candidates of his choice for each office to be filled, according

to the number of persons to be voted for by him for each office,

by making a cross (X) or check ( ) mark or by making a punch or

mark sense mark in the square opposite the name of the

candidate, or he may so mark the write-in position provided on

the ballot for the particular office and, in the space provided

therefor on the ballot and/or ballot envelope, write the

identification of the office in question and the name of any

person not already printed on the ballot for that office, and

such mark and written insertion shall count as a vote for that

person for such office.

(4) If the voter desires to vote for every candidate of a

political party or political body, except its candidates for

offices as to which he votes for individual candidates in the

manner hereinafter provided, he may make a cross (X) or check

( ) or punch or mark sense mark in the square opposite the name

of the party or political body so marked, including its

candidates for presidential electors, except for those offices

as to which he has indicated a choice for individual candidates

of the same or another party or political body, by making a

cross (X) or check ( ) or punch or mark sense mark opposite

20170HB1208PN1416 - 133 -

their names in the manner hereinabove provided, as to which

offices his ballot shall be counted only for the candidates

which he has thus individually marked, notwithstanding the fact

that he made a mark in the party column, and even though in the

case of an office for which more than one candidate is to be

voted for, he has not individually marked for such office the

full number of candidates for which he is entitled to vote. If

he desires to vote for the entire group of presidential electors

nominated by any party or political body, he may make a cross

(X) or check ( ) or punch or mark sense mark in the appropriate

space opposite the names of the candidates for President and

Vice-President of such party or body. If he desires to vote a

ticket for presidential electors made up of the names of persons

nominated by different parties or political bodies, or partially

of names of persons so in nomination and partially of names of

persons not in nomination by any party or political body, or

wholly of names of persons not in nomination by any party or

political body, he shall insert the names of the candidates for

presidential electors for whom he desires to vote in the blank

spaces provided therefor on the write-in ballot under the title

of the office "Presidential Electors". In case of a question

submitted to the vote of the electors, he may make a cross (X)

or check ( ) or punch or mark sense mark in the appropriate

square opposite the answer which he desires to give.

(5) Any voter who spoils his ballot may return it and secure

another. The word "spoiled" shall be written across the face of

the ballot, and it shall be placed in the envelope marked

"Spoiled Ballots".

(6) Following the completion of his vote, the voter shall

leave the voting booth and return the ballot to the election

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officer by a means designed to insure its secrecy; upon removal

of the stub of the ballot by the election officer, the voter

shall insert the ballot into the district automatic tabulating

equipment or, in the event district tabulation is not provided

for by the voting system or such district tabulation equipment

is inoperative for any reason, into a secure ballot box. No

ballot card from which the stub has been detached shall be

accepted by the election officer in charge of such equipment or

ballot box, but it shall be marked "spoiled" and shall be placed

in the envelope marked "Spoiled Ballots."

Section 1113-A. Post Election Procedures.--(a) As soon as

the polls have been closed and the last [elector] voter has

voted in districts having an electronic voting system which

employs paper ballots or ballot cards, and district tabulation

is provided for, the number of such ballots issued to [electors]

voters (at primary elections, the number issued to the

[electors] voters of each party), as shown by the stubs, and the

number of ballots (at primaries the number of ballots of each

party), if any, spoiled and returned by voters and cancelled,

shall be announced to all present in the polling place and

entered on the general returns of votes cast at such primary or

election. The district election officers shall then compare the

number of names marked as voting in the district register,

"Voting Check List" and numbered lists of voters, shall announce

the result, and shall enter on the general returns the number of

[electors] voters who have voted, as shown by the "Voter's Check

List." Any differences which exist shall be reconciled where

possible, and where reconciliation is not possible such

differences shall be noted on the general returns. The district

20170HB1208PN1416 - 135 -

and the stubs of all ballots used, together with all unused

ballots, and all spoiled and cancelled ballots, and all rejected

voters certificates shall then be placed in separate packages,

containers or envelopes and sealed before the tabulation of any

ballots.

* * *

Section 8. Articles XII, XIII, XIII-C and XIV of the act are

reenacted and amended to read:

ARTICLE XII

Preparation For and Conduct of Primaries and

Elections

Section 1201. Notice of November Elections.--The county

board of each county shall, not earlier than ten days nor later

than three days before each November election, give notice of

the same by newspaper publication in the county in accordance

with the provisions of section 106 of this act, said notice to

be published twice in counties of the first class and once in

all other counties. Such notice shall set forth--(a) the

officers to be elected in the State at large, or in said county,

or in any district of which said county or part thereof forms a

part, or in any city, borough, township, school district, poor

district, ward or other district which is contained in such

county; (b) the names of the candidates for election to Federal,

State, county and city offices, whose names will appear upon the

ballots or ballot labels; (c) the text of all constitutional

amendments and other questions to be submitted at such election;

(d) the places at which the election is to be held in the

various election districts of the county; and (e) the date of

the election and the hours during which the polls will be open.

Such notice may include a portion of the form of ballot or

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diagram of the face of the voting machine in reduced size.

Section 1201.2. Publishing Constitutional Amendments.--In

accordance with the requirements of section 1 of Article XI of

the Constitution of Pennsylvania, the Secretary of the

Commonwealth shall cause to have published in the manner

prescribed all proposed amendments to the Constitution of

Pennsylvania. As much of the money, from time to time, in the

General Fund as shall be deemed necessary by the Governor is

hereby appropriated to the Department of State to pay the costs

of such publications.

Section 1202. Cards of Instructions and Supplies.--Prior to

each primary and election each county board of election shall

prepare full instructions for the guidance of [electors] voters

in districts in which ballots are used, and also similar

instructions for the guidance of [electors] voters in districts

in which voting machines are used, and they shall cause the

same, together with such portions of this act as deemed

advisable, to be printed in large clear type on separate cards

to be called cards of instruction. They shall also prepare blank

forms of oaths of election officers, records of assisted voters,

affidavits of challenged [electors] voters and others, general

and duplicate return sheets, tally papers, statements, blank

forms for numbered lists of voters, with sufficient space for

noting their party enrollment at primaries, notice of penalties

for the information of [electors] voters and election officers,

and other forms and supplies required by this act for use in

each election district of the county. Said forms, blank books,

and other supplies shall have printed thereon appropriate

instructions. In districts in which voting machines are used the

general and duplicate return sheets and statement shall be

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printed to conform to the type of voting machine used in such

districts and the designating number and letter, if any, on the

counter for each candidate shall be printed thereon opposite the

candidate's name.

Section 1203. Voter's Certificates.--At each primary and

election each county board shall prepare a suitable number of

voter's certificates which shall be in form approved by the

Secretary of the Commonwealth substantially as follows:

Voter's Certificate

(Primary) (Election) ...................... 19. . . .

I hereby certify that I am qualified to vote at this

(primary) (election)

Signature .......................................

Address .........................................

.......................................Pa.

Approved..........................

Number of stub of ballot issued or number of admission to

voting machines (and party, at primary).......................

The voter's certificate shall be so prepared as to be capable

of being inserted by the election officers in a suitable file or

binder to be furnished by the county board. One such file or

binder shall be furnished by the county board for each election

district for each primary and election, and shall have printed

or written thereon the words "Voting Check List," together with

the number of the district and ward, if any, and the date of the

primary or election.

Section 1204. Delivery of Ballots and Supplies to Judges of

Election.--The cards of instruction, return sheets, tally

papers, statements, oaths of election officers, affidavits,

voter's certificates, and other forms and supplies required for

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use in each election district, and also the district register of

such district, and in districts in which ballots are used, the

official and specimen ballots prepared for use therein, shall be

packed by the county board of elections in separate sealed

packages for each election district, marked on the outside so as

to clearly designate the districts for which they are intended,

and, in the case of districts in which ballots are used, the

number of ballots of each kind enclosed. They shall then be

delivered by the county board, together with the ballot box

which shall bear the name and number of the election district,

to the judges of election in the several election districts, not

later than the day prior to the day of the primary or election:

Provided, however, That if, for any reason, it is impossible to

deliver such packages to the judge of election in any district,

such packages may be delivered to one of the inspectors therein.

The respective judges of election or inspectors shall, on

delivery to them of such packages, return receipts therefor to

the county board, which shall keep a record of the time when and

the manner in which the several packages are delivered. The

county board may, in its discretion, require the respective

judges of election to call at its office to obtain the said

packages.

Section 1205. Time for Opening and Closing Polls.--At all

primaries and elections the polls shall be opened at 7 A.M.,

Eastern Standard Time, and shall remain open continuously until

8 P.M., Eastern Standard Time, at which time they shall be

closed.

Section 1206. Duties of Common Pleas Court on Days of

Primaries and Elections.--The court of common pleas of each

county of the Commonwealth or a judge or judges thereof, shall

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be in continuous session at the courthouse of said county, or,

in judicial districts composed of more than one county, at the

courthouse of the county in which such judge or judges reside,

on the day of each primary and election from 7 o'clock A.M.

until 10 o'clock P.M. and so long thereafter as it may appear

that the process of said court will be necessary to secure a

free, fair and correct computation and canvass of the votes cast

at said election. In judicial districts having but one judge of

the court of common pleas, such judge shall not be required to

be in session, as aforesaid, between the hours of 12 o'clock

noon and 2 o'clock P.M., nor between the hours of 5:30 o'clock

P.M. and 7 o'clock P.M. During such period said court shall act

as a committing magistrate for any violation of the election

laws; shall settle summarily controversies that may arise with

respect to the conduct of the election; shall issue process, if

necessary, to enforce and secure compliance with the election

laws; and shall decide such other matters pertaining to the

election as may be necessary to carry out the intent of this

act. When an individual is seeking a judicial order to vote, the

court shall, pursuant to the provisions of the Help America Vote

Act of 2002 (Public Law 107-252, 42 U.S.C. § 15301 et seq.),

inform the individual of the provisional ballot process set

forth in section 1210(a.4) and shall direct the individual to

follow the procedure in section 1210(a.4). In counties of the

third class the court shall have power to appoint additional

clerks at the polling places where needed and requested by the

election board: Provided, That for each clerk appointed from the

majority political party, a clerk from the minority political

party must also be appointed.

Section 1206.1. The counsel for the county board of

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elections shall be in constant attendance at the office of the

board on the day of each primary and election from 7 o'clock

A.M. until 12 o'clock noon, and from 2 o'clock P.M. until 5:30

o'clock P.M., and from 7 o'clock P.M. until 10 o'clock P.M., and

shall, upon request, instruct election officers, overseers,

watchers, and [electors] voters as to their rights and duties in

election matters.

Section 1206.2. Title III Complaints.--The Department of

State shall establish within the Bureau of Commissions,

Elections and Legislation a procedure for the review of

complaints regarding the administration of Title III of the Help

America Vote Act of 2002 (Public Law 107-252, 42 U.S.C. § 15301

et seq.). The Department of State shall provide a complaint form

which shall require the signature of the complainant, an

affidavit and notarization and the attachment of any supporting

documentation.

(b) Where a complaint pertains to a local or county employe

or official, the following procedure shall apply:

(1) The Department of State shall provide the county board

of elections with a copy of the complaint within three business

days of receipt.

(2) The county board of elections shall have twenty days to

either reach an agreement with the complainant or file a written

response to the complaint.

(3) The Department of State shall provide the complainant

with a copy of the response and an opportunity for an informal

hearing.

(4) Where an informal hearing is requested, the county board

of elections shall be given notice and the opportunity to

participate.

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(5) The Department of State shall issue a final

determination and remedial plan if necessary no later than

ninety days after the filing of the complaint. If the Department

of State fails to issue the determination within ninety days, it

shall provide alternative dispute resolution for the disposition

of the complaint. The alternative process shall be completed

within sixty days of its commencement.

the following procedure shall apply:

(1) The Department of State shall forward the complaint to

the Office of General Counsel within three business days of

receipt.

(2) The Department of State shall have twenty days to either

reach an agreement with the complainant or file a written

response to the complaint.

(3) The Office of General Counsel shall provide the

complainant with a copy of the response and an opportunity for

an informal hearing.

(4) Where an informal hearing is requested, the Department

of State shall be given notice and an opportunity to

participate.

(5) The Office of General Counsel shall issue a final

determination and remedial plan if necessary no later than

ninety days after the filing of the complaint. If the Office of

General Counsel fails to issue the determination within ninety

days, it shall provide alternative dispute resolution for the

disposition of the complaint. The alternative process shall be

completed within sixty days of its commencement.

(d) Proceedings under this section shall not be considered

an administrative adjudication under 2 Pa.C.S Chs. 5 Subch. A

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(relating to practice and procedure of Commonwealth agencies)

and 7 Subch. A (relating to judicial review of Commonwealth

agency action), known as the Administrative Agency Law.

(e) A determination made pursuant to subsection (b) shall

not be an agency determination subject to appellate review

pursuant to 42 Pa.C.S. § 763 (relating to direct appeals from

government agencies). Either party may initiate a de novo appeal

from the department's final order in the court of common pleas

of the county where the election board is located.

(f) A determination made pursuant to subsection (c) shall be

an agency determination subject to appellate review pursuant to

42 Pa.C.s. § 763.

Section 1207. Peace Officers; No Police Officer to Be Within

One Hundred Feet of Polling Place; Exceptions; Presence of

Soldiers Prohibited.--(First two sentences repealed Oct. 9,

2009, P.L.494, No.49) The election officers, or any three

qualified [electors] voters of any election district, may call

upon any mayor, chief burgess, sheriff, deputy sheriff,

constable, deputy constable, or police officer, to clear an

avenue to the door of any polling place which is obstructed in

such a way as to prevent [electors] voters from approaching, or

to maintain order and quell any disturbance, if such arises. No

police officer in commission, whether in uniform or in citizen's

clothes, shall be within one hundred feet of a polling place

during the conduct of any primary or election, unless in the

exercise of his privilege of voting, or for the purpose of

serving warrants, or unless called upon to preserve the peace,

as provided by this act: Provided, however, That such

prohibition shall not apply to such police officers assigned to

a police station or headquarters located in a building or on the

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premises where the polling place is located and such police

officers must be within one hundred (100) feet of the polling

place to enter and exit such police station or headquarters: And

provided further, That in no event may any police officer

unlawfully use or practice any intimidation, threats, force or

violence nor, in any manner, unduly influence or overawe any

[elector] voter or prevent him from voting or restrain his

freedom of choice, nor may any such police officer electioneer

or directly or indirectly attempt to influence the election or

[electors] voters while within one hundred (100) feet of a

polling place as herein set forth: And provided further, That

where polling places are located in buildings or on premises

where a police station or headquarters are located, the polling

place shall be located in a separate room. No body of troops in

the Army of the United States or of this Commonwealth shall be

present, either armed or unarmed, at any place of election

within this Commonwealth during the time of any primary or

election: Provided, however, That no officer or soldier shall be

prevented from exercising the right of suffrage in the election

district in which he resides, if otherwise qualified.

Section 1208. Meeting of Election Officers on Day of

Election; Duties of Election Officers.--(a) The judges,

inspectors, clerks of election and machine inspectors, together

with the overseers, if any, shall meet in the respective places

appointed for holding the election in each election district at

least thirty minutes before the hour for opening the polls on

the day of each primary and election. They shall thereupon, in

the presence of each other, take and subscribe in duplicate to

the oaths required by this act.

(b) If any judge of election shall not appear at the polling

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place by 7 o'clock A.M., on the day of any primary or election,

the majority inspector shall appoint a judge of election, who is

qualified under the provisions of this act. If any majority

inspector of election shall not appear at said hour, the judge

of election shall appoint a majority inspector, who is qualified

under the provisions of this act. If any minority inspector of

election shall not appear at said hour, the person who received

the second highest vote for judge at the preceding election

shall serve as minority inspector, if available, and if

qualified under the provisions of this act. If such person is

not available or not qualified, the qualified [electors] voters

of the district, present at said time, shall, under the

supervision of the judge of election, elect one of their number

who is duly qualified, to fill said vacancy. If, for any reason,

any vacancy in an election board shall not have been filled, as

aforesaid, by 7:30 A.M., the qualified [electors] voters of the

district, present at said time, shall elect a qualified person

or persons to fill such vacancies. If any clerk shall not appear

by 7 o'clock A.M., the inspector who appointed said clerk shall

fill said vacancy, appointing a qualified [elector] voter

therefor. If any machine inspector shall not appear at said

time, it shall be the duty of the judge of election to promptly

notify the county board, who shall immediately appoint a

qualified machine inspector to fill said vacancy. Any persons

thus appointed or elected to fill vacancies shall take and

subscribe in duplicate to the oaths required by this act, and

shall hold office only for said election.

of election shall designate one of the inspectors of election to

have custody of the district register and to make the entries

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therein, required by this act. In districts in which ballots are

used, the other inspector shall have charge of the receipt and

deposit of ballots in the ballot box, the judge or one of the

clerks shall issue the ballots to [electors] voters after they

are found entitled to vote, and the other clerk shall have

custody of the "Voting Check List," and shall place the voter's

certificates therein as they are received and approved. In

districts in which voting machines are used, the other inspector

or clerk shall have custody of the "Voting Check List," and

shall place the voter's certificates therein as they are

received and approved, and the judge shall have special charge

of the operation of the voting machine: Provided, however, That

the judge of election may make other arrangements for the

division of the duties imposed by this act, so long as each

election officer and clerk is assigned some specific duty to

perform. If more than one voting machine is used, the judge

shall be assisted by the machine inspectors, each machine

inspector being assigned by him to have charge of the operation

of a particular machine. In all election districts, the judge

shall assign two (2) members of the election board or clerks to

keep two (2) numbered lists of voters during the progress of the

voting.

(d) Any election officer, clerk or machine inspector may be

assigned by the judge of election to assist another officer,

clerk or machine inspector in the performance of his duties, or

to perform them for him during his temporary absence or

disability.

Section 1209. Opening of Polls; Posting Cards of Instruction

and Notices of Penalties and Voters' Rights; Examination of

Voting Machines.--(a) In districts in which ballots are used,

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the election officers shall, after taking the oath, open the

ballot boxes which have been furnished to them, and burn and

totally destroy all the ballots and other papers which they may

find therein, before the opening of the polls.

Whenever during any emergency, it becomes necessary to save

waste paper on account of a shortage thereof, the Governor of

the Commonwealth may, by proclamation, suspend the foregoing

provisions relating to the destruction of ballots and papers,

and in that case, the election board shall set the ballots and

other papers aside and they shall be collected and disposed of

by such means and in such manner as may be determined by the

county election board. When the polling place is opened, the

ballot box shall be securely locked, and shall not be opened

until the close of the polls, as provided in section 1221. At

the opening of the polls the seals of the packages furnished by

the county board shall be publicly broken, and the said packages

shall be opened by the judge of election. The cards of

instruction and notices of penalties shall be immediately posted

in each voting compartment, and not less than three such cards

and notices of penalties and voters' rights, and not less than

five specimen ballots (at primaries five of each party), shall

be immediately posted in or about the voting room outside the

enclosed space, and such cards of instruction, notices of

penalties and specimen ballots shall be given to any [elector]

voter at his request, so long as there are any on hand.

(a.1) The notice pertaining to voters' rights shall contain

the following in boldface type:

[An elector] A voter shall have the right to cast his or her

vote:

without the use or threat of force, violence or restraint;

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without the infliction or threat of infliction of injury;

without any intimidation or coercion upon or against his or

her person; or

without any other action intended to deny any individual's

right to vote.

(b) (1) In districts in which voting machines are used, at

the opening of the polls, the seals of the package furnished by

the county board shall be publicly broken, and the said package

shall be opened by the judge of election. Not less than three

cards of instruction and notices of penalties, and not less than

two diagrams of the face of the machine shall be immediately

posted in or about the voting room outside the enclosed space,

and such cards and notices of penalties shall be given to any

[elector] voter at his request, so long as there are any on

hand. Thereupon the election officers, before opening the

envelope containing the keys which unlock the operating

mechanism and registering counters or counter compartment of the

voting machine, shall examine the number of the seal on the

machine and the number registered on the protective counter or

device, and shall see whether they are the same as the numbers

written on the envelope containing the keys. If either number

shall be found not to agree, the envelope shall remain unopened

until the election officers shall have notified the proper

custodian of voting machines, or the county board, and until the

custodian or some other person authorized by the county board

shall have presented himself at the polling place for the

purpose of reexamining the machine, and shall have certified

that it is properly arranged. But if the numbers on the seal and

the protective counter or device shall both be found to agree

with the numbers on the envelope, the envelope shall be opened,

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and where the voting machine provided is not equipped with

mechanism for printing paper proof sheets, the election officers

shall examine the registering counters, and, for that purpose,

shall open the doors concealing such counters, if the

construction of the voting machine shall so require, and, before

the polls are opened, the judge and each inspector shall

carefully examine every counter, and shall see that it registers

zero (000), and shall allow the overseers and watchers to

examine the counters. When the voting machine provided is

equipped with mechanism for printing paper proof sheets, and

requires the simultaneous use of three keys to unlock the

registering counters or counter compartment, the judge of

election shall deliver one of the two keys, aforesaid, to the

minority inspector to be retained by him as hereinafter

provided, and shall then print at least two proof sheets, one of

which the judge and each inspector shall carefully examine to

ascertain whether every counter registers zero (000), and shall

then preserve said proof sheets to be signed by them and

returned to the county election board, with the duplicate return

sheet, and shall sign and post the other proof sheet upon the

wall of the polling place, where it shall remain until the polls

are closed. The key delivered by the judge of election to the

minority inspector as aforesaid, shall be retained by the

minority inspector until the polls have been closed, and the

voting and counting mechanism of the machine shall have been

locked and sealed against voting, and shall then be returned to

the judge of election, for return by him to the county election

board, as hereinafter provided.

(2) If the ballot labels containing the names of offices,

parties, political bodies, candidates, and questions, shall not

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be in their proper places on the voting machine, the election

officers, forthwith, shall notify the proper custodian of voting

machines, or the county board, and the machine shall not be used

until the custodian, or some other person authorized by the

county board, shall have supplied ballot labels, as herein

prescribed. If the ballot labels for a voting machine shall not

be delivered at the time required, or if after delivery, they

shall be lost, destroyed, or stolen, the county board or

custodian shall cause other ballot labels to be prepared,

printed or written, as nearly in the form of the official ballot

labels as practicable, and shall cause such ballot labels to be

used in the same manner, as nearly as may be, as the official

ballot labels would have been used.

(3) The judge, each inspector of election, each clerk of

election and the overseers, if any, shall sign a certificate

showing--(1) the identifying number or other designation of the

voting machine; (2) the delivery of the keys in a sealed

envelope; (3) the number on the seal upon the machine; (4) the

number registered on the protective counter or device; (5) that

all of the counters were set at zero (000); and (6) that the

ballot labels are properly placed in the machine, which

certificate shall be returned by the judge of election to the

county board with the other certificates, as hereinafter

provided.

(4) The machine shall remain locked against voting until the

polls are opened, and shall not be operated except by [electors]

voters in voting. If any counter is found not to register zero

(000), the election officer shall immediately notify the

custodian, or the county board, who shall, if practicable,

adjust or cause the counters to be adjusted at zero (000), but,

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if it shall be found impracticable for the custodian or other

person authorized by the county board to arrive in time so to

adjust such counters before the time set for opening the polls,

the election officer shall immediately make a written record of

the designation or designating letter or number of such counter,

together with the number registered thereon, herein below called

the initial number, and shall sign and post the same upon the

wall of the polling place, where it shall remain until the polls

are closed: Provided, however, That if the voting machine used

is equipped with mechanism for printing paper proof sheets, in

any case where any counter is shown by such proof sheet not to

such counter adjusted before the time set for opening the polls,

the election officer shall sign such printed proof sheet and

post the same upon the wall of the polling place where it shall

remain until the polls are closed; and, in filling out the

returns of the election, if the final number of such counter is

greater than the initial number, the election officer shall

subtract the initial number from the final number, and enter the

difference on the returns as the vote for the candidate or on

the question represented by such counter; if the final number of

such counter is less than the initial number, the election

officers shall add one thousand to the final number and shall

subtract the initial number from the sum so ascertained, and

shall enter upon the returns as the vote for the candidate or on

the question represented by such counter the final number plus

one thousand less the initial number.

(5) The exterior of the voting machine, and every part of

the polling place, shall be in plain view of the election

officers, overseers and watchers. The voting machine shall be

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located in the polling place, at least six feet back of the

guard-rail or barrier, in such a position that, unless its

construction shall require otherwise, the ballot labels on the

face of the machine can be seen plainly by the election

officers, overseers and watchers when the machine is not

occupied by a voter.

(6) The election officers shall not themselves be, nor allow

any other person to be, in any position that will permit any one

to see or ascertain how [an elector] a voter votes, or how he

has voted. The election officers, or one of them, shall inspect

the face of the machine at frequent intervals, to see that the

ballot labels are in their proper places, and that the machine

has not been injured or tampered with.

(7) During a primary or election, the door, or other

covering of the compartment containing the counters of the

machine shall not be unlocked or opened, or the counters

exposed, except by action of the proper custodian of voting

machines, for good and sufficient reason, a statement of which

shall be made in writing and signed by him and attested by the

signatures of the election officers and overseers, or except

upon the written order of the county board, for good and

sufficient reason, which shall be stated in the order.

Section 1210. Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

primary and election each [elector] voter who appears to vote

and who desires to vote shall first present to an election

officer proof of identification.

The election officer shall examine the proof of identification

presented by the [elector] voter and sign an affidavit stating

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that this has been done.

(a.2) If any of the following apply, the [elector] voter

shall be permitted to cast a provisional ballot in accordance

with subsection (a.4):

(1) The [elector] voter is unable to produce proof of

identification:

(i) on the grounds that the [elector] voter is indigent and

unable to obtain proof of identification without the payment of

a fee; or

(ii) on any other grounds.

(2) The [elector's] voter's proof of identification is

challenged by the judge of elections.

(a.3) (1) All [electors] voters, including any [elector]

voter that shows proof of identification pursuant to subsection

(a), shall subsequently sign a voter's certificate in blue,

black or blue-black ink with a fountain pen or ball point pen,

and, unless he is a State or Federal employe who has registered

under any registration act without declaring his residence by

street and number, he shall insert his address therein, and hand

the same to the election officer in charge of the district

(2) Such election officer shall thereupon announce the

[elector's] voter's name so that it may be heard by all members

of the election board and by all watchers present in the polling

place and shall compare the [elector's] voter's signature on his

voter's certificate with his signature in the district register.

If, upon such comparison, the signature upon the voter's

certificate appears to be genuine, the [elector] voter who has

signed the certificate shall, if otherwise qualified, be

permitted to vote: Provided, That if the signature on the

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voter's certificate, as compared with the signature as recorded

in the district register, shall not be deemed authentic by any

of the election officers, such [elector] voter shall not be

denied the right to vote for that reason, but shall be

considered challenged as to identity and required to make the

affidavit and produce the evidence as provided in subsection (d)

of this section.

(3) When [an elector] a voter has been found entitled to

vote, the election officer who examined his voter's certificate

and compared his signature shall sign his name or initials on

the voter's certificate, shall, if the [elector's] voter's

signature is not readily legible, print such [elector's] voter's

name over his signature, and the number of the stub of the

ballot issued to him or his number in the order of admission to

the voting machines, and at primaries a letter or abbreviation

designating the party in whose primary he votes shall also be

entered by one of the election officers or clerks.

(4) As each voter is found to be qualified and votes, the

election officer in charge of the district register shall write

or stamp the date of the election or primary, the number of the

stub of the ballot issued to him or his number in the order of

admission to the voting machines, and at primaries a letter or

abbreviation designating the party in whose primary he votes,

and shall sign his name or initials in the proper space on the

registration card of such voter contained in the district

(5) As each voter votes, his name in the order of voting

shall be recorded in two (2) numbered lists of voters provided

for that purpose, with the addition of a note of each voter's

party enrollment after his name at primaries.

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(a.4) (1) At all elections an individual who claims to be

properly registered and eligible to vote at the election

district but whose name does not appear on the district register

and whose registration cannot be determined by the inspectors of

election or the county election board shall be permitted to cast

a provisional ballot. Individuals who appear to vote shall be

required to produce proof of identification pursuant to

subsection (a) and if unable to do so shall be permitted to cast

a provisional ballot. An individual presenting a judicial order

to vote shall be permitted to cast a provisional ballot.

(2) Prior to voting the provisional ballot, the [elector]

voter shall be required to sign an affidavit stating the

following:

I do solemnly swear or affirm that my name is______________,

that my date of birth is __________,and at the time that I

registered I resided at __________ in the municipality of

_________________ in _____________ County of the Commonwealth of

Pennsylvania and that this is the only ballot that I cast in

this election.

Signature of [Voter/Elector] Voter

Current Address

Check the Reason for Casting the Provisional Ballot.

Signed by Judge of Elections and minority inspector

(3) After the provisional ballot has been cast, the

individual shall place it in a secrecy envelope. The individual

shall place the secrecy envelope in the provisional ballot

envelope and shall place his signature on the front of the

provisional ballot envelope. All provisional ballots shall

remain sealed in their provisional ballot envelopes for return

to the county board of elections.

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(4) Within seven calendar days of the election, the county

board of elections shall examine each provisional ballot

envelope that is received to determine if the individual voting

that ballot was entitled to vote at the election district in the

election. One authorized representative of each candidate in an

election and one representative from each political party shall

be permitted to remain in the room in which the determination is

being made. Representatives shall be permitted to keep a list of

those persons who cast a provisional ballot and shall be

entitled to challenge any determination of the county board of

elections with respect to the counting or partial counting of

the ballot under this section. Upon challenge of any provisional

ballot under this clause, the ballot envelope shall be marked

"challenged" together with the reason for the challenge, and the

provisional ballot shall be set aside pending final

determination of the challenge according to the following

procedure:

(i) Provisional ballots marked "challenged" shall be placed

unopened in a secure, safe and sealed container in the custody

of the county board of elections until it shall fix a time and

place for a formal hearing of all such challenges, and notice

shall be given where possible to all provisional [electors]

voters thus challenged and to every attorney, watcher or

candidate who made the challenge.

(ii) The time for the hearing shall not be later than seven

days after the date of the challenge.

(iii) On the day fixed for the hearing, the county board

shall proceed without delay to hear the challenges and, in

hearing the testimony, the county board shall not be bound by

the Pennsylvania Rules of Evidence.

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(iv) The testimony presented shall be stenographically

recorded and made part of the record of the hearing.

(v) The decision of the county board in upholding or

dismissing any challenge may be reviewed by the court of common

pleas of the county upon a petition filed by any petitioner

aggrieved by the decision of the county board. The appeal shall

be taken, within two days after the decision was made, whether

the decision was reduced to writing or not, to the court of

common pleas setting forth the objections to the county board's

decision and praying for an order reversing the decision.

(vi) Pending the final determination of all appeals, the

county board shall suspend any action in canvassing and

computing all challenged provisional ballots irrespective of

whether or not an appeal was taken from the county board's

decision.

(vii) Upon completion of the computation of the returns of

the county, the votes cast upon the challenged official

provisional ballots shall be added to the other votes cast

within the county.

(5) (i) Except as provided in subclause (ii), if it is

determined that the individual was registered and entitled to

vote at the election district where the ballot was cast, the

county board of elections shall compare the signature on the

provisional ballot envelope with the signature on the

[elector's] voter's registration form and, if the signatures are

determined to be genuine, shall count the ballot if the county

board of elections confirms that the individual did not cast any

other ballot, including an absentee ballot, in the election.

(ii) A provisional ballot shall not be counted if:

(A) either the provisional ballot envelope under clause (3)

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or the affidavit under clause (2) is not signed by the

individual;

(B) the signature required under clause (3) and the

signature required under clause (2) are either not genuine or

are not executed by the same individual;

envelope;

(D) in the case of a provisional ballot that was cast under

subsection (a.2)(1)(i), within six calendar days following the

election the [elector] voter fails to appear before the county

board of elections to execute an affirmation or the county board

of elections does not receive an electronic, facsimile or paper

copy of an affirmation affirming, under penalty of perjury, that

the [elector] voter is the same individual who personally

appeared before the district election board on the day of the

election and cast a provisional ballot and that the [elector]

voter is indigent and unable to obtain proof of identification

without the payment of a fee; or

(E) in the case of a provisional ballot that was cast under

subsection (a.2)(1)(ii), within six calendar days following the

election, the [elector] voter fails to appear before the county

board of elections to present proof of identification and

execute an affirmation or the county board of elections does not

receive an electronic, facsimile or paper copy of the proof of

identification and an affirmation affirming, under penalty of

perjury, that the [elector] voter is the same individual who

personally appeared before the district election board on the

day of the election and cast a provisional ballot.

(iii) One authorized representative of each candidate in an

election and one representative from each party shall be

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permitted to remain in the room in which deliberation or

determination of subclause (ii) is being made.

(6) If it is determined that the individual voting the

provisional ballot was not registered, the provisional ballot

shall not be counted and the ballot shall remain in the

provisional ballot envelope and shall be marked "Rejected as

Ineligible."

(7) The following shall apply:

(i) Except as provided in subclause (ii), if it is

determined that the individual voting the provisional ballot was

eligible to vote in the county in which the ballot was cast but

not at the election district where the ballot was cast, the

county board of elections shall open the envelope and only count

that portion of the ballot that the individual would have been

eligible to vote in his proper election district and at the

election district where the vote was cast if:

(A) the county board of elections confirms that the

individual did not cast any other ballot, including an absentee

ballot, in the election; and

(B) the individual casting the provisional ballot is a

resident of the county in which the provisional ballot was cast.

(ii) In the event that the individual casting the

provisional ballot is not found to be a resident of the county

in which the provisional ballot was cast, the ballot shall not

be counted.

(iii) In the event that the board of elections determines,

based on an evidentiary record, that the individual

intentionally and wilfully cast a provisional ballot in an

election district in which the individual was not eligible to

vote, the ballot shall not be counted.

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(8) On election night, immediately upon completion of the

count and tabulation of the votes cast, the judge of election

shall prepare and certify under oath a tally displaying the

number of provisional ballots received from the election board

and the number of provisional ballots cast and transmitted to

the county board of elections. The judge of election shall

record on the tabulation the name of the individual into whose

possession the provisional ballots were passed for transmission

to the county board of elections.

(9) All provisional ballots and the tally of provisional

ballots tabulated under clause (8) in the possession of an

election board official shall be promptly returned by the judge

of election to the custody of the proper county election board

in accordance with sections 1113-A(j), 1225(b) and 1228(a).

(10) One authorized representative of each candidate in an

election and one representative from each political party shall

be permitted to remain in the room where provisional ballots are

received by the county board of elections.

(11) The department shall establish a World Wide Web site

and a toll-free telephone number to permit an individual who

cast a provisional ballot to determine whether the vote of that

individual was counted and, if the vote was not counted, the

reason that it was not counted.

(12) For purposes of this subsection, "provisional ballot"

means a ballot issued to an individual who claims to be a

registered [elector] voter by the judge of elections on election

day when the individual's name does not appear on the general

(b) If any [elector] voter was unable to sign his name at

the time of registration, or, if having been able to sign his

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name when registered, he subsequently shall have lost his sight

or lost the hand with which he was accustomed to sign his name,

or shall have been otherwise rendered by disease or accident

unable to sign his name when he applies to vote, he shall

establish his identity to the satisfaction of the election

officers, and in such case he shall not be required to sign a

voter's certificate, but a certificate shall be prepared for him

by one of the election officers, upon which the facts as to such

disability shall be noted and attested by the signature of such

election officer.

election officer or clerk or other person to see the signature

recorded as his in the district register until after he shall

have signed his name to the voter's certificate.

(d) No person, except a qualified [elector] voter who is in

actual military or naval service under a requisition of the

President of the United States or by the authority of this

Commonwealth, and who votes under the provisions of Article XIII

of this act, shall be entitled or permitted to vote at any

primary or election at any polling place outside the election

district in which he resides, nor shall he be permitted to vote

in the election district in which he resides, unless he has been

personally registered as [an elector] a voter and his

registration card appears in the district register of such

election district, except by order of the court of common pleas

as provided in this act, and any person, although personally

registered as [an elector] a voter, may be challenged by any

qualified [elector] voter, election officer, overseer, or

watcher at any primary or election as to his identity, as to his

continued residence in the election district or as to any

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alleged violation of the provisions of section 1210 of this act,

and if challenged as to identity or residence, he shall produce

at least one qualified [elector] voter of the election district

as a witness, who shall make affidavit of his identity or

continued residence in the election district: Provided, however,

That no person shall be entitled to vote as a member of a party

at any primary, unless he is registered and enrolled as a member

of such party upon the district register, which enrollment shall

be conclusive as to his party membership and shall not be

subject to challenge on the day of the primary.

(e) A person who wilfully commits fraud or who conspires to

wilfully commit fraud in relation to any of the provisions of

this section commits a felony of the third degree and, upon

conviction, shall be sentenced to pay a fine not exceeding

fifteen thousand dollars ($15,000) or to undergo a term of

imprisonment of not more than seven years, or both. An

individual convicted under this subsection shall be barred for

life from serving as a judge, inspector or clerk of election,

machine inspector translator, county election board official,

poll watcher or in any other official capacity relating to the

sanctity, observation or conduct of Pennsylvania elections.

(f) As used in this section, "care facility" means any of

the following:

(1) A long-term care nursing facility as defined in section

802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the

"Health Care Facilities Act."

(2) An assisted living residence or a personal care home as

defined in section 1001 of the act of June 13, 1967 (P.L.31,

No.21), known as the ["Public Welfare Code."] "Human Services

Code."

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Section 1211. Bribery at Elections; Challenges; Rejection of

Votes.--(a) The election officers shall reject the vote of any

person at any primary or election who shall give or promise or

offer to give to [an elector] a voter, any money, reward or

other valuable consideration for his vote at such primary or

election or for withholding the same, or who shall give or

promise to give such consideration to any other person or party

for such [elector's] voter's vote or for the withholding

thereof, or who shall receive or agree to receive for himself or

for another any money, reward or other valuable consideration

for his vote at such primary or election, or for withholding the

same.

(b) The vote of any [elector] voter shall be rejected by the

election officers if they or any one of them shall of their own

knowledge know him to be guilty of a violation of any of the

provisions of this section, or if upon challenge of such

[elector] voter by any qualified [elector] voter, election

officer, overseer or watcher, it shall be proved to their

satisfaction that such [elector] voter has violated the

provisions of this section, and in no case shall any [elector]

voter so challenged be permitted to vote, unless he shall make

written affidavit that the matter of the challenge is untrue.

Section 1212. Voting Check List.--After each [elector] voter

has been admitted to vote, his voter's certificate shall be

inserted in the file or binder provided therefor by the county

board, and known as the "Voting Check List," and the said

voter's certificate so bound shall constitute the official list

of [electors] voters voting at such primary or election. All

voter's certificates prepared by persons applying to vote whose

applications to vote are refused by the election officer shall

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be carefully preserved and returned to the county board with the

other papers.

Section 1213. Qualifications of [Electors] Voters to Be

Decided by Inspectors; Duty of Judge.--The inspectors of

election shall investigate and pass upon the qualifications of

all persons claiming the right to vote at any primary or

election, and if the inspectors shall disagree upon the right of

any person to vote, the judge of election shall decide the

question. If the judge is unable to decide, then the overseers

of election, if they be agreed, shall decide the question.

Section 1214. Admission of [Electors] Voters Within Enclosed

Space.--

(a) No [elector] voter shall be allowed to enter the

enclosed space until he shall be found entitled to vote.

(b) As soon as [an elector] a voter has been admitted within

the enclosed space, the election officer having charge of the

ballots in districts in which ballots are used, shall detach a

ballot from the stub and give it to the [elector] voter, first

folding it so that the words and figures printed on the back

shall be the only words and figures visible, and no ballots

shall be deposited in the ballot box unless folded in the same

manner. Not more than one ballot shall be detached from its stub

in any book of ballots at any one time. Not more than one ballot

shall be given to [an elector] a voter, but if [an elector] a

voter inadvertently spoils a ballot, he may obtain another upon

returning the spoiled one. The ballots thus returned shall be

immediately cancelled and at the close of the polls shall be

enclosed in an envelope, sealed and returned to the county

board.

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elector] a voter, after being found to be qualified and admitted

within the enclosed space, shall be admitted to the voting

machine booth as soon as it is vacant, and shall be permitted to

vote.

(d) Not more than twice as many [electors] voters waiting to

vote as there are voting compartments or voting machines in use

in the district shall be admitted within the enclosed space at

any one time.

Section 1215. Method of Marking Ballots and Depositing Same

in Districts in Which Ballots are Used.--(a) In districts in

which ballots are used, the [elector] voter, after receiving his

ballot, shall retire to one of the voting compartments, and draw

the curtain or shut the screen or door, and shall then prepare

his ballot.

(b) At primaries, the [elector] voter shall prepare his

ballot in the following manner: He shall vote for the candidates

of his choice for nomination or election, according to the

number of persons to be voted for by him, for each office, by

making a cross (X) or check ( ) mark in the square opposite the

name of the candidate, or he may insert by writing, stamping or

sticker, in the blank space provided therefor, any name not

already printed on the ballot, and such insertion shall count as

a vote without the making of a cross (X) or check ( ) mark.

ballot in the following manner: He may vote for the candidates

of his choice for each office to be filled according to the

number of persons to be voted for by him for each office, by

making a cross (X) or check ( ) mark in the square opposite the

name of the candidate, or he may insert by writing, stamping or

sticker, in the blank spaces provided therefor, any name not

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already printed on the ballot, and such insertion shall count as

a vote without the making of a cross (X) or check ( ) mark. If

he desires to vote for every candidate of a political party or

political body, except its candidates for offices as to which he

votes for individual candidates in the manner hereinafter

provided, he may make a cross (X) or check ( ) mark in the

square opposite the name of the party or political body of his

choice in the party column on the left of the ballot, and every

such cross (X) or check ( ) mark shall be equivalent to and be

counted as a vote for every candidate of a party or political

body so marked, including its candidates for presidential

electors, except for those offices as to which he has indicated

a choice for individual candidates of the same or another party

or political body, by making a cross (X) or check ( ) mark

opposite their names in the manner hereinabove provided, as to

which offices his ballot shall be counted only for the

candidates which he has thus individually marked,

notwithstanding the fact that he made a mark in the party

column, and even though in the case of an office for which more

than one candidate is to be voted for, he has not individually

marked for such office the full number of candidates for which

he is entitled to vote. If he desires to vote for the entire

group of presidential electors nominated by any party or

political body, he may make a cross (X) or check ( ) mark in the

appropriate square at the right of the names of the candidates

for President and Vice-President of such party or body. If he

desires to vote a ticket for presidential electors made up of

the names of persons nominated by different parties or political

bodies, or partially of names of persons so in nomination and

partially of names of persons not in nomination by any party or

20170HB1208PN1416 - 166 -

political body, or wholly of names of persons not in nomination

by any party or political body, he shall insert the names of the

candidates for presidential electors for whom he desires to vote

in the blank spaces provided therefor under the title of the

office "Presidential Electors." In case of a question submitted

to the vote of the [electors] voters, he may make a cross (X) or

check ( ) mark in the appropriate square opposite the answer

which he desires to give.

(d) Before leaving the voting compartment, the [elector]

voter shall fold his ballot, without displaying the markings

thereon, in the same way it was folded when received by him, and

he shall then leave the compartment and exhibit the ballot to

one of the election officers who shall ascertain by an

inspection of the number appearing upon the right hand corner of

the back of the ballot whether the ballot so exhibited to him is

the same ballot which the [elector] voter received before

entering the voting compartment. If it is the same, the election

officer shall direct the [elector] voter, without unfolding the

ballot, to remove the perforated corner containing the number,

and the [elector] voter shall immediately deposit the ballot in

the ballot box. Any ballot deposited in a ballot box at any

primary or election without having the said number torn off

shall be void and shall not be counted.

Section 1216. Instructions of Voters and Manner of Voting in

Districts in Which Voting Machines are Used.--

(a) In districts in which voting machines are used, the

election officers shall, with the aid of the diagrams authorized

by this act and the mechanically operated model, instruct each

[elector] voter before he enters the voting machine booth

regarding the operation of the machine, and shall give the

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[elector] voter opportunity personally to operate the model. In

election districts using full-scale models listing the actual

ballot labels for the primary or election as the case may be,

any [elector] voter who desires a demonstration on such full-

size scale model shall have the right to select any registered

[elector] voter who is legally entitled to be inside the polling

place under the provisions of this act to give such [elector]

voter a demonstration.

(b) If any voter, after entering the voting machine booth

and before the closing of such booth, shall ask for further

instructions concerning the manner of voting, any one of the

election officers may give him such instructions, but no person

giving a voter such instructions shall in any manner request,

suggest or seek to persuade or induce any such [elector] voter

to vote any particular ticket or for any particular candidate or

for or against any particular question. After giving such

instructions, and before the [elector] voter closes the booth or

votes, the election officer shall retire, and the [elector]

voter shall forthwith vote.

machine, it shall be adjusted by the election officer in charge

thereof, so that such voter will only be able to vote for the

candidates of the party in which he is registered and enrolled

and for candidates for nonpartisan nomination, if any.

(d) At primaries, he shall vote for each candidate

individually by operating the key, handle, pointer or knob, upon

or adjacent to which the name of such candidate is placed. At

elections, he may vote for each candidate individually by

operating the key, handle, pointer or knob, upon or adjacent to

which the names of candidates of his choice are placed, or he

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may vote a straight political party ticket in one operation by

operating the straight political party lever of the political

party or political body of his choice, if such machine has

thereon a separate lever for all the candidates of the political

body. He may also, after having operated the straight party

lever, and before recording his vote, cancel the vote for any

candidate of such political party or political body by replacing

the individual key, handle, pointer or knob of such candidate,

and may thereupon vote for a candidate of another party, or

political body for the same office by operating the key, handle,

pointer or knob, upon or adjacent to which the name of such

candidate appears. In the case of a question submitted to the

vote of the [electors] voters, the [elector] voter shall operate

the key, handle, pointer or knob corresponding to the answer

which he desires to give.

(e) A voter may, at any primary or election, vote for any

person for any office, for which office his name does not appear

upon the voting machine as a candidate, by an irregular ballot

containing the name of such person deposited, written or affixed

in or upon the appropriate receptacle or device provided in or

on the machine for that purpose, and in no other manner. Where

two or more persons are to be elected to the same office, and

the name of each candidate is placed upon or adjacent to a

separate key, handle, pointer or knob, and the voting machine

requires that all irregular ballots voted for that office be

deposited, written or affixed in or upon a single receptacle or

device, [an elector] a voter may vote in or by such receptacle

or device for one or more persons whose names do not appear upon

the machine, with or without the names of one or more persons

whose names do so appear. With these exceptions no irregular

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ballot shall be cast on a voting machine for any person for any

office, whose name appears on the machine as a candidate for

that office, and any ballot so cast shall be void and not

counted.

(f) At any general election at which presidential electors

are to be chosen, each [elector] voter shall be permitted to

vote by one operation for all the presidential electors of a

political party or political body. For each party or body

nominating presidential electors, a ballot label shall be

provided containing only the words "Presidential Electors,"

preceded by the names of the party or body and followed by the

names of the candidates thereof for the office of President and

Vice-President, and the corresponding counter or registering

device shall register votes cast for said presidential electors

when thus voted for collectively. If [an elector] a voter

desires to vote a ticket for presidential electors made up of

the names of persons nominated by different parties or bodies,

or partially of names of persons so in nomination and partially

of names of persons not in nomination by any party or body, or

wholly of names of persons not in nomination by any party or

body, he may write or deposit a paper ballot prepared by himself

in the receptacle provided in or on the machine for the purpose.

The machine shall be so constructed that it will not be possible

for any one voter to vote a straight party ticket for

presidential electors and at the same time to deposit a ballot

for presidential electors in a receptacle as hereinabove

provided. When the votes for presidential electors are counted,

the votes appearing upon the counter or registering device

corresponding to the ballot label containing the names of the

candidates for President and Vice-President of any party or body

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shall be counted as votes for each of the candidates for

presidential elector of such party or body, and thereupon all

candidates for presidential elector shall be credited, in

addition, with the votes cast for them upon the ballots

deposited in the machine, as hereinabove provided.

(g) As soon as the [elector] voter has adjusted the voting

machine so that it will record his choice for the various

candidates to be voted for, and his answers to the various

questions submitted, he shall operate the recording mechanism,

and forthwith leave the voting machine booth.

Section 1217. Time Allowed [Elector] in Voting Booth or

Voting Machine Compartment.--No [elector] voter shall remain in

a voting compartment or voting machine booth an unreasonable

length of time, and, in no event, for more than three minutes,

and if he shall refuse to leave after said period, he shall be

removed by the election officers: Provided, however, That they

may grant him a longer time if other [electors] voters are not

waiting to vote.

Section 1218. Assistance in Voting.--

(a) No voter shall be permitted to receive any assistance in

voting at any primary or election, unless there is recorded upon

his registration card his declaration that, by reason of

blindness, disability, or inability to read or write, he is

unable to read the names on the ballot or on the voting machine

labels, or that he has a physical disability which renders him

unable to see or mark the ballot or operate the voting machine,

or to enter the voting compartment or voting machine booth

without assistance, the exact nature of such condition being

recorded on such registration card, and unless the election

officers are satisfied that he still suffers from the same

20170HB1208PN1416 - 171 -

condition.

(b) Any [elector] voter who is entitled to receive

assistance in voting under the provisions of this section shall

be permitted by the judge of election to select a person of the

[elector's] voter's choice to enter the voting compartment or

voting machine booth with him to assist him in voting, such

assistance to be rendered inside the voting compartment or

voting machine booth except that the judge of election, the

[elector's] voter's employer or an agent of the employer or an

officer or agent of the [elector's] voter's union shall not be

eligible to assist the [elector] voter.

section, the judge of election shall forthwith enter in writing

in a book to be furnished by the county board of elections, to

be known as the record of assisted voters--(1) the voter's name;

(2) a statement of the facts which entitle him to receive

assistance; and (3) the name of the person furnishing the

assistance. The record of assisted voters shall be returned by

the judge of election to the county board of elections with the

other papers, as hereinafter provided, and said county board

shall permit the same to be examined only upon the written order

of a judge of the court of common pleas: Provided, however, That

such record shall be subject to subpoena to the same extent to

which other election records may be subpoenaed: And provided

further, That the county election board shall permit any

registration commission to examine any records of assisted

voters without a court order, in order that the registration

commission may ascertain whether [electors] voters, who have

declared, at the time of registration, their need for

assistance, actually did receive assistance when voting at any

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election.

Section 1219. Ballots to Be Issued by Election Officers

Only; Ballots Not to Be Removed; Official Ballots Only to Be

Deposited or Counted.--No official ballot shall be taken or

detached from its stub in any book of ballots, except by an

election officer or clerk when a person desiring to vote has

been found to be a qualified [elector] voter entitled to vote.

Not more than one ballot shall be removed at any one time or

given to an [elector] voter, except in the case of a spoiled

ballot as provided by this act. No person other than the

election officers shall take or remove any ballot from the

polling place. No ballot without the official endorsement shall,

except as herein otherwise provided, be deposited in the ballot

box, and no other ballots shall be counted. If any ballot

appears to have been obtained otherwise than from the county

board as provided by this act, the same shall not be counted,

and the judge of election shall transmit such ballot to the

district attorney without delay, together with whatever

information he may have regarding the same.

Section 1220. Regulations in Force at Polling Places.--(a)

Until the polls are closed, no person shall be allowed in the

polling place outside of the enclosed space at any primary or

election, except the watchers, voters not exceeding ten at any

one time who are awaiting their turn to vote, and peace

officers, when necessary for the preservation of the peace. No

[elector] voter shall be allowed to occupy a voting compartment

or voting machine booth already occupied by another, except when

giving assistance as permitted by this act.

(b) No [elector] voter, except an election officer, clerk,

machine inspector or overseer, shall be allowed to re-enter the

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enclosed space after he has once left it, except to give

assistance as provided by this act.

electioneer or solicit votes for any political party, political

body or candidate, nor shall any written or printed matter be

posted up within the said room, except as required by this act.

(d) All persons, except election officers, clerks, machine

inspectors, overseers, watchers, persons in the course of

voting, persons lawfully giving assistance to voters, and peace

and police officers, when permitted by the provisions of this

act, must remain at least ten (10) feet distant from the polling

place during the progress of the voting.

(e) When the hour for closing the polls shall arrive, all

qualified [electors] voters who have already qualified, and are

inside the enclosed space, shall be permitted to vote; and, in

addition thereto, all those qualified [electors] voters who are

in the polling place outside the enclosed space waiting to vote

and all those voters who are in line either inside or outside of

the polling place waiting to vote, shall be permitted to do so,

if found qualified.

(f) It shall be the duty of the judge of election to secure

the observance of the provision of this section, to keep order

in the voting room, and to see that no more persons are admitted

within the enclosed space than are permitted by this act. The

judge of election may call upon any constable, deputy constable,

police officer or other peace officer to aid him in the

performance of his duties under this section.

Section 1221. Duties of Election Officers After the Close of

the Polls in Districts in Which Ballots are Used.--After the

polls are closed and the last [elector] voter has voted in

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districts in which ballots are used, the election officers,

clerks and overseers, if any, shall remain within the enclosed

space. Before the ballot box is opened, the number of ballots

issued to [electors] voters (at primaries the number issued to

the [electors] voters of each party), as shown by the stubs, and

the number of ballots (at primaries the number of ballots of

each party), if any, spoiled and returned by voters and

cancelled, shall be announced to all present in the voting room,

and entered on the general returns of votes cast at such primary

or election. The election officers shall then compare the number

of [electors] voters voting as shown by the stubs with the

number of names marked as voting in the district register,

"Voting Check List," and numbered lists of voters, shall

announce the result, and shall enter on the general returns the

number of [electors] voters who have voted, as shown by the

"Voter's Check List." If any differences exist, they shall be

reconciled, if possible, otherwise they shall be noted on the

general returns. The district register, the "Voting Check List,"

the numbered lists of voters and the stubs of all ballots used,

together with all unused ballots, and all spoiled and cancelled

ballots, and all rejected voter's certificates shall then be

placed in separate packages, containers or envelopes, and

sealed, before the ballot box is opened.

Section 1222. Count and Return of Votes in Districts in

Which Ballots are Used.--

(a) As soon as all the ballots have been properly accounted

for, and those outside the ballot box, as well as the "Voting

Check List," numbered lists of voters and district register

sealed, the election officers shall forthwith open the ballot

box, and take therefrom all ballots therein, and at primaries,

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separate the same according to the party to which they belong.

The ballots shall then be counted one by one, and a record made

of the total number, and at primaries of the total number cast

for each party. Then the judge, under the scrutiny of the

minority inspector, or the minority inspector, under the

scrutiny of the judge, in the presence of the other officers,

clerks, and of the overseers, if any, and within the hearing and

sight of the watchers outside the enclosed space, shall read

aloud the names of the candidates marked or inserted upon each

ballot (at primaries the ballots of each party being read in

sequence), together with the office for which the person named

is a candidate, and the answers contained on the ballots to the

questions submitted, if any, and the majority inspector and

clerks shall carefully enter each vote as read, and keep account

of the same in ink in triplicate tally papers (triplicate tally

papers for each party at primaries) to be provided by the county

board of elections for that purpose, all three of which shall be

made at the same time: Provided, That at all general, municipal

and special elections, in entering each vote received by

candidates at such election, it shall not be necessary to enter

separate tally marks for each vote received by such candidates

upon the ballots containing the same votes for the same names,

commonly known, and in this act designated as "Straight Party

Tickets" for such purpose straight party ticket votes shall be

entered carefully as each straight party ticket vote is read on

the triplicate tally sheets under the heading "Number of votes

received upon the .............................. straight party

tickets." Upon completing the number of votes received by each

straight party ticket, the number so tallied for each party

shall be entered numerically on the extreme right hand margin of

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each such tally paper. All ballots, after being removed from the

box, shall be kept within the unobstructed view of all persons

in the voting room until replaced in the box. No person while

handling the ballots shall have in his hand any pencil, pen,

stamp or other means of marking or spoiling any ballot. The

election officers shall forthwith proceed to canvass and compute

the votes cast, and shall not adjourn or postpone the canvass or

computation until it shall have been fully completed.

(b) When the vote cast for the different persons named upon

the ballots and upon the questions, if any, appearing thereon,

shall have been fully recorded in the tally papers and counted,

the election officers shall duly certify to the number of votes

cast for each person (upon the respective party tickets at

primaries), and shall prepare in ink two (2) general returns,

showing, in addition to the entries made thereon as aforesaid,

the total number of ballots received from the county board (the

total of each party at primaries), the number of ballots cast

(the number of each party at primaries), the number of ballots

(of each party at primaries) declared void, and the number of

ballots spoiled and cancelled, and any blank ballots cast, as

well as the votes cast for each candidate. At elections, the

number of votes cast for each candidate by each political party

or political body of which such candidate is a nominee shall be

separately stated: Provided, That the number of votes received

by each set of candidates upon "straight party tickets" shall be

entered opposite the names of the respective candidates in a

column immediately adjoining upon the left which column shall be

of convenient width and shall be headed "number of votes

received upon straight party tickets." In an immediate column to

the left thereto, the number of votes received by each candidate

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upon all ballots other than "straight party tickets" including

all ballots known as "split tickets" shall be entered, such

column to be of convenient width and shall be headed "number of

votes received other than upon straight party tickets." The

number of votes received by each candidate as shown in the

column headed "number of votes received upon straight party

tickets" shall then be added, together with the number of votes

received by each candidate as shown in the column headed "number

of votes received other than upon straight party tickets" and

thereupon, the total number of votes received by each candidate

shall be entered in a column on the extreme right-hand side of

the return sheets, which column shall be of convenient width and

shall be headed "total number of votes."

Nothing in this section contained shall be construed to

authorize or permit the canvassing, counting or tallying ballots

with any less degree of strictness than otherwise required by

law, the intention of this section being to dispense with the

individual tally marks only so far as the so-called "straight

party tickets" are concerned, and all other operations of

tallying, counting, canvassing and announcing the votes shall

proceed as near as may be in accordance with the other

provisions of this act.

not printed on the ballot, the election officers shall record

any such names exactly as they were written, stamped or applied

to the ballot by sticker.

Section 1223. What Ballots Shall Be Counted; Manner of

Counting; Defective Ballots.--(a) No ballot which is so marked

as to be capable of identification shall be counted. Any ballot

that is marked in blue, black or blue-black ink, in fountain pen

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or ball point pen, or black lead pencil or indelible pencil,

shall be valid and counted: Provided, That all markings on the

ballot are made by the same pen or pencil. Any ballot marked by

any other mark than an (X) or check ( ) in the spaces provided

for that purpose shall be void and not counted: Provided,

however, That no vote recorded thereon shall be declared void

because a cross (X) or check ( ) mark thereon is irregular in

form. Any erasure, mutilation or defective marking of the

straight party column at November elections shall render the

entire ballot void, unless the voter has properly indicated his

choice for candidates in any office block, in which case the

vote or votes for such candidates only shall be counted. Any

erasure or mutilation in the vote in any office block shall

render void the vote for any candidates in said block, but shall

not invalidate the votes cast on the remainder of the ballot, if

otherwise properly marked. Any ballot indicating a vote for any

person whose name is not printed on the ballot, by writing,

stamping or sticker, shall be counted as a vote for such person,

if placed in the proper space or spaces provided for that

purpose, whether or not an (X) or check ( ) is placed after the

name of such person: Provided, however, That if such writing,

stamping or sticker is placed over the name of a candidate

printed on the ballot, it shall render the entire vote in said

office block void. If [an elector] a voter shall mark his ballot

for more persons for any office than there are candidates to be

voted for for such office, or if, for any reason, it may be

impossible to determine his choice for any office, his ballot

shall not be counted for such office, but the ballot shall be

counted for all offices for which it is properly marked. Ballots

not marked, or improperly or defectively marked, so that the

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whole ballot is void, shall be set aside and shall be preserved

with the other ballots.

(b) At November elections, a cross (X) or check ( ) mark in

the square opposite the name of political party or political

body in the party column shall be counted as a vote for every

candidate of that party or body so marked, including its

candidates for presidential electors, except for those offices

as to which the voter has indicated a choice for individual

candidates of the same or another party or body in any office

block, in which case the ballot for such office block shall be

counted only for the candidates thus individually marked,

notwithstanding the fact that the voter has made a mark in the

party column, and even though in the case of an office for which

more than one candidate is to be voted for, he has not

individually marked for such office the full number of

candidates for which he is entitled to vote.

Section 1224. Ballot Decisions to Be Made by Inspectors;

Duty of Judge.--Decisions concerning questionable marks on

ballots or defacing or mutilation of ballots, and the count to

be recorded thereon, shall be made in the same manner as

decisions concerning the qualifications of voters, as provided

in section 1213 herein.

Section 1225. Signing and Disposition of Returns, District

Boxes.--(a) Immediately after the vote has been counted in

districts in which paper ballots are used, all of the general

returns shall be signed by the election officers and clerks, and

certified by the overseers, if any. If any election officer,

clerk or overseer shall refuse to sign or certify the general

returns, he shall write his reasons therefor upon the general

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return sheets. One of said returns shall be immediately posted

for the information of the public outside the polling place, and

one shall be entrusted to the judge for delivery to the county

board with the package of unused ballots, etc., in an envelope

provided for that purpose. The election officers shall then

replace all the ballots cast, so counted and canvassed, in the

ballot boxes, including those declared void, spoiled, and

cancelled, together with one set of tally papers, one numbered

list of voters, sealed as aforesaid, and one oath of each

election officer, and lock and seal each ballot box so that

nothing can be inserted therein until it be opened again; and

the judge and minority inspector shall immediately deliver the

ballot boxes to the custody of the county board, and the county

board shall not compute any returns from any election district

until the ballot boxes therefor, as well as the package of

unused ballots, etc., aforesaid therefrom, are delivered, as

aforesaid. The election officers shall record the number of

votes cast for each person on an official specimen ballot, shall

sign the same and immediately post it outside the polling place

for the information of the public.

(b) The minority inspector shall retain one complete set of

tally papers, one numbered list of voters, sealed as aforesaid,

and one set of oaths of election officers and carefully preserve

the same for a period of at least one year. The remaining tally

papers, affidavits of voters and others, including oaths of

election officers, and one general return sheet shall be placed

in separate envelopes, to be provided for that purpose, and

sealed as soon as the count is finally completed. All of such

envelopes and one numbered list of voters, previously sealed as

aforesaid, shall be entrusted to the judge of election to be

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immediately delivered to the county board. The judge of

elections shall return to the county board by two o'clock A. M.

on the day following the election envelopes; supplies, including

all uncast provisional ballots; and returns, including all

provisional ballots and absentee ballots cast in the election

district.

of the votes cast, the district register and the voting check

list shall be locked and sealed, and returned forthwith by the

judge of election to the custody of the proper registration

commission.

Section 1226. Duties of Election Officers After the Close of

the Polls in Districts in Which Voting Machines are Used.--(a)

When the hour for closing the polls shall arrive, all qualified

[electors] voters who have already qualified and are inside the

enclosed space shall be permitted to vote; and in addition

thereto, all those qualified [electors] voters who are in the

polling place outside the enclosed space waiting to vote and all

those who are in line either inside or outside of the polling

place waiting to vote, shall be permitted by the election

officers to do so. As soon as the polls are closed, and the last

voter has voted, the election officers shall immediately lock

and seal the operating lever or mechanism of the machine, so

that the voting and counting mechanism will be prevented from

operation, and, they the clerk and the overseers, if any, shall

then sign a certificate stating--(1) that the machine has been

locked against voting and sealed; (2) the number, as shown on

the public counter; (3) the number on the seal which they have

placed upon the machine; (4) the number registered on the

protective counter or device; and (5) the number or other

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designation of the voting machine, which certificate shall be

returned by the judge of election to the county board with the

other certificates, as herein provided. The election officers

shall then compare the number, as shown by the public counter of

the machine, with the number of names written in the numbered

lists of voters, the district register and voting check list,

which shall then be placed in separate packages, containers or

envelopes and sealed.

Section 1227. Canvass and Return of Votes in Districts in

Which Voting Machines are Used.--(a) If the type of voting

machine provided shall require the counters to be seen in order

to enable the election officers to canvass the vote, the

election officers, in the presence of the watchers and all other

persons who may be lawfully within the polling place, shall then

make visible the registering counters, and, for that purpose,

shall unlock and open the doors, or other covering concealing

the same, giving full view of all the counter numbers. If the

voting machine is equipped with mechanism for printing paper

proof sheets, the election officers shall forthwith print not

less than four proof sheets, and as many more as may be

necessary to supply one to each member of the election board,

overseer, candidate, watcher, representative of a newspaper, and

other persons who may be lawfully present within the polling

place, requesting the same. The judge of election and the

minority inspector shall then, under the scrutiny of the

majority inspector of election, the clerk appointed by the

minority inspector, the overseers, if any, and the watchers, and

in the order of the offices as their titles are arranged on the

machine, read from the counters or from one of the proof sheets,

as the case may be, and announce, in distinct tones, the

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designation or designating number and letter on each counter for

each candidate's name, the result as shown by the counter

numbers, the votes recorded for each office for persons other

than nominated candidates, and the designation or designating

numbers and letters on each counter, and the results as shown by

the counter numbers for and against each question voted on. The

counters shall not be read consecutively along the party rows or

columns, but shall always be read along the office columns or

rows, completing the canvass for each office or question before

proceeding to the next.

(b) The vote as registered shall be entered by the election

officers, in ink, on duplicate return sheets, and also on a

general return sheet and statement, all of which, after the

canvass is completed, shall be signed by the election officers,

the clerk, and certified by the overseers, if any. If any

election officer, clerk or overseer shall refuse to sign or

certify the general or duplicate return sheets or statement, he

shall write his reasons therefor upon said sheets. The vote for

presidential electors shall be computed and returned as provided

hereinbefore in section 1215 of this act. If more than one

voting machine is used in any election district, the vote

registered on each machine shall be ascertained in like manner,

and separately entered in appropriate spaces on the general and

duplicate return sheets and statement. The total vote cast for

each candidate, and for and against each question, shall then be

computed and entered on the general and duplicate return sheets

and statement. There shall also be entered on the general return

sheet and statement the number of voters who have voted and in

primaries, the number of voters who voted in each party, as

shown by the numbered lists of voters, district register, and

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voting check list, and the number on each machine, as shown by

the public counters, and also the number registered on the

protective counter or device on each machine immediately prior

to the opening of the polls and immediately after the closing

thereof and sealing of the machine. The number or other

designation of each machine used shall also be entered thereon.

In the case of primary elections, duplicate return sheets shall

be prepared as for other elections. The registering counters of

the voting machine or the paper proof sheets, as the case may

be, shall remain exposed to view until the said returns, and all

other reports have been fully completed and checked by the

inspectors, clerk and overseers, if any. During such time, any

candidate, or duly accredited watcher, who may desire to be

present shall be admitted to the polling place.

be announced distinctly and audibly by the judge of election,

who shall read the name of each candidate, the designation or

designating numbers and letters of his counters, and the vote

registered on each counter, also the vote cast for and against

each question submitted. During such proclamation, ample

opportunity shall be given to any person lawfully present to

compare the results so announced with the counter dials of the

machine or with the paper proof sheets, as the case may be, and

any necessary corrections shall then and there be made by the

election officers, after which the doors or other cover of the

voting machine shall be closed and locked. Any ballots written,

deposited, or affixed, in or upon the voting machine, shall be

inclosed in properly sealed packages, and properly indorsed, and

shall be delivered by the judge of election as hereinafter

provided. The judge of election shall promptly deliver to the

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county board, or their duly authorized representative, the keys

of the voting machine, inclosed in a sealed envelope, if the

construction of the voting machine shall permit their separate

return. Said envelope shall have indorsed thereon a certificate

of the election officers, stating the number of the machine, the

election district where it has been used, the number on the

seal, and the number on the protective counter or device at the

close of the polls.

(d) The election officers, on the foregoing returns, shall

record any votes which have been cast for a person whose name is

not printed on the ballot labels, by means of an irregular

ballot, as defined herein. In returning any such votes which

have been written, deposited or affixed upon receptacles or

devices provided for the purpose, the election officers shall

record any such names exactly as they were written, deposited or

affixed.

Section 1228. Disposition of Returns; Posting; Return of

District Register and Voting Check List.--(a) The general

return sheet, duplicate return sheets, and statement, shall be

printed to conform to the type of voting machine used, and in

form approved by the Secretary of the Commonwealth. The

designating number and letter, if any, on the counter for each

candidate, shall be printed thereon opposite the candidate's

name: Provided, however, That it shall not be necessary to print

the name or designating counter number or letter of any

candidate for any borough, township, ward, or election district

office. Immediately after the vote has been ascertained, the

statement thereof shall be posted on the door of the polling

place. The minority inspector shall retain one of said duplicate

return sheets, one numbered list of voters, sealed as aforesaid,

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and one set of oaths of election officers and carefully preserve

the same for a period of at least one year. The other duplicate

return sheet, numbered list of voters, oaths of election

officers, and affidavits of voters and others, shall be sealed

up and given to the judge of election, who shall deliver them,

together with the general return sheet and the package of

ballots deposited, written or affixed in or upon the voting

machine, to the county board. If the type of voting machine is

equipped with mechanism for printing paper proof sheets, one of

said proof sheets shall be posted on the door of the polling

place with the statement aforesaid; one shall be retained by the

minority inspector; one shall be placed in the envelope and

delivered with the general return sheet; and one shall be sealed

in the envelope with the duplicate return sheets and delivered

by the judge of election to the county board. The printed proof

sheet returned with the general return sheet, and the printed

proof sheet returned with the duplicate return sheet, shall each

be part of the return of the election. The judge of elections

shall return to the county board by two o'clock A. M. on the day

following the election envelopes; supplies, including all uncast

provisional ballots; and returns, including all provisional

ballots and absentee ballots cast in the election district.

(b) Immediately upon completion of the count and tabulation

of the vote cast, the district register and the voting check

list shall be locked and sealed, and returned forthwith by the

judge of election to the custody of the proper registration

commission. In cities of the first class, the registration

commission shall designate police stations at which it will

accept such custody.

Section 1229. Conduct of Special Elections; Returns.--Every

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special election on a proposed constitutional amendment or other

question, to be voted on by the [electors] voters of the State

at large, or by the [electors] voters of any political district,

shall be held and conducted in all respects in accordance with

the provisions of this act relating to November elections, and

the provisions of this act relating to November elections shall

apply thereto, in so far as applicable, and not inconsistent

with any other provisions of this act. All such special

elections shall be conducted by the election officers and

clerks, by the use of the same equipment and facilities, so far

as practicable, as are used for such November elections. The

returns of special elections, unless otherwise provided by law,

shall be prepared and returned in like manner as returns from

November elections, and shall be canvassed and computed as

herein provided.

Section 1230. Removal and Storage of Voting Machines.--As

soon as possible after the completion of the count in districts

in which voting machines are used, the county board shall have

the voting machines properly boxed, and removed to the place of

storage provided for in this act. The voting machines shall

remain locked against voting for the period of twenty days next

following each primary and election, and as much longer as may

be necessary or advisable because of any existing or threatened

contest over the result of the primary or election, with due

regard for the date of the next following election or primary,

except that they may be opened and all the data and figures

therein examined under the provisions of this act, by order of

any court of competent jurisdiction, or judge thereof, or by

direction of any legislative committee to investigate and report

upon contested primaries or elections affected by the use of

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such machines, and such data and such figures shall be examined

by such committee in the presence of the officer having the

custody of such machines.

ARTICLE XIII

Voting By Qualified Absentee [Electors] Voters

Section 1301. Qualified Absentee [Electors] Voters.--The

following persons shall be entitled to vote by an official

absentee ballot in any primary or election held in this

Commonwealth in the manner hereinafter provided:

(a) Any qualified [elector] voter who is or who may be in

the military service of the United States regardless of whether

at the time of voting he is present in the election district of

his residence or is within or without this Commonwealth and

regardless of whether he is registered or enrolled; or

(b) Any qualified [elector] voter who is a spouse or

dependent residing with or accompanying a person in the military

service of the United States if at the time of voting such

spouse or dependent is absent from the municipality of his

residence: Provided, however, That the said [elector] voter has

been registered or enrolled according to law or is entitled,

under provisions of the Permanent Registration Law as now or

hereinafter enacted by the General Assembly, to absentee

registration prior to or concurrently with the time of voting;

the service of the Merchant Marine of the United States if at

the time of voting he is absent from the municipality of his

residence: Provided, however, That the said [elector] voter has

been registered or enrolled according to law or is entitled,

under provisions of the Permanent Registration Law as now or

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hereinafter enacted by the General Assembly, to absentee

registration prior to or concurrently with the time of voting;

(d) Any qualified [elector] voter who is a spouse or

dependent residing with or accompanying a person who is in the

service of the Merchant Marine of the United States if at the

time of voting such spouse or dependent is absent from the

municipality of his residence: Provided, however, That the said

[elector] voter has been registered or enrolled according to law

or is entitled, under provisions of the Permanent Registration

Law as now or hereinafter enacted by the General Assembly, to

absentee registration prior to or concurrently with the time of

voting; or

(e) Any qualified [elector] voter who is or who may be in a

religious or welfare group officially attached to and serving

with the armed forces if at the time of voting he is absent from

the municipality of his residence: Provided, however, That the

said [elector] voter has been registered or enrolled according

to law or is entitled, under provisions of the Permanent

Registration Law as now or hereinafter enacted by the General

Assembly, to absentee registration prior to or concurrently with

the time of voting; or

(f) Any qualified [elector] voter who is a spouse or

dependent residing with or accompanying a person in a religious

or welfare group officially attached to and serving with the

armed forces if at the time of voting such spouse or dependent

is absent from the municipality of his residence: Provided,

however, That the said [elector] voter has been registered or

enrolled according to law or is entitled, under provisions of

the Permanent Registration Law as now or hereinafter enacted by

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the General Assembly, to absentee registration prior to or

concurrently with the time of voting; or

(g) Any qualified [elector] voter who expects to be or is

outside the territorial limits of the several States of the

United States and the District of Columbia because his duties,

occupation or business require him to be elsewhere during the

entire period the polls are open for voting on the day of any

primary or election or who is or who may be a civilian employee

of the United States outside the territorial limits of the

several States of the United States and the District of

Columbia, whether or not such [elector] voter is subject to

civil-service laws and the Classification Act of 1949 and

whether or not paid from funds appropriated by the Congress, if

at the time of voting he is absent from the municipality of his

residence: Provided, however, That said [elector] voter has been

registered or enrolled according to law or is entitled, under

provisions of the Permanent Registration Law as now or

hereinafter enacted by the General Assembly, to absentee

registration prior to or concurrently with the time of voting;

(h) Any qualified [elector] voter who is a spouse or

dependent residing with or accompanying a person who expects to

be or is outside the territorial limits of the several States of

the United States and the District of Columbia because his

duties, occupation or business require him to be elsewhere

during the entire period the polls are open for voting on the

day of any primary or election or who is a spouse or dependent

residing with or accompanying a person who is a civilian

employee of the United States outside the territorial limits of

the several States of the United States and the District of

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Columbia, whether or not such person is subject to civil-service

laws and the Classification Act of 1949 and whether or not paid

from funds appropriated by the Congress, if at the time of

voting such spouse or dependent is absent from the municipality

of his residence: Provided, however, That the said [elector]

voter has been registered or enrolled according to law or is

entitled, under provisions of the Permanent Registration Law as

now or hereinafter enacted by the General Assembly, to absentee

registration prior to or concurrently with the time of voting;

(i) Any qualified war veteran [elector] voter who is

bedridden or hospitalized due to illness or physical disability

if he is absent from the municipality of his residence and

unable to attend his polling place because of such illness or

physical disability regardless of whether he is registered and

enrolled; or

(j) Any qualified registered and enrolled [elector] voter

who expects to be or is absent from the municipality of his

residence because his duties, occupation or business require him

to be elsewhere during the entire period the polls are open for

voting on the day of any primary or election; or

(k) Any qualified registered and enrolled [elector] voter

who because of illness or physical disability is unable to

attend his polling place or operate a voting machine and secure

assistance by distinct and audible statement as required in

section 1218 of this act;

(l) Any qualified registered and enrolled [elector] voter

who is a spouse or dependent accompanying a person employed in

the service of this Commonwealth or in the service of the

Federal Government within the territorial limits of the several

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States of the United States and the District of Columbia in the

event the duties, profession or occupation of such person

require him to be absent from the municipality of his residence;

(m) Any qualified [elector] voter who is a county employe

who cannot vote due to duties on election day relating to the

conduct of the election; or

(n) Any qualified [elector] voter who will not attend a

polling place because of the observance of a religious holiday:

Provided, however, That the words "qualified absentee

[elector] voter" shall in nowise be construed to include persons

confined in a penal institution or a mental institution nor

shall it in anywise be construed to include a person not

otherwise qualified as a qualified [elector] voter in accordance

with the definition set forth in section 102(t) of this act.

Section 1302. Applications for Official Absentee Ballots.--

(a) Any qualified [elector] voter defined in preceding section

1301, subsections (a) to (h), inclusive, may apply at any time

before any primary or election for any official absentee ballot

in person, on any form supplied by the Federal Government, or on

any official county board of election form addressed to the

Secretary of the Commonwealth of Pennsylvania or the county

board of election of the county in which his voting residence is

located.

(b) The application shall contain the following information:

Home residence at the time of entrance into actual military

service or Federal employment, length of time a citizen, length

of residence in Pennsylvania, date of birth, length of time a

resident of voting district, voting district if known, party

choice in case of primary, name and, for a military [elector]

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voter, his stateside military address, FPO or APO number and

serial number. Any [elector] voter other than a military

[elector] voter shall in addition specify the nature of his

employment, the address to which ballot is to be sent,

relationship where necessary, and such other information as may

be determined and prescribed by the Secretary of the

Commonwealth. When such application is received by the Secretary

of the Commonwealth it shall be forwarded to the proper county

board of election.

defined in section 1301(a), (b), (c), (d), (e), (f), (g) and

(h), for an official absentee ballot in any primary or election

may not be made over the signature of any person, other than the

qualified [elector] voter or an adult member of his immediate

family, as required in the preceding subsection. A qualified

absentee military or overseas [elector] voter, as defined by the

Uniformed and Overseas Citizens Absentee Voting Act (Public Law

99-410, 100 Stat. 924), may submit his application for an

official absentee ballot by facsimile method if the original

application is received prior to the election by the county

election office. The absentee ballot of the qualified military

or overseas [elector] voter shall not be counted unless the

[elector's] voter's original application is received prior to

the election by the county election office. The facsimile method

shall not be acceptable for the official absentee ballot.

(d) The application of any qualified [elector] voter, as

defined in preceding section 1301, subsections (b) to (h),

inclusive, for an official absentee ballot in any primary or

election shall be signed by the applicant.

(e) Any qualified bedridden or hospitalized veteran absent

20170HB1208PN1416 - 194 -

from the municipality of his residence and unable to attend his

polling place because of such illness or physical disability,

regardless of whether he is registered or enrolled, may apply at

any time before any primary or election for an official absentee

ballot on any official county board of election form addressed

to the Secretary of the Commonwealth of Pennsylvania or the

county board of elections of the county in which his voting

residence is located.

The application shall contain the following information:

Residence at the time of becoming bedridden or hospitalized,

length of time a citizen, length of residence in Pennsylvania,

date of birth, length of time a resident in voting district,

voting district if known, party choice in case of primary, name

and address of present residence or hospital at which

hospitalized. When such application is received by the Secretary

of the Commonwealth, it shall be forwarded to the proper county

board of elections.

The application for an official absentee ballot for any

primary or election shall be made on information supplied over

the signature of the bedridden or hospitalized veteran as

required in the preceding subsection. Any qualified registered

[elector] voter, including a spouse or dependent referred to in

subsection (l) of section 1301, who expects to be or is absent

from the municipality of his residence because his duties,

occupation or business require him to be elsewhere on the day of

any primary or election and any qualified registered [elector]

voter who is unable to attend his polling place on the day of

any primary or election because of illness or physical

disability and any qualified registered bedridden or

hospitalized veteran in the county of residence, or in the case

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of a county employe who cannot vote due to duties on election

day relating to the conduct of the election, or in the case of a

person who will not attend a polling place because of the

observance of a religious holiday, may apply to the county board

of elections of the county in which his voting residence is

located for an Official Absentee Ballot. Such application shall

be made upon an official application form supplied by the county

board of elections. Such official application form shall be

determined and prescribed by the Secretary of the Commonwealth

of Pennsylvania.

(1) The application of any qualified registered [elector]

voter, including spouse or dependent referred to in subsection

(l) of section 1301, who expects to be or is absent from the

municipality of his residence because his duties, occupation or

business require him to be elsewhere on the day of any primary

or election, or in the case of a county employe who cannot vote

due to duties on election day relating to the conduct of the

election, or in the case of a person who will not attend a

polling place because of the observance of a religious holiday,

shall be signed by the applicant and shall include the surname

and given name or names of the applicant, proof of

identification, his occupation, date of birth, length of time a

resident in voting district, voting district if known, place of

residence, post office address to which ballot is to be mailed,

the reason for his absence, and such other information as shall

make clear to the county board of elections the applicant's

right to an official absentee ballot.

(2) The application of any qualified registered [elector]

voter who is unable to attend his polling place on the day of

any primary or election because of illness or physical

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disability and the application of any qualified registered

bedridden or hospitalized veteran in the county of residence

shall be signed by the applicant and shall include surname and

given name or names of the applicant, proof of identification,

his occupation, date of birth, residence at the time of becoming

bedridden or hospitalized, length of time a resident in voting

district, voting district if known, place of residence, post

office address to which ballot is to be mailed, and such other

information as shall make clear to the county board of elections

the applicant's right to an official ballot. In addition, the

application of such [electors] voters shall include a

declaration stating the nature of their disability or illness,

and the name, office address and office telephone number of

their attending physician: Provided, however, That in the event

any [elector] voter entitled to an absentee ballot under this

subsection be unable to sign his application because of illness

or physical disability, he shall be excused from signing upon

making a statement which shall be witnessed by one adult person

in substantially the following form: I hereby state that I am

unable to sign my application for an absentee ballot without

assistance because I am unable to write by reason of my illness

or physical disability. I have made or have received assistance

in making my mark in lieu of my signature.

.............................. ....................(Mark)

(Date)

.............................. ...........................

(Complete Address of Witness) (Signature of Witness)

(e.1) Any qualified registered [elector] voter, including

any qualified bedridden or hospitalized veteran, who is unable

because of illness or physical disability to attend his polling

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place on the day of any primary or election or operate a voting

machine and state distinctly and audibly that he is unable to do

so as required by section 1218 of this act may, with the

certification by his attending physician that he is permanently

disabled, and physically unable to attend the polls or operate a

voting machine and make the distinct and audible statement

required by section 1218 appended to the application

hereinbefore required, be placed on a permanently disabled

absentee ballot list file. An absentee ballot application shall

be mailed to every such person for each primary or election so

long as he does not lose his voting rights by failure to vote as

otherwise required by this act. Such person shall not be

required to file a physician's certificate of disability with

each application as required in subsection (e) of this section

but such person must submit a written statement asserting

continuing disability every four years in order to maintain his

eligibility to vote under the provisions of this subsection.

Should any such person lose his disability he shall inform the

county board of elections of the county of his residence.

(e.2) Notwithstanding the other provisions of this act any

qualified [elector] voter who expects to be or is absent from

the municipality of his residence because his duties, occupation

or business require him to be elsewhere on the day of any

election or a county employe who cannot vote due to duties on

election day relating to the conduct of the election or a person

who will not attend a polling place because of the observance of

a religious holiday may make an application for an absentee

ballot by mail by sending a letter to the county board of

elections in the county in which his voting residence is

located. The letter shall be signed by the applicant and contain

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his name, place of residence and proof of identification.

(f) The county chairman of each political party or the head

of each political body shall designate one representative from

his respective political party or body for each public

institution. The representatives so appointed shall, at the same

time on a date fixed by the county board of election visit every

public institution situate in the county for the purpose of

obtaining the names and addresses of public institution

residents who desire to receive applications for absentee

ballots and to act as an election board as provided in

subsection (g) of this section. The list of names and addresses

thus obtained shall then be submitted by said representatives to

the board which shall furnish applications individually to those

appearing in the written request. If the chairman or head of a

political party or body fails to appoint a representative within

fifteen days from written notice from the county board of

election, the county board of election shall appoint a

representative from the political party or body.

(g) The county board of election shall appoint teams of

three members for each public institution that shall go to the

public institutions and hold the election on the first Friday

prior to election day. Each member of the board shall appoint

one member on every team. After the votes are cast, the teams

shall collect the ballots and return them to the county board of

election where they shall be placed unopened in a secure, safe

and sealed container in the custody of the board until they

shall be distributed to the respective absentee voters' election

district as provided in section 1308 of this act where they

shall be counted with the other absentee ballots, if any.

(h) The county board of election shall number, in

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chronological order, the applications for an official absentee

ballot, which number shall likewise appear on the official

absentee ballot for the qualified [elector] voter. The numbers

shall appear legibly and in a conspicuous place but before the

ballots are distributed the number on the ballot shall be torn

off by the county board of election. This number information

shall be appropriately inserted and become a part of the

Registered Absentee Voters File and the Military, Veterans and

Emergency Civilian Absentee Voters File provided in section

1302.3 of this act.

(i) Application for official absentee ballots shall be on

forms prescribed by the Secretary of the Commonwealth. The

application shall state that a voter who receives an absentee

ballot pursuant to section 1301 and who, on election day, is

capable of voting at the appropriate polling place must void the

absentee ballot and vote in the normal manner at the appropriate

voting place. Such forms shall be made freely available to the

public at county board of elections, municipal buildings and at

such other locations designated by the secretary. No written

application or personal request shall be necessary to receive

the application forms. Copies of all completed applications for

official absentee ballots shall be retained by the county board

of elections.

(j) Notwithstanding the provisions of this section requiring

proof of identification, a qualified absentee [elector] voter

shall not be required to provide proof of identification if the

[elector] voter is entitled to vote by absentee ballot under the

Uniformed and Overseas Citizens Absentee Voting Act (Public Law

99-410, 100 Stat. 924) or by an alternative ballot under the

Voting Accessibility for the Elderly and Handicapped Act (Public

20170HB1208PN1416 - 200 -

Law 98-435, 98 Stat. 1678).

Section 1302.1. Date of Application for Absentee Ballot.--

(a) Except as provided in subsections (a.1) and (a.2),

applications for absentee ballots shall be received in the

office of the county board of elections not earlier than fifty

(50) days before the primary or election and not later than five

o'clock P.M. of the first Tuesday prior to the day of any

primary or election.

(a.1) Except as provided in subsection (a.2), in the event

any [elector] voter otherwise qualified who is so physically

disabled or ill on or before the first Tuesday prior to any

primary or election that he is unable to file his application or

who becomes physically disabled or ill after the first Tuesday

prior to any primary or election and is unable to appear at his

polling place or any [elector] voter otherwise qualified who

because of the conduct of his business, duties or occupation

will necessarily be absent from the municipality of his

residence on the day of the primary or election, which fact was

not and could not reasonably be known to said [elector] voter on

or before the first Tuesday prior to any primary or election,

the [elector] voter shall be entitled to an absentee ballot at

any time prior to five o'clock P.M. on the first Friday

preceding any primary or election upon execution of an Emergency

Application in such form prescribed by the Secretary of the

Commonwealth.

(a.2) In the event any [elector] voter otherwise qualified

who becomes so physically disabled or ill between five o'clock

P.M. on the first Friday preceding any primary or election and

eight o'clock P.M. on the day of any primary or election that he

is unable to appear at his polling place or any [elector] voter

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otherwise qualified who because of the conduct of his business,

duties or occupation will necessarily be absent from the

municipality of his residence on the day of the primary or

election, which fact was not and could not reasonably be known

to said [elector] voter prior to five o'clock P.M. on the first

Friday preceding any primary or election, the [elector] voter

shall be entitled to an absentee ballot if the [elector] voter

completes and files with the court of common pleas in the county

in which the [elector] voter is qualified to vote an Emergency

Application or a letter or other signed document, which includes

the same information as is provided on the Emergency

Application. Upon a determination that the [elector] voter is a

qualified absentee [elector] voter under section 1301, the judge

shall issue an absentee ballot to the [elector] voter. If the

[elector] voter is unable to appear in court to receive the

ballot, the judge shall give the [elector's] voter's absentee

ballot to an authorized representative of the [elector] voter

who is designated in writing by the [elector] voter. The

authorized representative shall deliver the absentee ballot to

the [elector] voter and return the completed absentee ballot,

sealed in the official absentee ballot envelopes, to the county

board of elections, who shall distribute the ballot, unopened,

to the absentee voter's election district. If the [elector]

voter is unable to appear in court or unable to obtain

assistance from an authorized representative, the judge shall

direct a deputy sheriff of the county to deliver the absentee

ballot to the [elector] voter if the [elector] voter is at a

physical location within the county and return the completed

absentee ballot, sealed in the official absentee ballot

envelopes, to the county board of elections, who shall

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distribute the ballots, unopened, to the absentee voter's

respective election district. If there is no authorized

representative and a deputy sheriff is unavailable to deliver an

absentee ballot under this section, the judge may direct a

constable to make such delivery in accordance with the

provisions of this section. In the case of an [elector] voter

who requires assistance in marking the [elector's] voter's

ballot, the [elector] voter shall designate in writing the

person who will assist in marking the ballot. Such person shall

be otherwise eligible to provide assistance to [electors] voters

eligible for assistance, and such person shall declare in

writing that assistance was rendered. Any person other than the

designee who shall render assistance in marking a ballot or any

person rendering assistance who shall fail to execute a

declaration shall be guilty of a violation of this act. No

absentee ballot under this subsection shall be counted which is

received in the office of the county board of elections later

than eight o'clock P.M. on the day of the primary or election.

(b) In the case of [an elector] a voter whose application

for an absentee ballot is received by the office of the county

board of elections earlier than fifty (50) days before the

primary or election, the application shall be held and processed

upon commencement of the fifty-day period.

disabled or ill on or before the first Tuesday prior to a

primary or election or becomes physically disabled or ill after

the first Tuesday prior to a primary or election, such Emergency

Application, letter or other signed document shall contain a

supporting affidavit from his attending physician stating that

due to physical disability or illness said [elector] voter was

20170HB1208PN1416 - 203 -

unable to apply for an absentee ballot on or before the first

Tuesday prior to the primary or election or became physically

disabled or ill after that period.

(d) In the case of [an elector] a voter who is necessarily

absent because of the conduct of his business, duties or

occupation under the unforeseen circumstances specified in

subsections (a.1) and (a.2), such Emergency Application, letter

or other signed document shall contain a supporting affidavit

from such [elector] voter stating that because of the conduct of

his business, duties or occupation said [elector] voter will

necessarily be absent from the municipality of his residence on

the day of the primary or election which fact was not and could

not reasonably be known to said [elector] voter on or before the

first Tuesday prior to the primary or election.

Section 1302.2. Approval of Application for Absentee

Ballot.--

(a) The county board of elections, upon receipt of any

application filed by a qualified [elector] voter not required to

be registered under preceding section 1301, shall ascertain from

the information on such application, district register or from

any other source that such applicant possesses all the

qualifications of a qualified [elector] voter other than being

registered or enrolled. If the board is satisfied that the

applicant is qualified to receive an official absentee ballot,

the application shall be marked approved such approval decision

shall be final and binding except that challenges may be made

only on the ground that the applicant did not possess

qualifications of an absentee [elector] voter. Such challenges

must be made to the county board of elections prior to 5:00

o'clock P.M. on the first Friday prior to the election. When so

20170HB1208PN1416 - 204 -

approved, the county board of elections shall cause the

applicant's name and residence (and at a primary, the party

enrollment) to be inserted in the Military, Veterans and

Emergency Civilians Absentee Voters File as provided in section

1302.3, subsection (b): Providing, however, That no application

of any qualified [elector] voter in military service shall be

rejected for failure to include on his application any

information if such information may be ascertained within a

reasonable time by the county board of elections.

(b) The county board of elections, upon receipt of any

application filed by a qualified [elector] voter who is

entitled, under the provisions of the Permanent Registration Law

as now or hereinafter enacted by the General Assembly, to

absentee registration prior to or concurrently with the time of

voting as provided under preceding section 1301, shall ascertain

from the information on such application or from any other

source that such applicant possesses all the qualifications of a

qualified [elector] voter. If the board is satisfied that the

applicant is entitled, under the provisions of the Permanent

Registration Law as now or hereinafter enacted by the General

Assembly, to absentee registration prior to or concurrently with

the time of voting and that the applicant is qualified to

receive an official absentee ballot, the application shall be

marked "approved." Such approval decision shall be final and

binding except that challenges may be made only on the ground

that the applicant did not possess the qualifications of an

absentee [elector] voter prior to or concurrently with the time

of voting. Such challenges must be made to the county board of

elections prior to 5:00 o'clock P.M. on the first Friday prior

to the election. When so approved, the county board of elections

20170HB1208PN1416 - 205 -

shall cause the applicant's name and residence (and at a

primary, the party enrollment) to be inserted in the Military,

Veterans and Emergency Civilian Absentee Voters File as provided

in section 1302.3 subsection (b).

application of a qualified [elector] voter required to be

registered under the provisions of preceding section 1301, shall

determine the qualifications of such applicant by verifying the

proof of identification and comparing the information set forth

on such application with the information contained on the

applicant's permanent registration card. If the board is

satisfied that the applicant is qualified to receive an official

absentee ballot, the application shall be marked "approved."

Such approval decision shall be final and binding, except that

challenges may be made only on the ground that the applicant did

not possess the qualifications of an absentee [elector] voter.

Such challenges must be made to the county board of elections

prior to 5:00 o'clock P.M. on the first Friday prior to the

election. When so approved, the registration commission shall

cause an absentee voter's temporary registration card to be

inserted in the district register on top of and along with the

permanent registration card. The absentee voter's temporary

registration card shall be in the color and form prescribed in

subsection (e) of this section:

Provided, however, That the duties of the county boards of

elections and the registration commissions with respect to the

insertion of the absentee voter's temporary registration card of

any [elector] voter from the district register as set forth in

section 1302.2 shall include only such applications and

emergency applications as are received on or before the first

20170HB1208PN1416 - 206 -

Tuesday prior to the primary or election. In all cases where

applications are received after the first Tuesday prior to the

primary or election and before five o'clock P. M. on the first

Friday prior to the primary or election, the county board of

elections shall determine the qualifications of such applicant

by verifying the proof of identification and comparing the

information set forth on such application with the information

contained on the applicant's duplicate registration card on file

in the General Register (also referred to as the Master File) in

the office of the Registration Commission and shall cause the

name and residence (and at primaries, the party enrollment) to

be inserted in the Military, Veterans and Emergency Civilian

Absentee Voters File as provided in section 1302.3, subsection

(b). In addition, the local district boards of elections shall,

upon canvassing the official absentee ballots under section

1308, examine the voting check list of the election district of

said [elector's] voter's residence and satisfy itself that such

[elector] voter did not cast any ballot other than the one

properly issued to him under his absentee ballot application. In

all cases where the examination of the local district board of

elections discloses that [an elector] a voter did vote a ballot

other than the one properly issued to him under the absentee

ballot application, the local district board of elections shall

thereupon cancel said absentee ballot and said [elector] voter

shall be subject to the penalties as hereinafter set forth.

(d) In the event that any application for an official

absentee ballot is not approved by the county board of

elections, the [elector] voter shall be notified immediately to

that effect with a statement by the county board of the reasons

for the disapproval. For those applicants whose proof of

20170HB1208PN1416 - 207 -

identification was not provided with the application or could

not be verified by the board, the board shall send notice to the

[elector] voter with the absentee ballot requiring the [elector]

voter to provide proof of identification with the absentee

ballot or the ballot will not be counted.

(e) The absentee voter's temporary registration card shall

be in duplicate and the same size as the permanent registration

card, in a different and contrasting color to the permanent

registration card and shall contain the absentee voter's name

and address and shall conspicuously contain the words "Absentee

Voter." Such card shall also contain the affidavit required by

subsection (b) of section 1306.

(f) Notwithstanding the provisions of this section, a

qualified absentee [elector] voter shall not be required to

provide proof of identification if the [elector] voter is

entitled to vote by absentee ballot under the Uniformed and

Overseas Citizens Absentee Voting Act (Public Law 99-410, 100

Stat. 924) or by an alternative ballot under the Voting

Accessibility for the Elderly and Handicapped Act (Public Law

98-435, 98 Stat. 1678).

Section 1302.3. Absentee [Electors] Voters Files and

Lists.--(a) The county board of elections shall maintain at its

office a file containing the duplicate absentee voter's

temporary registration cards of every registered [elector] voter

to whom an absentee ballot has been sent. Such duplicate

absentee voter's temporary registration cards shall be filed by

election districts and within each election district in exact

alphabetical order and indexed. The registration cards so filed

shall constitute the Registered Absentee Voters File for the

Primary or Election of (date of primary or election) and shall

20170HB1208PN1416 - 208 -

be kept on file for a period commencing the Tuesday prior to the

day of the primary or election until the day following the

primary or election or the day the county board of elections

certifies the returns of the primary or election, whichever date

is later. Such file shall be open to public inspection at all

times subject to reasonable safeguards, rules and regulations.

(b) The county board of elections shall post in a

conspicuous public place at its office a master list arranged in

alphabetical order by election districts setting forth the name

and residence, and at primaries, the party enrollment, of (1)

every military [elector] voter to whom an absentee ballot is

being sent, each such name to be prefixed with an "M"; (2) every

bedridden or hospitalized veteran outside the county of his

residence who is not registered and to whom an absentee ballot

is being sent, each such name to be prefixed with a "V"; and (3)

every registered [elector] voter who has filed his application

for an absentee ballot too late for the extraction of his

original registration card and to whom a ballot is being sent

and every qualified [elector] voter who has filed his

application for an absentee ballot and is entitled, under

provisions of the Permanent Registration Law as now or

hereinafter enacted by the General Assembly, to absentee

registration prior to or concurrently with the time of voting,

each such name to be prefixed with a "C." This list shall be

known as the Military, Veterans and Emergency Civilians Absentee

Voters File for the Primary or Election of (date of primary or

election) and shall be posted for a period commencing the

Tuesday prior to the day of the primary or election until the

day following the primary or election or the day on which the

county board of elections certifies the returns of the primary

20170HB1208PN1416 - 209 -

or election, whichever date is later. Such file shall be open to

public inspection at all times subject to reasonable safeguards,

rules and regulations. This posted list shall not contain any

military address or references to any military organization.

Upon written request, the county board shall furnish a copy of

such list to any candidate or party county chairman.

chief clerk shall prepare a list for each election district

showing the names and post office addresses of all voting

residents thereof to whom official absentee ballots shall have

been issued. Each such list shall be prepared in duplicate,

shall be headed "Persons in (give identity of election district)

to whom absentee ballots have been issued for the election of

(date of election)," and shall be signed by him not less than

four days preceding the election. He shall post the original of

each such list in a conspicuous place in the office of the

county election board and see that it is kept so posted until

the close of the polls on election day. He shall cause the

duplicate of each such list to be delivered to the judge of

election in the election district in the same manner and at the

same time as are provided in this act for the delivery of other

election supplies, and it shall be the duty of such judge of

election to post such duplicate list in a conspicuous place

within the polling place [of his district] and see that it is

kept so posted throughout the time that the polls are open. Upon

written request, he shall furnish a copy of such list to any

candidate or party county chairman.

Section 1303. Official Absentee Voters Ballots.--(a) In

districts in which ballots are used, the ballots for use by such

absentee [electors] voters under the provisions of this act

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shall be the official ballots printed in accordance with

sections 1002 and 1003: Provided, however, That the county board

of elections when detaching the official ballots for absentee

[electors] voters shall be required to indicate on the stub of

each ballot so detached the name of the applicant to which that

precise ballot is being sent. The county board of elections

shall also be required to remove the numbered stub from each

such ballot and shall thereupon print, stamp or endorse in red

color upon such official ballots the words, Official Absentee

Ballot. Such ballots shall be distributed by such boards as

hereinafter provided.

(b) In districts in which voting machines are used and in

those districts in which paper ballots are used and the county

board of elections therein do not print official absentee

ballots in accordance with sections 1002 and 1003, the ballots

for use by such absentee [electors] voters under the provisions

of this act shall be prepared sufficiently in advance by the

county board of elections and shall be distributed by such

boards as hereinafter provided. Such ballots shall be marked

Official Absentee Ballot but shall not be numbered and shall

otherwise be in substantially the form for ballots required by

article ten of this act, which form shall be determined and

prescribed by the Secretary of the Commonwealth.

utilized, the absentee ballot may be in the form of a ballot

card which shall be clearly stamped on its face "Absentee

Ballot."

(d) In cases where there is not time to print on said

ballots the names of the various candidates, the county board of

elections shall print special write-in absentee ballots which

20170HB1208PN1416 - 211 -

shall be in substantially the form of other official absentee

ballots except that such special write-in absentee ballots shall

contain blank spaces only under the titles of such offices in

which [electors] voters may insert the names of the candidates

for whom they desire to vote, and in such cases the county board

of elections shall furnish to [electors] voters lists containing

the names of all the candidates named in nomination petitions or

who have been regularly nominated under the provisions of this

act, for the use of such [electors] voters in preparing their

ballots. Special write-in absentee ballots also shall include

all constitutional amendments and other questions to be voted on

by the [electors] voters.

(e) The official absentee voter ballot shall state that a

voter who receives an absentee ballot pursuant to section 1301

and who, on election day, is capable of voting at the

appropriate polling place must void the absentee ballot and vote

in the normal manner at the appropriate voting place.

Section 1304. Envelopes for Official Absentee Ballots.--

The county boards of election shall provide two additional

envelopes for each official absentee ballot of such size and

shape as shall be prescribed by the Secretary of the

Commonwealth, in order to permit the placing of one within the

other and both within the mailing envelope. On the smaller of

the two envelopes to be enclosed in the mailing envelope shall

be printed, stamped or endorsed the words "Official Absentee

Ballot," and nothing else. On the larger of the two envelopes,

to be enclosed within the mailing envelope, shall be printed the

form of the declaration of the [elector] voter, and the name and

address of the county board of election of the proper county.

The larger envelope shall also contain information indicating

20170HB1208PN1416 - 212 -

the local election district of the absentee voter. Said form of

declaration and envelope shall be as prescribed by the Secretary

of the Commonwealth and shall contain among other things a

statement of the [electors] voters qualifications, together with

a statement that such [elector] voter has not already voted in

such primary or election. The mailing envelope addressed to the

[elector] voter shall contain the two envelopes, the official

absentee ballot, lists of candidates, when authorized by section

1303 subsection (b) of this act, the uniform instructions in

form and substance as prescribed by the Secretary of the

Commonwealth and nothing else: Provided, however, That envelopes

for [electors] voters qualified under preceding section 1301,

subsections (a) to (h), inclusive, shall have printed across the

face of each transmittal or return envelope two parallel

horizontal red bars, each one-quarter inch wide, extending from

one side of the envelope to the other side, with an intervening

space of one-quarter inch, the top bar to be one and one-quarter

inches from the top of the envelope and with the words "Official

Election Balloting Material via Air Mail" between the bars; that

there be printed, in the upper right corner of each such

envelope in a box, the words "Free of U. S. Postage, Including

Air Mail;" that all printing on the face of each such envelope

be in red, and that there be printed in red, in the upper left

corner of each such envelope, the name and address of the county

board of elections of the proper county or blank lines for

return address of the sender:

Provided further, That the aforesaid envelope addressed to

the [elector] voter may contain absentee registration forms

where required, and shall contain detailed instructions on the

procedures to be observed in casting an absentee ballot as

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prescribed by the Secretary of the Commonwealth, together with

return envelope upon which is printed the name and address of

the registration commission of the proper county, which envelope

shall have printed across the face two parallel horizontal red

bars, each one-quarter inch wide, extending from one side of the

envelope to the other side, with an intervening space of one-

quarter inch, the top bar to be one and one-quarter inches from

the top of the envelope and with the words "Official Election

Balloting Material via Air Mail" between the bars; that there be

printed in the upper right corner of each such envelope in a box

the words "Free of U. S. Postage, Including Air Mail," and, in

the upper left corner of each such envelope, blank lines for

return address of the sender; that all printing on the face of

each such envelope be in red.

Section 1305. Delivering or Mailing Ballots.--

(a) The county board of elections upon receipt and approval

of an application filed by any [elector] voter qualified in

accordance with the provisions of section 1301, subsections (a)

to (h), inclusive, shall not later than fifty days prior to the

day of the primary or not later than seventy days prior to the

day of the election commence to deliver or mail to such

[elector] voter who has included with said application a

statement that he or she is unable to vote during the regular

absentee balloting period by reason of living or performing

military service in an extremely remote or isolated area of the

world, and not later than forty-five days prior to the day of

the primary or election commence to deliver or mail to all other

such [electors] voters as provided for in section 1301,

subsections (a) to (h), inclusive, official absentee ballots or

special write-in absentee ballots as prescribed by subsection

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(d) of section 1303 when official absentee ballots are not yet

printed; as additional applications of such [electors] voters

are received, the board shall deliver or mail official absentee

ballots or special write-in absentee ballots when official

absentee ballots are not yet printed to such additional

[electors] voters within forty-eight hours after approval of

their application. If the calling of a special election would

make it impossible to comply with the forty-five day delivery or

mailing requirement of this section, then the county board of

elections shall mail absentee ballots or special write-in

absentee ballots within five days of the county board's receipt

of the information necessary to prepare said ballots.

(b) The county board of elections upon receipt and approval

of an application filed by any [elector] voter qualified in

accordance with the provisions of section 1301, subsections (i)

to (l), inclusive, shall commence to deliver or mail official

absentee ballots on the second Tuesday prior to the primary or

election. For those applicants whose proof of identification was

not provided with the application or could not be verified by

the board, the board shall send the notice required under

section 1302.2(d) with the absentee ballot. As additional

applications are received and approved, the board shall deliver

or mail official absentee ballots to such additional [electors]

voters within forty-eight hours.

qualified absentee [elector] voter shall not be required to

provide proof of identification if the [elector] voter is

entitled to vote by absentee ballot under the Uniformed and

Overseas Citizens Absentee Voting Act (Public Law 99-410, 100

Stat. 924) or by an alternative ballot under the Voting

20170HB1208PN1416 - 215 -

Accessibility for the Elderly and Handicapped Act (Public Law

98-435, 98 Stat. 1678).

Section 1305.1. Notice to County Board of Elections.--(a)

At least fifty days prior to a primary, the Secretary of the

Commonwealth shall transmit to the county board of elections a

list of candidates who have filed a nominating petition with him

and who are not known to have withdrawn or been disqualified,

conforming, to the extent possible, with the requirements of

section 916.

(b) At least seventy days prior to an election, the

Secretary of the Commonwealth shall transmit to the county board

of elections a list, as he knows it to exist at that time, of

candidates to be voted on in the county at the election, as well

as a copy of all constitutional amendments and other questions

to be voted on at such election, together with a statement of

the form in which they are to be placed on the ballot,

conforming to the extent possible with the requirements of

section 984.

Section 1306. Voting by Absentee [Electors] Voters.--(a)

Except as provided in paragraphs (1), (2) and (3), at any time

after receiving an official absentee ballot, but on or before

five o'clock P.M. on the Friday prior to the primary or

election, the [elector] voter shall, in secret, proceed to mark

the ballot only in black lead pencil, indelible pencil or blue,

black or blue-black ink, in fountain pen or ball point pen, and

then fold the ballot, enclose and securely seal the same in the

envelope on which is printed, stamped or endorsed "Official

Absentee Ballot."

(1) Any [elector] voter who submits an Emergency Application

and receives an absentee ballot in accordance with section

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1302.1(a.2) or (c) shall mark the ballot on or before eight

o'clock P.M. on the day of the primary or election. This

envelope shall then be placed in the second one, on which is

printed the form of declaration of the [elector] voter, and the

address of the [elector's] voter's county board of election and

the local election district of the [elector] voter. The

[elector] voter shall then fill out, date and sign the

declaration printed on such envelope. Such envelope shall then

be securely sealed and the [elector] voter shall send same by

mail, postage prepaid, except where franked, or deliver it in

person to said county board of election.

(2) Any [elector] voter, spouse of the [elector] voter or

dependent of the [elector] voter, qualified in accordance with

the provisions of section 1301, subsections (e), (f), (g) and

(h) to vote by absentee ballot as herein provided, shall be

required to include on the form of declaration a supporting

declaration in form prescribed by the Secretary of the

Commonwealth, to be signed by the head of the department or

chief of division or bureau in which the [elector] voter is

employed, setting forth the identity of the [elector] voter,

spouse of the [elector] voter or dependent of the [elector]

voter.

(3) Any [elector] voter who has filed his application in

accordance with section 1302 subsection (e)(2), and is unable to

sign his declaration because of illness or physical disability,

shall be excused from signing upon making a declaration which

shall be witnessed by one adult person in substantially the

following form: I hereby declare that I am unable to sign my

declaration for voting my absentee ballot without assistance

because I am unable to write by reason of my illness or physical

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disability. I have made or received assistance in making my mark

in lieu of my signature.

.............................. .......................(Mark)

(Date)

.............................. .............................

(Complete Address of Witness) (Signature of Witness)

(b) In the event that any such [elector] voter, excepting

[an elector] a voter in military service or any [elector] voter

unable to go to his polling place because of illness or physical

disability, entitled to vote an official absentee ballot shall

be in the municipality of his residence on the day for holding

the primary or election for which the ballot was issued, or in

the event any such [elector] voter shall have recovered from his

illness or physical disability sufficiently to permit him to

present himself at the proper polling place for the purpose of

casting his ballot, such absentee ballot cast by such [elector]

voter shall, be declared void.

Any such [elector] voter referred to in this subsection, who

is within the municipality of his residence, must present

himself at his polling place and shall be permitted to vote upon

presenting himself at his regular polling place in the same

manner as he could have voted had he not received an absentee

ballot: Provided, That such [elector] voter has first presented

himself to the judge of elections in his local election district

and shall have signed the affidavit on the absentee voter's

temporary registration card, which affidavit shall be in

substantially the following form:

I hereby swear that I am a qualified registered [elector]

voter who has obtained an absentee ballot, however, I am present

in the municipality of my residence and physically able to

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present myself at my polling place and therefore request that my

absentee ballot be voided.

..............................

(Date)

.............................. .............................

(Local Judge of Elections) (Signature of [Elector]

Voter)

[An elector] A voter who has received an absentee ballot

under the emergency application provisions of section 1302.1,

and for whom, therefore, no temporary absentee voter's

registration card is in the district register, shall sign the

aforementioned affidavit in any case, which the local judge of

elections shall then cause to be inserted in the district

card.

Section 1306.1. Assistance in Voting by Certain Absentee

[Electors] Voters.--

Any [elector] voter qualified to vote an official absentee

ballot in accordance with the provisions of section 1301,

subsection (k), may receive assistance in voting (1) if there is

recorded on his registration card his declaration that he has a

physical disability which renders him unable to see or mark the

official absentee ballot, the exact nature of such disability

being recorded on such registration card; (2) if such [elector]

voter requiring assistance submits with his application for an

official absentee ballot, a statement setting forth the precise

nature of the disability which renders him unable to see or mark

the official absentee ballot and that to the best of his

knowledge and belief he will still suffer from the said physical

disability at the time of voting his official absentee ballot.

20170HB1208PN1416 - 219 -

He shall acknowledge the same before an officer qualified to

take acknowledgment of deeds. Such statement shall be in

substantially the following form:

Statement of Absentee [Elector] Voter Requiring Assistance

I, ............................................, hereby state

(Name of voter requiring assistance)

that I require assistance in marking the official absentee

ballot for the primary or election held ..................,

(Date)

19..., that will be issued to me for the following reason:

..........................................................

(Insert nature of disability)

...........................................

(Signature or mark of [elector] voter)

...................................

(Date of signature or mark)

Commonwealth of Pennsylvania:

County of ..................:

On this..........day of.........., 19...., before me,

...................., the undersigned officer personally

appeared......................., known to me (or satisfactorily

proven) to be the person whose signature or mark appears on the

within instrument and acknowledged the same for the purposes

therein contained.

In witness whereof, I have hereunto set my hand and official

seal

.........................

(Title of Officer)

Upon receipt of the official absentee ballot, such [elector]

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voter requiring assistance may select a person to assist him in

voting, such assistance to be rendered in secret: Provided,

however, That the person rendering assistance may not be the

[elector's] voter's employer or an agent of the employer or an

officer or agent of the [elector's] voter's union. The person

rendering the assistance in voting shall complete, date and sign

the declaration in such form approved by the Secretary of the

Commonwealth, or substantially in the form as set forth below,

that the person has caused the [elector's] voter's ballot to be

marked in accordance with such [elector's] voter's desires and

instruction. Such declaration form shall be returned to the

county board of elections in the mailing envelope addressed to

the county board of elections within which the small "official

absentee ballot" is returned.

Declaration of Person Rendering Assistance

I, ..........................................,

(Name of Person rendering assistance)

hereby declare that I have witnessed the aforesaid [elector's]

voter's signature or mark and that I have caused the aforesaid

[elector's] voter's ballot to be marked in accordance with the

desires and instructions of the aforesaid [elector] voter.

...............................................

(Signature of Person Rendering Assistance)

...............................................

(Address)

Section 1307. Certain [Electors] Voters Voting in Districts

of Residence.--

(a) Whenever any qualified [elector] voter in actual

military service is present in his voting district of residence

on any primary, special, municipal or general election day and

20170HB1208PN1416 - 221 -

has not already voted in such election, he may apply in person

at the office of the county board of election of the county of

his residence and he shall then and there execute his

application for an official absentee ballot.

(b) Each such application shall be in the form and shall

contain the information required by this act together with a

statement by the applicant that he has not already voted in the

election.

The county board of elections shall ascertain from the

information on such application or from any other source that

such applicant possesses all the qualifications of a qualified

[elector] voter other than being registered or enrolled. If the

board is satisfied that the applicant is qualified to receive an

official absentee ballot, the application shall be marked

"Approved," subject to the limitations set out in section 1302.2

of this act. When so approved, the county board of elections

shall cause the applicant's name and residence (and at

primaries, the party enrollment) to be inserted in the

"Military, Veterans and Emergency Civilian Absentee Voters File"

as provided in section 1302.3 subsection (b).

therefor, he shall, in secret, in the office of the county board

of elections vote the ballot and execute the declaration as

prescribed by this act. The [elector] voter shall then securely

seal the second envelope and hand it to the chief clerk of the

county board of election who shall securely keep same in

accordance with the provisions of section 1308.

Section 1308. Canvassing of Official Absentee Ballots.--(a)

The county boards of election, upon receipt of official absentee

ballots in such envelopes, shall safely keep the same in sealed

20170HB1208PN1416 - 222 -

or locked containers until they distribute same to the

appropriate local election districts in a manner prescribed by

the Secretary of the Commonwealth.

Except as provided in section 1302.1(a.2), the county board

of elections shall then distribute the absentee ballots,

unopened, to the absentee voter's respective election district

concurrently with the distribution of the other election

supplies. Absentee ballots shall be canvassed immediately and

continuously without interruption until completed after the

close of the polls on the day of the election in each election

district. The results of the canvass of the absentee ballots

shall then be included in and returned to the county board with

the returns of that district. Except as provided in section

1302.1(a.2) and subsection (g), no absentee ballot shall be

counted which is received in the office of the county board of

election later than five o'clock P.M. on the Friday immediately

preceding the primary or November election.

(b) Watchers shall be permitted to be present when the

envelopes containing official absentee ballots are opened and

when such ballots are counted and recorded.

(b.1) In all election districts in which electronic voting

systems are used, absentee ballots shall be opened at the

election district, checked for write-in votes in accordance with

section 1113-A and then either hand-counted or counted by means

of the automatic tabulation equipment, whatever the case may be.

(d) Whenever it shall appear by due proof that any absentee

[elector] voter who has returned his ballot in accordance with

the provisions of this act has died prior to the opening of the

polls on the day of the primary or election, the ballot of such

deceased [elector] voter shall be rejected by the canvassers but

20170HB1208PN1416 - 223 -

the counting of the ballot of [an elector] a voter thus deceased

shall not of itself invalidate any nomination or election.

(e) At such time the local election board shall then further

examine the declaration on each envelope not so set aside and

shall compare the information thereon with that contained in the

"Registered Absentee Voters File," the absentee voters' list and

the "Military Veterans and Emergency Civilians Absentee Voters

File." If the local election board is satisfied that the

declaration is sufficient and the information contained in the

"Registered Absentee Voters File," the absentee voters' list and

the "Military Veterans and Emergency Civilians Absentee Voters

File" verifies his right to vote, the local election board shall

announce the name of the [elector] voter and shall give any

watcher present an opportunity to challenge any absentee

[elector] voter upon the ground or grounds (1) that the absentee

[elector] voter is not a qualified [elector] voter; or (2) that

the absentee [elector] voter was within the municipality of his

residence on the day of the primary or election during the

period the polls were open, except where he was in military

service or except in the case where his ballot was obtained for

the reason that he was unable to appear personally at the

polling place because of illness or physical disability; or (3)

that the absentee [elector] voter was able to appear personally

at the polling place on the day of the primary or election

during the period the polls were open in the case his ballot was

obtained for the reason that he was unable to appear personally

at the polling place because of illness or physical disability.

Upon challenge of any absentee [elector] voter, as set forth

herein the local election board shall mark "challenged" on the

envelope together with the reason or reasons therefor, and the

20170HB1208PN1416 - 224 -

same shall be set aside for return to the county board unopened

pending decision by the county board and shall not be counted.

All absentee ballots not challenged for any of the reasons

provided herein shall be counted and included with the general

return of paper ballots or voting machines, as the case may be

as follows. Thereupon, the local election board shall open the

envelope of every unchallenged absentee [elector] voter in such

manner as not to destroy the declaration executed thereon. All

of such envelopes on which are printed, stamped or endorsed the

words "Official Absentee Ballot" shall be placed in one or more

depositories at one time and said depository or depositories

well shaken and the envelopes mixed before any envelope is taken

therefrom. If any of these envelopes shall contain any

extraneous marks or identifying symbols other than the words

"Official Absentee Ballot," the envelopes and the ballots

contained therein shall be set aside and declared void. The

local election board shall then break the seals of such

envelopes, remove the ballots and record the votes in the same

manner as district election officers are required to record

votes. With respect to the challenged ballots, they shall be

returned to the county board with the returns of the local

election district where they shall be placed unopened in a

secure, safe and sealed container in the custody of the county

board until it shall fix a time and place for a formal hearing

of all such challenges and notice shall be given where possible

to all absentee [electors] voters thus challenged and to every

attorney, watcher or candidate who made such challenge. The time

for the hearing shall not be later than seven (7) days after the

date of said challenge. On the day fixed for said hearing, the

county board shall proceed without delay to hear said challenges

20170HB1208PN1416 - 225 -

and, in hearing the testimony, the county board shall not be

bound by technical rules of evidence. The testimony presented

shall be stenographically recorded and made part of the record

of the hearing. The decision of the county board in upholding or

dismissing any challenge may be reviewed by the court of common

pleas of the county upon a petition filed by any person

aggrieved by the decision of the county board. Such appeal shall

be taken, within two (2) days after such decision shall have

been made, whether reduced to writing or not, to the court of

common pleas setting forth the objections to the county board's

decision and praying for an order reversing same. Pending the

final determination of all appeals, the county board shall

suspend any action in canvassing and computing all challenged

ballots irrespective of whether or not appeal was taken from the

county board's decision. Upon completion of the computation of

the returns of the county, the votes cast upon the challenged

official absentee ballots shall be added to the other votes cast

within the county.

(f) Any person challenging an application for an absentee

ballot or an absentee ballot for any of the reasons provided in

this act shall deposit the sum of ten dollars ($10.00) in cash

with the local election board, in cases of challenges made to

the local election board and with the county board in cases of

challenges made to the county board for which he shall be issued

a receipt for each challenge made, which sum shall only be

refunded if the challenge is sustained or if the challenge is

withdrawn within five (5) days after the primary or election. If

the challenge is dismissed by any lawful order then the deposit

shall be forfeited. All deposit money received by the local

election board shall be turned over to the county board

20170HB1208PN1416 - 226 -

simultaneously with the return of the challenged ballots. The

county board shall deposit all deposit money in the general fund

of the county.

Notice of the requirements of subsection (b) of section 1306

shall be printed on the envelope for the absentee ballot.

(g) (1) An absentee ballot cast by any absentee [elector]

voter as defined in section 1301(a), (b), (c), (d), (e), (f),

(g) and (h) which is received in the office of the county board

of elections after five o'clock P.M. on the Friday immediately

preceding the election and no later than five o'clock P.M. on

the seventh day following an election shall be canvassed in

accordance with this subsection if the absentee ballot is

postmarked no later than the day immediately preceding the

election.

(2) The county board of elections shall meet on the eighth

day following the election to canvass the absentee ballots

received under this subsection and subsection (h)(2). One

authorized representative of each candidate in an election and

one representative from each political party shall be permitted

to remain in the room in which the absentee ballots are

canvassed. Representatives shall be permitted to challenge any

absentee [elector] voter in accordance with the provisions of

paragraph (3).

(3) When the county board meets to canvass absentee ballots

under paragraph (2), the board shall examine the declaration on

the envelope of each ballot not set aside under subsection (d)

and shall compare the information thereon with that contained in

the "Registered Absentee Voters File," the absentee voters' list

and/or the "Military Veterans and Emergency Civilians Absentee

Voters File," whichever is applicable. If the county board has

20170HB1208PN1416 - 227 -

verified the proof of identification as required under this act

and is satisfied that the declaration is sufficient and the

information contained in the "Registered Absentee Voters File,"

the absentee voters' list and/or the "Military Veterans and

Emergency Civilians Absentee Voters File" verifies his right to

vote, the county board shall announce the name of the [elector]

voter and shall give any candidate representative or party

representative present an opportunity to challenge any absentee

[elector] voter upon the ground or grounds: (i) that the

absentee [elector] voter is not a qualified [elector] voter; or

(ii) that the absentee [elector] voter was within the

municipality of his residence on the day of the primary or

election during the period the polls were open, except where he

was in the military service or except in the case where his

ballot was obtained for the reason that he was unable to appear

personally at the polling place because of illness or physical

disability; or (iii) that the absentee [elector] voter was able

to appear personally at the polling place on the day of the

primary or election during the period the polls were open in the

case his ballot was obtained for the reason that he was unable

to appear personally at the polling place because of illness or

physical disability. Upon challenge of any absentee [elector]

voter, as set forth herein, the board shall mark "challenged" on

the envelope together with the reasons therefor, and the same

shall be set aside unopened pending final determination of the

challenge according to the procedure described in paragraph (5).

(4) All absentee ballots not challenged for any of the

reasons provided in paragraph (3) shall be counted and included

with the returns of the applicable election district as follows.

The county board shall open the envelope of every unchallenged

20170HB1208PN1416 - 228 -

absentee [elector] voter in such manner as not to destroy the

declaration executed thereon. If any of the envelopes on which

are printed, stamped or endorsed the words "Official Absentee

Ballot" contain any extraneous marks or identifying symbols, the

envelopes and the ballots contained therein shall be set aside

and declared void. The county board shall then break the seals

of such envelopes, remove the ballots and record the votes.

(5) With respect to the challenged ballots, they shall be

placed unopened in a secure, safe and sealed container in the

custody of the county board until it shall fix a time and place

for a formal hearing of all such challenges, and notice shall be

given where possible to all absentee [electors] voters thus

challenged and to every individual who made a challenge. The

time for the hearing shall not be later than five (5) days after

the date of the challenge. On the day fixed for said hearing,

the county board shall proceed without delay to hear said

challenges, and, in hearing the testimony, the county board

shall not be bound by the Pennsylvania Rules of Evidence. The

testimony presented shall be stenographically recorded and made

part of the record of the hearing.

(6) The decision of the county board in upholding or

dismissing any challenge may be reviewed by the court of common

pleas of the county upon a petition filed by any person

aggrieved by the decision of the county board. The appeal shall

be taken, within two (2) days after the decision was made,

whether the decision was reduced to writing or not, to the court

of common pleas setting forth the objections to the county

board's decision and praying for an order reversing the

decision.

(7) Pending the final determination of all appeals, the

20170HB1208PN1416 - 229 -

county board shall suspend any action in canvassing and

computing all challenged ballots received under this subsection

irrespective of whether or not appeal was taken from the county

board's decision. Upon completion of the computation of the

returns of the county, the votes cast upon the challenged

official absentee ballots that have been finally determined to

be valid shall be added to the other votes cast within the

county.

(h) For those absentee ballots for which proof of

identification has not been received or could not be verified:

(1) If the proof of identification is received and verified

by the county board of elections prior to the distribution of

the absentee ballots to the local election districts, then the

county shall distribute the absentee ballots for which proof of

identification is received and verified, along with the other

absentee ballots, to the absentee voter's respective election

district. If the county board of elections does not receive or

is not able to verify the proof of identification for an

[elector] voter prior to the absentee ballots' being sent to the

appropriate local election districts, the county board shall

keep the absentee ballot and follow the procedures set forth in

paragraph (2) or (3), whichever is applicable.

(2) If the proof of identification is received and verified

after the absentee ballots have been distributed to the

appropriate local election districts, but prior to the sixth

calendar day following the election, then the county board of

elections shall canvass the absentee ballots under this

subsection in accordance with subsection (g)(2), unless the

[elector] voter appeared to vote at the proper polling place for

the purpose of casting a ballot, then the absentee ballot cast

20170HB1208PN1416 - 230 -

by that [elector] voter shall be declared void.

(3) If [an elector] a voter fails to provide proof of

identification that can be verified by the county board of

elections by the sixth calendar day following the election, then

the absentee ballot shall not be counted.

(i) Notwithstanding the provisions of this section, a

qualified absentee [elector] voter shall not be required to

provide proof of identification if the [elector] voter is

entitled to vote by absentee ballot under the Uniformed and

Overseas Citizens Absentee Voting Act (Public Law 99-410, 100

Stat. 924) or by an alternative ballot under the Voting

Accessibility for the Elderly and Handicapped Act (Public Law

98-435, 98 Stat. 1678).

Section 1309. Public Records.--All official absentee

ballots, files, applications for such ballots and envelopes on

which the executed declarations appear, and all information and

lists are hereby designated and declared to be public records

and shall be safely kept for a period of two years, except that

no proof of identification shall be made public, nor shall

information concerning a military [elector] voter be made public

which is expressly forbidden by the Department of Defense

because of military security.

Section 1331. Violation of Provisions Relating to Absentee

Voting.--(a) Except as provided in subsection (b), any person

who shall violate any of the provisions of this act relating to

absentee voting shall, unless otherwise provided, be subject to

the penalties provided for in section 1850 of this act.

(b) Any person who knowingly assists another person who is

not a qualified absentee [elector] voter in filling out an

absentee ballot application or absentee ballot commits a

20170HB1208PN1416 - 231 -

misdemeanor of the third degree.

ARTICLE XIII-C

Statewide Uniform Registry of Electors Advisory Board

Section 1301-C. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of State of the Commonwealth.

"Secretary." The Secretary of the Commonwealth.

"Statewide Uniform Registry of Electors" or "SURE system."

The integrated voter registration system of all registered

[electors] voters in this Commonwealth established in 25 Pa.C.S.

Ch. 12 Subch. B (relating to Statewide Uniform Registry of

Electors (SURE)).

Section 1302-C. SURE System Advisory Board.

(a) Establishment.--The secretary shall form an advisory

board to confer with the department regarding the SURE system.

(b) Composition.--The advisory board shall be comprised of

six directors of elections who have been appointed as follows:

(1) Two directors by the Senate, one appointed by the

Minority Leader and one appointed by the President pro

tempore of the Senate.

(2) Two directors by the House of Representatives, one

appointed by the Minority Leader and one appointed by the

Speaker of the House of Representatives.

(3) Two directors appointed by the secretary.

advisory board shall be coterminous with the term of the

authority appointing that member.

ARTICLE XIV

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Returns of Primaries and Elections

Section 1401. Offices of County Boards to Remain Open During

Primaries and Elections and Until Completion of Count; Reports

and Returns to Be Made Public.--Each county board of elections

shall cause its office to remain open, in charge of one or more

members of the board, during the entire duration of each primary

and election, and after the close of the polls, until all the

ballot boxes and returns have been received in the office of the

county elections board, or received in such other place as has

been designated by the board.

Section 1402. Returns to Be Open to Public Inspection;

Exceptions.--(a) The general returns from the various districts

which have been returned unsealed shall be open to public

inspection at the office of the county board as soon as they are

received from the judges of election. None of the envelopes

sealed by election officers and entrusted to the judge of

election for delivery to the county board shall be opened by any

person, except by the order of the return board, or of the court

of common pleas.

(b) The county board shall submit returns received under

subsection (a) to the Department of State for each office for

which a candidate must file a nomination petition with the

Secretary of the Commonwealth by three o'clock A. M. on the day

following the election. The submission shall be by telephone,

facsimile or the World Wide Web site or by any other manner

required by the secretary.

Section 1403. Place of Meeting for Computation of Votes;

Notice; Papers to Be Prepared; Assistants to Be Sworn.--

(a) The county board of elections shall arrange for the

computation and canvassing of the returns of votes cast at each

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primary and election at its office or at some other convenient

public place at the county seat with adequate accommodations for

the watchers and attorneys authorized by this act to be present,

who shall be permitted to keep or check their own computation of

the votes cast in the several election districts as the returns

from the same are read, as hereinafter directed. The county

board shall give at least one week's previous notice by

newspaper publication, as provided by section 106 of this act,

of the time and place when and where the board will commence and

hold its sessions for the computation and canvassing of the

returns, and keep copies of such advertisement posted in its

office during said period. The county board shall also prepare a

sufficient number of blank forms of returns made out in proper

manner, and headed as the nature of the primary or election may

require, for making out full and fair statements of all votes

which shall have been cast within the county or any political

district therein, according to the returns from the several

election districts thereof, for any person voted for therein, or

upon any question voted upon therein. All the clerks of the

county board and other persons designated to assist in the

computation and canvassing of the votes shall be first sworn to

perform their duties impartially and not read, write, count or

certify any return or vote falsely or fraudulently.

(b) If any member of the county board of any county shall be

a candidate for any nomination or election to public office, he

shall not act as a member of said board for the computation and

canvassing of returns, but the other members, if qualified, and

if both such remaining members are not of the same political

party affiliation, shall act; and in case in any county there

are not at least a majority of the members of said board so

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qualified, two (2) or more judges of the court of common pleas

shall be designated by said court to act as a return board,

provided that neither of them is a candidate for any nomination

or election to public office; and if there shall be only one

judge of such court in such county or if less than two (2)

judges are qualified and able to act in such county, any judge

who is qualified may act alone, and if there be none qualified,

the following county officers, in order named, not being

candidates for any nomination or election to any public office,

shall act as the return board: the prothonotary, sheriff, county

treasurer, clerk of the orphans' court, clerk of oyer and

terminer and quarter sessions court, register of wills and the

recorder of deeds. If none of the above officers can qualify,

the president judge of the court of common pleas in such county

shall make a written request to the Chief Justice of the Supreme

Court for the assignment of a judge from another judicial

district, who shall act as the return board. The county

solicitor shall serve as counsel for the return board in the

several counties of the Commonwealth and shall receive no

additional compensation therefor in addition to his compensation

as county solicitor.

Section 1404. Computation of Returns by County Board;

Certification; Issuance of Certificates of Election.--

(a) The county board shall, at nine o'clock A. M. on the

third day following the primary or election, at its office or at

some other convenient public place at the county seat, of which

due notice shall have been given as provided by section 1403,

publicly commence the computation and canvassing of the returns,

and continue the same from day to day until completed, in the

manner hereinafter provided. For this purpose any county board

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may organize itself into sections, each of which may

simultaneously proceed with the computation and canvassing of

the returns from various districts of the county in the manner

provided by this section. Upon the completion of such

computation and canvassing, the board shall tabulate the figures

for the entire county and sign, announce and attest the same, as

required by this section.

(b) It shall be the duty of each board of registration

commissioners in each county, before the time fixed for the

county board to convene for purpose of computing and canvassing

returns of any primary or election, to certify to said county

board the total registration of each election district within

its jurisdiction, and the enrollment of each district by

political parties at primaries. The county board, before

computing the votes cast in any election district, shall compare

said registration and enrollment figures with the certificates

returned by the election officers showing the number of persons

who voted in each district or the number of ballots cast. If,

upon consideration by said return board of the returns before it

from any election district and the certificates aforesaid, it

shall appear that the total vote returned for any candidate or

candidates for the same office or nomination or on any question

exceeds the number of registered or enrolled [electors] voters

in said election district or exceeds the total number of persons

who voted in said election district or the total number of

ballots cast therein, or, if it shall appear that the total

number of partisan votes returned for any candidate or

candidates for the same office or nomination at any primary

exceeds the number of [electors] voters registered or enrolled

in said district as members of that political party, or exceeds

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the total number of persons belonging to that party who voted in

said district or the total number of ballots of that party cast

therein, in any such case, such excess shall be deemed a

discrepancy and palpable error, and shall be investigated by the

return board, and no votes shall be recorded from such district

until such investigation shall be had, and such excess shall

authorize--(a) the summoning of the election officers,

overseers, machine inspectors, and clerks to appear forthwith

with any election papers in their possession; (b) the production

of the ballot box before the return board, and the examination

and scrutiny of all of its contents, and all of the registration

and election documents whatever, relating to said district, in

the presence of representatives of each party and candidate

interested who are attending the canvass of such votes; and the

recount of the ballots contained in said ballot box, either

generally or respecting the particular office, nomination, or

question as to which the excess exists, in the discretion of the

return board; (c) the correction of the returns in accordance

with the result of said recount; (d) in the discretion of the

return board, the exclusion of the poll of that district, either

as to all offices, candidates, questions, and parties, or as to

any particular offices, candidates, questions, or parties as to

which said excess exists, if the ballot box be found to contain

more ballots than there are [electors] voters registered or

enrolled in said election district, or more ballots of one party

than there are [electors] voters registered or enrolled in said

district as members of that party, or more ballots than the

number of voters who voted at said election, or more ballots of

one party than the number of voters of that party who voted at

said election; (e) a report of the facts of the case to the

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district attorney where such action appears to be warranted.

extra official ballots printed under the provisions of section

1007 of this act. The general returns made by the election

officers from the various election districts shall then be read

one after another in the usual order, slowly and audibly, by one

of the clerks who shall, in each case of a return from a

district in which ballots were used, read therefrom the number

of ballots (in the case of primaries the number of ballots of

each party) issued, spoiled and cancelled, and cast,

respectively, whereupon the clerk having charge of the records

of the county board showing the number of ballots furnished for

each election district, including the number of extra official

ballots as provided by section 1007 of this act as so furnished,

and the number of stubs and unused ballots and spoiled and

cancelled ballots returned, shall publicly announce the number

of the same respectively, and unless it appears by said number

or calculations therefrom that said records, and the said

general return correspond, no further returns shall be read from

the latter until all discrepancies are explained to the

satisfaction of the county board. In the case of districts in

which voting machines are used, there shall be read from the

general return the identifying number or other designation of

each voting machine used, the numbers registered on the

protective counter or device on each machine prior to the

opening of the polls and immediately after close of the same,

whereupon the clerk having charge of the records of the county

board showing the number registered on the protective counter or

device of each voting machine prior to delivery at the polling

place, shall publicly announce the numbers so registered, and

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unless it appears that the said records, and the said general

return correspond, no further returns shall be read from the

latter until any and all discrepancies are explained to the

satisfaction of the county board.

(d) (1) In districts in which paper ballots have been used,

when the records agree with said returns regarding the number of

ballots and the number of votes recorded for each candidate (on

each party ticket at primaries), said votes for each candidate

shall be read by the clerk slowly, audibly, and in an orderly

manner from the general return which has been returned unsealed,

and the figures announced shall be compared by other clerks with

the general return which has been returned sealed. The figures

announced for all districts shall be compared by one of the

clerks with the tally papers from the respective districts. If

any discrepancies are discovered, the county board shall

thereupon examine all of the return sheets, tally papers and

other papers in its possession relating to the same election

district. If the tally papers and sealed general return sheet

agree, the unsealed general return shall be forthwith corrected

to conform thereto. But in every other case the county board

shall forthwith cause the ballot box of the district to be

opened and the vote therein to be recounted in the presence of

attorneys, watchers, and candidates interested, and if the

recount shall not be sufficient to correct the error, the county

board may summon the election officers and overseers, if any, to

appear forthwith with all election papers in their possession.

(2) In districts in which voting machines have been used,

when the records agree with the returns regarding the number

registered on the voting machine, the votes recorded for each

candidate shall be read by the clerk slowly, audibly, and in an

20170HB1208PN1416 - 239 -

orderly manner from the general return sheet which has been

returned unsealed, and the figures announced shall be compared

by other clerks with the duplicate return sheet which has been

returned sealed, and if the voting machine is of the type

equipped with mechanism for printing paper proof sheets, said

general and duplicate return sheets shall also be compared with

said proof sheets, which have been returned as aforesaid. If any

discrepancies are discovered, the county board shall thereupon

examine all of the return sheets, proof sheets and other papers

in its possession relating to the same election district. The

said proof sheets shall be deemed to be the primary evidence of

the result of the election and to be prima facie accurate, and

if the proper proof sheets properly identified, shall be

mutually consistent, and if the general and duplicate returns,

or either of them, from said district shall not correspond with

said proof sheets, they shall be corrected so as to correspond

with same, in the absence of allegation of specific fraud or

error, proved to the satisfaction of the county board.

(3) If any error or fraud is discovered, the county board

shall compute and certify the votes justly regardless of any

fraudulent or erroneous returns presented to it, and shall

report the facts to the district attorney of the proper county

for action.

(4) In districts where electronically tabulated ballots are

used in conjunction with central ballot tabulation, the return

board shall compare the number of persons voting as indicated on

the computer return sheets, with the number voting as indicated

on the sealed general return from the election district. In the

case of a discrepancy, the procedures specified for paper

ballots in subsection (d)(1) shall be followed.

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(5) In districts where ballots are tabulated at the election

district, the procedures specified for paper ballots in

subsection (d)(1) shall be followed.

(e) Provision for Recount or Recanvass of Vote.--Whenever it

shall appear that there is a discrepancy in the returns of any

election district, or, upon petition of three voters of any

district, verified by affidavit, that an error, although not

apparent on the face of the returns, has been committed therein,

or of its own motion or under subsection (g), the county board

shall at any time prior to the completion of the computation of

all of the returns for the county, summon the election officers

of the district, and said officers, in the presence of said

board, shall conduct a recount or recanvass of all ballots cast.

Before making such recount or recanvass, the said board shall

give notice in writing to the proper custodian of voting

machines, and to each candidate, and to the county chairman of

each party or political body, affected by the recount or

recanvass; and each such candidate may be present in person, or

by attorney, and each of such parties, or bodies, may send two

representatives to be present at such recount or recanvass.

(1) In a county in which an election district uses voting

machines, all of the following apply:

(i) The county board shall:

(A) make a record of the number of the seal upon the voting

machine and the number on the protective counter or other

device;

(B) make visible the registering counters of such machine;

and

the vote cast on the machine.

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(ii) If, upon such recanvass, it shall be found that the

original canvass of the returns has been correctly made from the

machine, and that the discrepancy still remains unaccounted for,

the said board, with the assistance of the custodian, in the

presence of the election officers and the authorized candidates

and representatives, shall unlock the voting and counting

mechanism of the machine, and shall proceed thoroughly to

examine and test the machine to determine and reveal the true

cause or causes, if any, of the discrepancy in returns from such

machine. Each counter shall be reset at zero (000) before it is

tested, after which it shall be operated at least one hundred

times. After the completion of such examination and test, the

custodian shall then and there prepare a statement, in writing,

giving in detail the result of the examination and test, and

such statement shall be witnessed by the persons present, and

shall be filed with the said board.

(iii) If, upon such recanvass, it shall appear that the

original canvass of the returns by the election officers was

incorrect, the said returns and all papers being prepared by the

said board shall be corrected accordingly: Provided, however,

That in the case of returns from any election district wherein

the election was held by the use of a voting machine equipped

with mechanism for printing paper proof sheets, said proof

sheets, if mutually consistent, shall be deemed to be the

primary evidence of the result of the election and to be prima

facie accurate, and there shall not be considered to be any

discrepancy or error in the returns from any such district, such

as to require a recanvass of the vote, if all available proof

sheets, from the voting machine used therein, identified to the

satisfaction of the return board and shown to its satisfaction

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to have been produced from proper custody, shall be mutually

consistent, and, if the general and duplicate returns, or either

of them, from said district shall not correspond with said proof

sheets, they, and all other papers being prepared by said return

board, shall be corrected so as to correspond with the same, in

the absence of allegation of specific fraud or error, proved to

the satisfaction of the return board by the weight of the

evidence, and only in such case shall the vote of said election

district be recanvassed under the provisions of this section.

(2) In a county in which an election district uses paper

ballots other than those used in conjunction with an electronic

voting system, all of the following apply:

(i) The county board shall, in the presence of the election

officers and the authorized candidates and representatives,

cause:

(A) the ballot box of each district to be opened and the

vote in the ballot box to be recounted; and

(B) the entire vote of the election district to be counted

correctly.

(ii) The county board may summon the election officers and

overseers to appear with all election papers in their possession

to assist in determining an accurate count or addressing errors

and omissions.

(3) In a county in which an election district uses an

electronic voting system utilizing paper ballots, all of the

following apply:

(i) The county board shall recount all ballots using manual,

mechanical or electronic devices of a different type used for

the specific election.

(ii) All ballots containing overvotes shall be counted

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manually.

(4) In a county in which an election district uses any other

type of electronic voting systems, the county board shall

conduct the recanvass similar to the procedure specified in

clause (1) for voting machines.

(f) As the returns from each election district are read,

computed and found to be correct or corrected as aforesaid, they

shall be recorded on the blanks prepared for the purpose until

all the returns from the various election districts which are

entitled to be counted shall have been duly recorded, when they

shall be added together, announced and attested by the clerks

who made and computed the entries respectively and signed by the

members of the county board. Returns under this subsection shall

be considered unofficial for five (5) days. The county board

shall submit the unofficial returns to the Secretary of the

Commonwealth by five o'clock P. M. on the Tuesday following the

election. The submission shall be as directed by the secretary

for public office which appears on the ballot in every election

district in this Commonwealth or for a ballot question which

appears on the ballot in every election district in this

Commonwealth. At the expiration of five (5) days after the

completion of the computation of votes, in case no petition for

a recount or recanvass has been filed in accordance with the

provisions of this act, or upon the completion of the recount or

recanvass if a petition therefor has been filed within five (5)

days after the completion of the computation of votes, the

county board shall certify the returns so computed in said

county in the manner required by this act, unless upon appeals

taken from any decision, the court of common pleas shall have

directed any returns to be revised, or unless in case of a

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recount, errors in the said returns shall have been found, in

which case said returns shall be revised, corrected and

certified accordingly. The county board shall thereupon, in the

case of elections, issue certificates of election to the

successful candidates for all county, city, borough, township,

ward, school district, poor district and election offices, and

local party offices to be filled by the votes of the [electors]

voters of said county, or of any part thereof.

(g) This subsection relates to recounts and recanvasses

ordered by the secretary.

(1) Except as set forth in subsection (h), the secretary

shall order a recount and recanvass to all county boards if the

unofficial returns prepared in accordance with subsection (f)

reflect any of the following:

(i) A candidate for a public office which appears on the

ballot in every election district in this Commonwealth was

defeated by one-half of a percent or less of the votes cast for

the office. This subclause includes a candidate for retention to

a Statewide judicial office.

(ii) A ballot question appearing on the ballot in every

election district in this Commonwealth was approved or rejected

by one-half of a percent or less of the votes cast on the

question.

(2) The secretary shall issue an order under clause (1) by

five o'clock P. M. of the second Thursday following the day of

the election.

(3) The secretary shall provide twenty-four (24) hours

notice of an order under clause (1) to each candidate and to the

county chairman of each party or political body affected by the

recount and recanvass. Notice shall be by press release, the

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World Wide Web site or other means.

(4) A candidate affected by the recount and recanvass may be

present, in person or by attorney, at the recount and recanvass.

A party or body affected by the recount and recanvass may send

two representatives to the recount and recanvass.

(5) The recount and recanvass shall:

(i) follow procedures specified in subsection (e);

(ii) be scheduled to be held by the third Wednesday

following the day of the election; and

(iii) be completed by noon on the following Tuesday.

(6) The results of the recount and recanvass shall be

submitted to the secretary by 12 o'clock noon on the day

following completion of the recount and recanvass.

(7) The secretary shall issue a press release and publish on

the World Wide Web site all results received from the county

boards of election.

(8) Following the completion of the recount and recanvass,

the Commonwealth shall pay to each county the sum specified in

sections 1701 and 1702. The amounts necessary to pay the

counties are hereby appropriated, upon approval of the Governor,

to the Department of State.

(h) A recount and recanvass shall not be ordered under

subsection (g)(1)(i) if the defeated candidate requests in

writing that a recount and recanvass not be made. A request

under this subsection must be made by 12 o'clock noon on the

second Wednesday following the election.

Section 1405. Manner of Computing Irregular Ballots.--The

county board, in computing the votes cast at any primary or

election, shall compute and certify votes cast on irregular

ballots exactly as such names were written, stamped, affixed to

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the ballot by sticker, or deposited or affixed in or on

receptacles for that purpose, and as they have been so returned

by the election officers. In the primary the Secretary of the

Commonwealth shall not certify the votes cast on irregular

ballots for any person for a National office including that of

the President of the United States, United States Senator and

Representative in Congress; or for any State office including

that of Governor and Lieutenant Governor, Auditor General, State

Treasurer, Senator and Representative in the General Assembly,

justices and judges of courts of record or for any party office

including that of delegate or alternate delegate to National

conventions and member of State committee unless the total

number of votes cast for said person is equal to or greater than

the number of signatures required on a nomination petition for

the particular office. In the primary the county board shall not

certify the votes cast on irregular ballots for any person for a

[justice of the peace] magisterial district judge, constable,

National, State, county, city, borough, town, township, ward,

school district, election or local party office unless the total

number of votes cast for said person is equal to or greater than

the number of signatures required on a nomination petition for

the particular office.

Section 1406. Petition to Establish Identity by Candidate

Nominated under Different Names; Cumulation Prohibited.--Any

person who has been nominated at a primary election by more than

one party for the same office under different names may, at any

time not later than five (5) days after the certification by the

county board of the votes cast at a primary election, present a

petition to the court of common pleas of the proper county,

praying for an order declaring such petitioner by his true name

20170HB1208PN1416 - 247 -

to be the person who was thus nominated by more than one party

under different names. If the court shall determine that the

different names so appearing on the returns of the primary

represent one and the same person, the court shall enter an

order finding said fact and directing the county board to revise

its return accordingly. No such order shall be entered by any

court, unless notice of the filing of said petition shall first

have been given to the county board, and to all the other

candidates who appear to have been nominated for the same

office, in such manner as the court may, by its order, direct,

which notice shall specify the time and place of the hearing on

said petition. Upon the filing of any such petition, said court

shall proceed to hear said matter without delay, having due

regard to the proximity of the ensuing election. Immediately

upon the entry of any order as aforesaid, a certified copy

thereof shall be served on the county board, which shall correct

and revise its returns accordingly. No candidate for public

office at any November election whose name, for any reason, is

printed more than once for the same office on any ballot at any

general, municipal or special election, shall be entitled to

have cumulated, either by the election officers, by the county

board, or by any court, the votes cast after such different

names.

Section 1407. Appeals to Court from Decisions of the County

Board.--

(a) Any person aggrieved by any order or decision of any

county board regarding the computation or canvassing of the

returns of any primary or election, or regarding any recount or

recanvass thereof under sections 1701, 1702 and 1703 of this

act, may appeal therefrom within two days after such order or

20170HB1208PN1416 - 248 -

decision shall have been made, whether then reduced to writing

or not, to the court specified in this subsection, setting forth

why he feels that an injustice has been done, and praying for

such order as will give him relief. If a recount or recanvass is

made under section 1404(g), the appeal must be made to

Commonwealth Court. Unless a recount or recanvass is made under

section 1404(g), the appeal must be made to the court of common

pleas of the proper county. Upon the payment to the prothonotary

of a fee for filing such appeal, a judge of the court shall fix

a time and place for hearing the matter in dispute within three

days thereafter, of which due notice shall be served, with a

copy of such appeal, by the appellant upon a member of the

county board whose action is complained of and upon every

attorney, watcher or candidate who opposed the contention of the

appellant before the county board, and upon any other person

that the judge shall direct, at least two days before the matter

shall be reviewed by the court. Proof of such notice or the

waiver thereof must be filed therein before any appeal is

sustained.

(b) The court on an appeal shall have full power and

authority to hear and determine all matters pertaining to any

fraud or error committed in any election district to which such

appeal relates, and to make such decree as right and justice may

require. Pending such appeal, the county board shall suspend any

official certification of the votes cast in such election

district. None of the orders or decisions of either the county

board or the court of common pleas on appeal shall be deemed a

final adjudication regarding the results of any primary or

election, so as to preclude any contest thereof. No appeal shall

be allowed or granted from any order or decree of the court of

20170HB1208PN1416 - 249 -

common pleas made in pursuance of this section. The court of

common pleas, upon any appeal under this section, may compel the

appellant or any opposing party, other than the county board, to

pay all the witness fees, if any, or other legal costs of the

hearing, which costs may be taxed by the prothonotary in the

usual manner.

Section 1408. Copy of Certified Returns to Be Filed; Copy to

Be Forwarded to the Secretary of the Commonwealth; Duplicate

Copies.--After the certification of the returns of any primary

or election, as provided by section 1404 of this act, the county

board shall retain in its office one copy of the returns so

certified. In the case of elections of presidential electors,

United States Senators, Representatives in Congress, Governor,

Lieutenant Governor, Auditor General, State Treasurer and

Secretary of Internal Affairs, Judges of the Supreme Court,

Judges of the Superior Court and judges of other courts of

record, including associate judges, senators and representatives

in the General Assembly, a separate certificate, showing totals

of the returns cast for each of such offices respectively, shall

also be forwarded by the county board to the Secretary of the

Commonwealth on forms furnished by the Secretary of the

Commonwealth.

Section 1409. Secretary of the Commonwealth to Tabulate,

Compute and Canvass Returns.--Upon receiving the certified

returns of any primary or election from the various county

boards, the Secretary of the Commonwealth shall forthwith

proceed to tabulate, compute and canvass the votes cast for all

candidates enumerated in section 1408, and upon all questions

voted for by the [electors] voters of the State at large, and

shall thereupon certify and file in his office the tabulation

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thereof.

Section 1410. Returns of Local Officers Voted for in Two or

More Counties; Certificates of Election; Returns of County and

Local Officers Commissioned by Governor to Be Transmitted to

Governor; Commissions; Contests.--

(a) In the case of any city, borough, township, ward, school

district, or poor district office, or of the submission of any

question to the [electors] voters, voted for or upon by the

[electors] voters of two or more counties or parts of counties,

the county election board, in each of the counties in which such

municipality is located, shall certify to the county board of

the county in which reside the majority of registered [electors]

voters of such city, borough, township, ward, school district or

poor district, the return of the vote cast for such officers or

upon such questions. After completing the tabulation of such

returns, the return board of said county shall issue

certificates of election to the successful candidates. In case

of any county, borough, city or township officer who is by law

required to be commissioned by the Governor, the said return

board shall also transmit a certified copy of such return to the

Secretary of the Commonwealth, who shall forthwith lay the

results of such election before the Governor.

(b) In case of the election of judge of a court of record,

prothonotary, clerk of the courts, recorder of deeds, register

of wills, or any other officer required by law to be

commissioned by the Governor in any of the several counties of

this Commonwealth, it shall be the duty of the county elections

board to transmit immediately to the Secretary of the

Commonwealth a certified copy of the returns for all such

offices. The Secretary of the Commonwealth shall forthwith lay

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the return so made before the Governor, and the Governor shall

issue a commission to any persons elected to said offices,

notwithstanding that the election of such person to any or

either of said offices may be contested in the manner provided

by this act.

tribunal having jurisdiction of a contested election, that the

person to whom said commission shall have been issued has not

been legally elected to the office for which he has been

commissioned, then a commission shall issue to the person who

shall appear to be legally elected to said office, the issuing

of which commission shall nullify and make void the commission

already issued, and all power and authority under said

commission first issued shall thereupon cease and determine.

Section 1411. Secretary of the Commonwealth to Certify Votes

of National Delegates and Members of State Committee.--Following

his tabulation of the returns received from each Spring primary,

the Secretary of the Commonwealth shall issue certificates of

election to the persons in each political party who have been

duly elected delegates or alternate delegates to the National

convention of each party, and to the persons in each party who

have been duly elected members of the National Committee or the

State committee of each party. In the case of delegates or

alternate delegates to a National party convention, the

certificates of election shall show the number of votes received

in the State or in the political district, as the case may be,

by each candidate of such delegate's or alternate delegate's

political party for nomination as President of the United

States. The Secretary of the Commonwealth shall also certify to

the State chairman of each party the votes cast for each

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candidate for the office of member of State committee of each

party.

Section 1412. Secretary of the Commonwealth to Certify

Presidential Votes by Congressional Districts.--The Secretary of

the Commonwealth, following his tabulation of the returns from

each such Spring primary held in years in which candidates for

President of the United States are to be nominated, shall

prepare a statement from the said returns, showing the total

number of votes cast in the State and in each congressional

district of the State for each political party for nomination as

President of the United States.

Section 1413. United States Senators, Representatives in

Congress; Certificates of Election; Returns.--Upon completing

the tabulation of any election for United States Senator or

Representative in Congress, the Secretary of the Commonwealth

shall lay the same before the Governor, who shall immediately

issue certificates of election under the seal of the

Commonwealth, duly signed by himself, and attested by the

Secretary of the Commonwealth, and deliver the same to the

candidates receiving the highest number of votes for the

respective offices. The Governor shall also transmit the returns

of such election to the President of the United States Senate,

in the case of the election of a United States Senator, and to

the Speaker of the House of Representatives of the United

States, in the case of the election of representatives in

Congress.

Section 1414. Members of the General Assembly; Certificates

of Election; Returns.--The Secretary of the Commonwealth shall

issue certificates of election to the persons elected members of

the Senate and House of Representatives of the Commonwealth, and

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between the hours of twelve noon and one P. M. on the first

Tuesday in January of each odd-numbered year, present before the

Senate and the House of Representatives the several returns of

the elections of members of the respective houses: Provided,

however, That if the General Assembly shall be convened in

extraordinary session during the month of December next

following their election, the said returns shall be presented as

aforesaid, on the first day of said extraordinary session. In

case of a special election occurring during a session of the

General Assembly, he shall present the returns thereof to the

proper house as soon as received and tabulated by him.

Section 1415. Governor and Other State Officers; Judges;

Certificates of Election; Commissions.--The Secretary of the

Commonwealth, at the first meeting of the General Assembly

following the election of a Governor, Lieutenant Governor,

Secretary of Internal Affairs, Auditor General or State

Treasurer, shall deliver to the President of the Senate the

returns of elections for all such offices, who shall open and

publish them in the presence of members of both houses of the

General Assembly. The person receiving the highest number of

votes for the respective offices shall be declared elected

thereto, and certificates of such elections shall be made and

filed with the Secretary of the Commonwealth. The Secretary of

the Commonwealth shall immediately lay before the Governor such

certificates of election, except the certificate of election of

Governor, whereupon the Governor shall issue a commission to

each person so elected. The Secretary of the Commonwealth shall

immediately after tabulating and computing the returns of each

election of Judge of every court, certify the result thereof to

the Governor, who shall immediately issue a commission to such

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person.

Section 1416. Presidential Electors; Certificates of Persons

Elected.--The Secretary of the Commonwealth, on receiving and

computing the returns of the election of presidential electors,

shall lay them before the Governor, who shall enumerate and

ascertain the number of votes given for each person so voted

for, and shall cause a certificate of election to be delivered

to each person so chosen.

Section 1417. Persons Receiving Highest Number of Votes to

Be Declared Elected.--Except as otherwise provided by law, the

persons receiving the highest number of votes for any office at

any election shall be declared elected to such office, up to the

number required by law to be elected thereto.

Section 1418. Tie Votes.--In the case of a tie vote not

otherwise provided for by law, the candidates receiving the tie

vote shall cast lots before the county board or the Secretary of

the Commonwealth, as the case may be, at 12 o'clock noon on the

third Friday after the election, and the one to whom the lot

shall fall shall be declared elected. In any case where the fact

of a tie vote is not authoritatively determined until after the

third Wednesday after the election, the time for casting lots

shall be 12 o'clock noon of the second day after the fact of

such tie vote is authoritatively determined. If any candidate or

candidates receiving a tie vote, fail to appear before twelve

o'clock noon of said day, the county board or the Secretary of

the Commonwealth, as the case may be, shall cast lots for him or

them. For the purpose of casting lots any candidate may appear

in person, or by proxy duly appointed in writing.

Section 9. Sections 1501, 1621(c), 1626(d), 1631, 1633(a)

and 1636(a) of the act are amended to read:

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Section 1501. Election of Presidential Electors.--At the

general election to be held in the year 1940, and every fourth

year thereafter, there shall be elected by the qualified

[electors] voters of the Commonwealth, persons to be known as

electors of President and Vice-President of the United States,

and referred to in this act as presidential electors, equal in

number to the whole number of senators and representatives to

which this State may be entitled in the Congress of the United

States.

Section 1621. Definitions.--As used in this article, the

following words have the following meanings:

* * *

special, municipal or general election at which candidates

appear on the ballot for nomination or election or at which

questions are to be voted on by the [electors] voters of this

Commonwealth.

* * *

Section 1626. Reporting by Candidate and Political

Committees and other Persons.--

* * *

(d) Pre-election reports by candidates for offices to be

voted for by the [electors] voters of the State at large and all

political committees, which have expended money for the purpose

of influencing the election of such candidate, shall be filed

not later than the sixth Tuesday before and the second Friday

before an election, provided that the initial pre-election

report shall be complete as of fifty (50) days prior to the

election and the subsequent pre-election report shall be

complete as of fifteen (15) days prior to the election. Pre-

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election reports by all other candidates and political

committees which have received contributions or made

expenditures for the purpose of influencing an election shall be

filed not later than the second Friday before an election,

provided that such report be complete as of fifteen (15) days

prior to the election.

* * *

Section 1631. Place of Filing.--

Any statement or report required by this article to be filed,

shall be done in the following manner:

(1) (i) Any candidate, individual, or committee required to

file a report concerning any candidate shall file that statement

or report in the office of the supervisor with whom the

candidate filed a nomination paper, nomination certificate,

nomination petitions or with the supervisor with whom the

candidate would have filed such if he had sought nomination in

that manner.

(ii) All candidates and political committees, authorized by

candidates and created solely for the purpose of influencing the

election of such candidates, who must file reports with the

Secretary of the Commonwealth, shall also file copies of their

reports in the county in which the candidate resides.

(2) (i) Any statement or report concerning an issue to be

voted on by the [electors] voters of the State at large shall be

filed with the Secretary of the Commonwealth.

(ii) Any statement or report concerning any other issue to

be voted on by the [electors] voters of this Commonwealth shall

be filed in the county wherein the [electors] voters reside.

(3) However, if any report of any political committee

concerns both candidates who file for nomination with the

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Secretary of the Commonwealth and candidates who file with a

county board of elections, then such report shall be filed with

the Secretary of the Commonwealth.

Section 1633. Contributions or Expenditures by National

Banks, Corporations or Unincorporated Associations.--(a) It is

unlawful for any National or State bank, or any corporation,

incorporated under the laws of this or any other state or any

foreign country or any unincorporated association, except those

corporations formed primarily for political purposes or as a

political committee, to make a contribution or expenditure in

connection with the election of any candidate or for any

political purpose whatever except in connection with any

question to be voted on by the [electors] voters of this

Commonwealth. Furthermore, it shall be unlawful for any

candidate, political committee, or other person to knowingly

accept or receive any contribution prohibited by this section,

or for any officer or any director of any corporation, bank, or

any unincorporated association to consent to any contribution or

expenditure by the corporation, bank or unincorporated

association, as the case may be, prohibited by this section.

* * *

Section 1636. Audit of Expense Accounts.--

(a) Within ninety (90) days after the last day for filing

any report and affidavit required by this act, any five (5)

[electors] voters of the Commonwealth or of the political

subdivision may present a petition to the court of common pleas

of the county in which is situated the office where such

original report has been filed or with the Commonwealth Court in

the case of original report filed with the Secretary of the

Commonwealth for an audit of such report. Thereupon the court

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shall direct the officer or board with whom such report has been

filed to certify the same to the court for audit and may, in its

discretion, require security to be entered for costs. The court

may, in its discretion, appoint an auditor to audit such report,

but the fees of such auditor shall be a reasonable sum per day

for each day actually engaged. The court or auditor shall fix a

day as early as may be convenient for the audit, at which time

the person by whom such report has been filed shall be required

to be present in person to vouch his report and to answer on

oath or affirmation all such relevant questions concerning the

same, as may be put to him by the petitioners or their counsel.

The auditor shall issue subpoenas to all parties whom the

petitioners or the filer of the report may require, to give

evidence concerning such report, and he shall determine, subject

to exception, all questions as to the admissibility of evidence,

and shall file a copy of the evidence with his findings. If upon

the audit, the court shall decide that the report was false in

any substantial manner, or that any expenses have been incurred

in contravention of this act, the costs of said audit shall be

paid by the filer of the report, otherwise the court shall make

such order as to payment of costs as shall be just in the

circumstances.

* * *

Section 10. Article XVII of the act is reenacted and amended

to read:

ARTICLE XVII

Recounts and Contests

(a) Recounts

Section 1701. Opening Ballot Boxes upon Petition of

[Electors] Voters Alleging Fraud or Error; Deposit or Bond.--(a)

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Except as set forth in subsection (a.1), the court of common

pleas, or a judge thereof, of the county in which any election

district is located in which ballots were used, shall open the

ballot box of such election district used at any general,

municipal, special or primary election held therein, and cause

the entire vote thereof to be correctly counted by persons

designated by such court or judge, if three qualified [electors]

voters of the election district shall file, as hereinafter

provided, a petition duly verified by them, alleging that upon

information which they consider reliable they believe that fraud

or error, although not manifest on the general return of votes

made therefrom, was committed in the computation of the votes

cast for all offices or for any particular office or offices in

such election district, or in the marking of the ballots, or

otherwise in connection with such ballots. It shall not be

necessary for the petitioners to specify in their petition the

particular act of fraud or error which they believe to have been

committed, nor to offer evidence to substantiate the allegations

of their petition.

(a.1) In cases resulting from a recount or recanvass order

by the Secretary of the Commonwealth under section 1404(g), all

of the following apply:

(1) Upon petition under clause (2), Commonwealth Court

shall:

(i) open the ballot box of each election district in which

ballots were used at a general, municipal, special or primary

election; and

(ii) cause the entire vote of the election district to be

correctly counted by persons designated by the court.

(2) To obtain relief under clause (1):

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(i) Three (3) qualified [electors] voters of a county must

file a verified petition alleging that, upon information which

they consider reliable, they believe that fraud or error,

although not manifest on the general return of votes, was

committed:

(A) in the computation of votes cast;

(B) in the marking of the ballots; or

(ii) It is not necessary for the petitioners to specify in

their petition the particular act of fraud or error which they

believe to have been committed nor to offer evidence to

substantiate the allegations of their petition.

(b) Every petition for the opening of a ballot box under the

provisions of this section shall be filed in the office of the

prothonotary of the proper county, accompanied by a deposit of

cash in the amount of fifty ($50.00) dollars, or by a bond

signed by the petitioners as principals and by a corporate

surety to be approved by the court, in the amount of one hundred

($100.00) dollars, conditioned upon the payment to the county

treasurer for the use of the county of the sum of fifty ($50.00)

dollars, in the event that, upon the opening of the ballot box,

it shall not appear that fraud or substantial error was

committed in the computation of the votes cast on the ballots

contained therein, or fraud in the marking of the ballots

contained therein, or otherwise in connection with such ballots.

this section, the court shall direct that notice of time and

place of proposed recount be given, either personally or by

registered mail, to each candidate for the office or offices

which are to be recounted by the order of the court, and each

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such candidate may be present at such recount, either in person

or by his attorney or by his duly authorized representative,

under such regulations as the court may prescribe.

(d) If, upon opening any such ballot box, it shall appear

that fraud or substantial error was committed in the computation

of the votes cast on the ballots contained therein, or fraud in

the marking of the ballots contained therein, or otherwise in

connection with such ballots, it shall be the duty of the court

to certify such fact to the prothonotary and thereupon the

prothonotary shall return to the petitioners the said sum of

fifty ($50.00) dollars, or if the petitioners shall have filed a

bond in lieu of cash, to mark said bond cancelled and notify the

petitioners that he has done so.

(e) If, upon opening any ballot box under the provisions of

this section, it shall not appear that fraud or substantial

error was committed in the computation of the votes cast on the

ballots contained therein, or fraud in the marking of the

ballots contained therein, or otherwise in connection with such

ballots, the persons upon whose petition such ballot box shall

have been opened shall forfeit to the county the sum of fifty

($50.00) dollars. If said petitioners shall have deposited the

said sum in cash with the prothonotary at the time of filing the

petition, the prothonotary, upon certification of the court that

fraud or substantial error was not discovered, shall pay said

sum deposited with him to the county treasurer; and if the

petitioners shall have filed with their petition a bond in the

sum of one hundred ($100.00) dollars, it shall be the duty of

the county treasurer forthwith to collect from the principals or

surety on said bond, the sum of fifty ($50.00) dollars, and

costs of suit, and for this purpose, he is hereby authorized to

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institute any necessary legal proceedings. When so collected,

the said sum of fifty ($50.00) dollars shall be paid over to the

county treasurer.

(f) Ballot boxes may be opened under the provisions of this

section at any time within four months after the date of the

general, municipal, special or primary election at which the

ballots therein shall have been cast.

Section 1702. Recanvassing Voting Machines upon Petition of

[Electors] Voters Alleging Fraud or Error.--(a) Judicial

proceedings shall be as follows:

(1) Except as set forth in clause (2), the court of common

pleas, or a judge thereof, of the county in which any election

district is located, shall make visible the registering counters

of the voting machine or machines used in such election district

at any primary or election, and without unlocking the machine

against voting, shall recanvass the vote cast therein, if three

qualified [electors] voters of the election district shall file

a petition, duly verified by them, alleging that, upon

information which they consider reliable, they believe that

fraud or error, although not manifest on the general return of

votes made therefrom, was committed in the canvassing of the

votes cast on such machine or machines. It shall not be

necessary for the petitioners to specify in their petition the

particular act of fraud or error they believe to have been

committed, nor to offer evidence to substantiate the allegations

of their petition.

(2) In cases resulting from a recount or recanvass ordered

by the Secretary of the Commonwealth under section 1404(g), all

of the following apply:

(i) Upon petition under subclause (ii), Commonwealth Court

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shall:

(A) make visible the registering counter of the voting

machine used;

(B) without unlocking the machine against voting, recanvass

the vote cast in the machine.

(ii) To obtain relief under subclause (i):

(A) Three qualified [electors] voters of the county must

file a verified petition alleging that, upon information which

they consider reliable, they believe that fraud or error,

although not manifest on the general return of votes, was

committed in the canvassing of the votes cast on the machine.

(B) It is not necessary for the petitioners to specify in

their petition the particular act of fraud or error they believe

to have been committed nor to offer evidence to substantiate the

allegations of the petition.

(a.1) Every petition for the recanvassing of votes cast in

the voting machine, or voting machines of an election district,

under the provisions of this section, shall be filed in the

office of the prothonotary of the proper county accompanied by a

deposit of cash in the amount of fifty ($50) dollars, or by a

bond signed by the petitioners as principals and by a corporate

surety to be approved by the court in the amount of one hundred

($100) dollars, conditioned upon the payment to the county

treasurer for the use of the county of the sum of fifty ($50)

dollars, in the event that upon the recanvassing of the votes

cast in a voting machine or voting machines, it does not appear

that fraud or substantial error was committed in the canvassing

of the votes cast on such machine or otherwise in connection

with such voting machines.

(b) Before the votes cast on any voting machine are

20170HB1208PN1416 - 264 -

recanvassed under the provisions of this section, the court

shall direct that notice of the time and place of the proposed

recanvass be given, either personally or by registered mail, to

each candidate whose name appears on the ballot labels, and each

such candidate may be present at such recanvass, either in

person or by his attorney, or by his duly authorized

representative, under such regulations as the court may

prescribe.

(b.1) If, upon the recanvassing of the votes in any voting

machine, it shall appear that fraud or substantial error was

committed in the computation of the votes cast on the voting

machine or otherwise in connection with such voting machine, it

shall be the duty of the court to certify such fact to the

prothonotary, and thereupon the prothonotary shall return to the

petitioners the said sum of fifty ($50) dollars, or if the

petitioners shall have filed a bond, in lieu of cash, to mark

said bond cancelled and notify the petitioners that he has done

so.

(b.2) If, upon the recanvassing of the votes in any voting

machine under the provisions of this section, it shall not

appear that fraud or substantial error was committed in the

computation of the votes cast in the voting machine or otherwise

in connection with such voting machine, the persons upon whose

petition such voting machine was recanvassed shall forfeit to

the county the sum of fifty ($50) dollars. If said petitioners

shall have deposited the said sum in cash with the prothonotary

at the time of filing the petition, the prothonotary, upon

certification of the court that fraud or substantial error or

otherwise in connection with such machine was not discovered,

shall pay said sum deposited with him to the county treasurer,

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and if the petitioners shall have filed with their petition a

bond in the sum of one hundred ($100) dollars, it shall be the

duty of the county treasurer forthwith to collect from the

principals or surety on said bond the sum of fifty ($50) dollars

and costs of suit, and for this purpose he is hereby authorized

to institute any necessary legal proceedings. When so collected,

the said sum of fifty ($50) dollars shall be paid over to the

county treasurer.

of this section at any time within twenty days after the date of

the primary or election at which they were used.

Section 1703. Correction of Returns; Decision Not to Be

Final; Evidence for Prosecution.--

(a) (1) Any petition to open a ballot box or to recanvass

the votes on a voting machine or an electronic voting system

pursuant to sections 1701 and 1702 shall be filed no later than

five (5) days after the completion of the computational

canvassing of all returns of the county by the county board. If

any error or fraud is found the court shall grant the interested

parties an additional five (5) days to file petitions requesting

additional ballot boxes to be opened or voting machines or

electronic voting systems to be recanvassed.

(i) Except as set forth in subclause (ii):

(A) a recount or recanvass shall include all election

districts in which ballots were cast for the office in question;

and

(B) petitions, accompanied by the appropriate money or bond,

must be filed in each election district in accordance with this

act.

(ii) Subclause (i) shall not apply if a petitioner under

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section 1701 or 1702 pleads that a particular act of fraud or

error occurred and offers prima facie evidence supporting the

allegation.

(2) If any petition to open a ballot box or to recanvass the

votes on a voting machine or an electronic voting system shall

have been presented, under the provisions of sections 1701 and

1702 of this act and the court shall discover therein any fraud

or error, the court shall correct, compute and certify to the

county board the votes justly, regardless of any fraudulent or

erroneous entries made by the election officers thereof, and the

county board shall correct accordingly any entries previously

made in the returns of the county being prepared by it, or which

have been prepared and not yet certified.

(b) No order or decision of the court under the provisions

of sections 1701 and 1702 of this act, shall be deemed a final

adjudication regarding the results of any primary or election,

so as to preclude any contest thereof under the provisions of

this article, and no such order or decision shall affect the

official returns of any election district, unless a petition to

open the ballot boxes or to recanvass the votes on a voting

machine or an electronic voting system shall have been presented

before the certification of the returns of the county by the

county board, or unless a contest shall have been instituted in

the manner provided by this article.

any voting machine or electronic voting system under the

provisions of this article, it shall be found that fraud was

committed in the computation of the votes cast on the ballots or

voting machine, or in the marking of the ballots contained

therein or otherwise in connection with such ballots, the county

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board shall take such steps as shall be appropriate to enable

the ballot box and contents thereof or voting machine or

electronic voting system to be available as evidence in any

prosecution which may be begun against any person or persons

alleged to be guilty of such fraud.

(b) Classes of Nomination and Election

Contests

Section 1711. Classes of Nomination and Election Contests.--

The several classes of nominations at primaries and elections of

public officers which may be contested in this Commonwealth are

hereby distinguished and designated as follows, to wit:

Class I. Nominations and elections of the Governor and

Lieutenant Governor of the Commonwealth.

Class II. Nominations and elections of electors of President

and Vice-President of the United States and all officers of this

Commonwealth, including Judges of the Courts (except Governor

and Lieutenant Governor), who now are or hereafter shall be

required to be nominated or elected by the [electors] voters of

the State at large, and nominations of United States Senators.

Class III. Nominations and elections of judges of the

several courts.

Class IV. Nominations and elections of Senators and

Representatives in the General Assembly, and nominations of

Representatives in Congress.

Class V. All other officers, whether nominated or elected by

the qualified voters of counties, cities, boroughs, townships,

wards, school districts, poor districts or any other division of

the State.

First Class

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Section 1712. Committee of General Assembly to Try.--

Contested nominations and elections of Governor and Lieutenant

Governor shall be tried and determined by a committee to be

selected from both houses of the General Assembly, and formed

and regulated in the following manner.

Section 1713. Contest Petitions; When and to Whom

Presented.--Upon the petition in writing of at least one hundred

registered [electors] voters of the Commonwealth, accompanied by

the affidavit, taken and subscribed by at least twenty of the

petitioners, before some person having authority to administer

oaths, that the facts set forth are true to the best of their

knowledge and belief, and a certificate from the registration

commission of the county or counties where the petitioners

reside, setting forth that they are all registered [electors]

voters, being presented to the presiding officer of the Senate

within ten days from the organization of the General Assembly

next succeeding the election complained of, he shall immediately

give information thereof to both houses. Such petition after

being read in each house, shall be laid on the table without any

question taken thereon, until the two houses shall proceed

thereon in the following manner.

Section 1714. Personnel of Contest Committee; Senate

Members.--The Senate and House of Representatives shall, on a

day and hour to be agreed on between them, which day shall be

within five days of the reception of the petition as aforesaid,

convene in the hall of the House of Representatives, where the

petition shall be read by the secretary of the Senate; the names

of the members of each house shall then be called over by the

respective clerks, and a quorum of each house being present, a

joint committee shall be formed as follows:

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(a) The names of all senators present, except the President

pro tempore, shall be written on distinct pieces of paper as

nearly alike as may be, each of which shall be rolled up and put

into a box by the clerk of the House of Representatives, and

placed on the Speaker's table.

(b) The secretary of the Senate, having shaken and

intermixed the said papers, shall draw them out one by one, and

put them alternately into three boxes, also placed on the

Speaker's table.

clerk of the House of Representatives shall shake and intermix

the papers in each box, and shall draw alternately from each box

the papers so rolled up, until twelve papers have been so drawn,

and shall deliver them singly, as drawn, to the Speaker of the

House of Representatives.

(d) The Speaker of the House of Representatives shall open

the said papers singly and read aloud the names on each, and

then deliver the papers singly to the President of the Senate,

who shall place them openly on the table.

(e) A member of each House, to be designated by the

respective presiding officers, shall take down in writing the

names so called, and shall each of them repeat aloud the name so

written.

Section 1715. Personnel of Contest Committee; House

Members.--The like proceedings shall then be had for drawing

twenty-five members of the House of Representatives for the

purpose: Provided, however, That--

(a) The duties in the preceding section enjoined upon the

clerk of the House of Representatives shall be performed by the

secretary of the Senate.

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(b) The duties therein enjoined upon the secretary of the

Senate shall be performed by the clerk of the House of

Representatives.

House of Representatives shall be performed by the presiding

officer of the Senate.

(d) The duties therein enjoined upon the President of the

Senate shall be performed by the Speaker of the House of

Representatives, whose name shall not be placed in the box.

Section 1716. Challenges.--If any objection be made by

either of the parties to any member so drawn by lot, such member

shall be discharged, and another name be drawn to supply the

place, and so on until the whole number of twelve senators and

twenty-five members of the House of Representatives shall be

completed; and in all cases, the members drawn in place of those

objected to, shall be in like manner liable to be set aside, and

others shall be drawn in their places; but if so many be set

aside by reason of objections, as aforesaid, that there shall

not remain more than the number aforesaid, then no further

objection shall be admitted.

Section 1717. Selection of Committee.--When the number

aforesaid shall be completed, the clerk of the House of

Representatives shall draw out, one by one, the names of the

remaining members of the Senate, and deliver them singly to the

Speaker of the House of Representatives, who shall unfold and

read them aloud; and the secretary of the Senate shall in like

manner draw out the names of the remaining members of the House

of Representatives, and deliver them singly to the presiding

officer of the Senate, who shall unfold them and read them

aloud; and if any unfairness or mistakes shall then be

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discovered therein, the whole proceedings shall be set aside,

and the same shall be renewed in manner and form hereinbefore

directed; but after the committee is sworn, no objection for

such cause shall be received.

Section 1718. Final Selection of Committee.--When the

proceedings aforesaid shall be concluded, a list of the twelve

members of the Senate and a separate list of the twenty-five

members of the House of Representatives so drawn shall be given

to each of the parties, who shall immediately withdraw to some

adjoining room, with a clerk or members appointed by the joint

vote of members present, where they shall proceed to strike off

alternately the names upon such list, until the number shall be

reduced to four members of the Senate and nine of the House of

Representatives, which shall constitute a select committee.

Section 1719. Members to Remain Until Final Selection.--On

the parties withdrawing to form such select committee, the

members of both houses shall continue convened and the members

whose names shall have been drawn out of the boxes shall not

leave the conference room without permission, until the time and

place for the meeting of the select committee shall be fixed as

hereinafter provided.

Section 1720. Final Qualification of Committee.--Within one

hour from the time of withdrawing as aforesaid, the parties

shall deliver to the presiding officer of the Senate the names

of the said four members of the Senate and nine of the House of

Representatives remaining on the list, who shall then

respectively take an oath or affirmation, to be administered by

the presiding officer of the Senate, to try the matter of the

petition and to give a true judgment thereon according to the

evidence, unless the committee shall be dissolved.

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Section 1721. Time and Place of Meeting.--The time and place

for the meeting of the select committee so appointed shall then

be directed by the joint vote of the members of both houses,

which time shall be within forty-eight hours of the appointment.

Section 1722. Absence from Committee.--If any person

appointed a member of such select committee shall, at the time

of such appointment, swear or affirm that he cannot without

great inconvenience serve on such committee, he shall be

excused, and in such case another shall be substituted.

Section 1723. Meetings of Committee; Quorums; Adjournment.--

The select committee shall sit from day to day, Sundays

excepted, at such hours as shall not interfere with their

attendance in the Legislature, but unless nine of their number

be present, the committee shall adjourn to the next day, and if

the number of the committee shall unavoidably be reduced to less

than nine members, and shall so continue for the space of three

days, Sundays excepted, the committee shall be dissolved, and

there shall be another chosen in manner aforesaid. When the two

houses shall stand adjourned for more than three days, the

committee may adjourn to the same time.

Section 1724. Presiding Officer of Committee.--Immediately

after the appointment of the select committee aforesaid, the

President of the Senate shall notify the Chief Justice of the

Supreme Court, and he shall immediately attend the meetings of

the committee as the presiding officer thereof. The Chief

Justice of the Supreme Court shall decide questions regarding

the admissibility of evidence, and he shall, upon request of the

committee, pronounce his opinion upon other questions of law

involved in the contest, but he shall not have a vote on the

final determination of the case.

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Section 1725. Powers of Committee.--The select committee

shall have power to subpoena persons and require the production

of papers and records, and to compel the attendance of and

examine all witnesses who may come before them, upon oath or

affirmation, which the Chief Justice of the Supreme Court or

clerk of the committee may administer in their presence and to

decide not only on the validity of such contested election, but

also which of the candidates had the greatest number of legal

votes.

Section 1726. Proceeding Before Committee; Unqualified

Voters; Testimony; Immunity.--When it is proven to the

satisfaction of said committee that any person, not a legally

qualified voter, voted at any such contested election, it shall

be lawful for said committee to compel said voter to disclose,

under oath, for which of the respective candidates he voted; but

when the committee examines the witness on oath as to the person

or persons for whom he voted, and said witness on such

examination discloses the names of the persons for whom he voted

at such election, he shall not afterwards be prosecuted for

having illegally voted at such election.

Section 1727. Conduct of Committee.--The doors of the room

in which the select committee shall meet shall remain open

during the examination of witnesses, but may be closed at any

other time. All determinations required to be made by such

committee shall be by a majority of the whole number appointed.

As soon as the committee shall have agreed upon the same, two

reports thereof shall be made in writing, one of which shall be

delivered to the presiding officer of the Senate, and the other

to the Speaker of the House of Representatives, which reports

shall be entered on the journals of the respective houses, and

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shall be final and conclusive.

Section 1728. Report of Committee to Be Final.--If the

committee, or a majority thereof as aforesaid, shall report that

either of the candidates had the greatest number of legal votes,

and ought to receive the nomination or to be admitted to the

office, as the case may be, such candidate shall thereupon be

entitled to such office or nomination.

Section 1729. New Election if Invalid; Notice.--If the

committee, or a majority thereof, shall report that such

election or return is invalid, a new election shall take place

on the day of the general election ensuing, agreeably to the

Constitution, of which the presiding officer of each house shall

immediately give notice by their joint writ directed to the

Secretary of the Commonwealth and the county boards of the

respective counties; and the county boards of the respective

counties shall give due notice thereof according to law. If the

committee, or a majority thereof, shall report that such

nomination is invalid, the vacancy in the party ticket shall be

filled in the manner provided by section 979 of this act.

Section 1730. Pay of Witnesses.--Every witness subpoenaed

attending the trial of any contested election of the first

class, shall be allowed six cents for every mile of the distance

necessarily traveled by him in coming to and returning from the

place of trial, and shall also be allowed the sum of two dollars

and fifty cents for every day he may be detained at the place of

such trial, which mileage and expense, as well as the expense of

summoning such witnesses, shall be taxed by the select committee

and certified by their chairman to the Speaker of the House of

Representatives or the presiding officer of the Senate, or both,

as the case may require. The amount thereof, after having been

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first approved by the house or houses to which such certificate

may be made, shall be paid by the treasurer of the county or

counties in which the facts complained of took place, if such

facts be substantiated, or by the treasurer of the county or

counties in which the petitioners shall reside, if the

statements in the petition shall not be substantiated, on orders

drawn by the Speaker of the House of Representatives or the

presiding officer of the Senate, or both, as the case may

require.

(d) Contested Nominations and Elections of the

Second Class

Section 1731. Court of Common Pleas of Dauphin County with

Two Nearest President Judges to Have Jurisdiction.--Cases of the

second class shall be tried and determined by the court, upon

petition of at least one hundred [electors] voters as

hereinafter provided.

Section 1732. Entry and Effect of Decision.--After the

hearing of the said case, the said judges shall, without

unnecessary delay, decide which of the candidates voted for

received the greatest number of legal votes, and is entitled to

the nomination or office which decision shall be entered of

record to the case in the said court, and a certified copy

thereof shall, within five (5) days from the rendering thereof,

be delivered to the Secretary of the Commonwealth, whereupon the

person who, by the decision of the court, shall appear to have

received the largest number of votes, shall be entitled to the

nomination or to the office, and be commissioned accordingly.

(e) Contested Nominations and Elections of the

Third Class

Section 1736. Common Pleas Court of County of Residence of

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Candidate Returned as Elected to Have Jurisdiction.--Contested

nominations and elections of judges of courts of any judicial

district of this Commonwealth, shall be tried and determined

before the court of common pleas of the county where the person

returned as nominated or elected shall reside, in the following

manner.

Section 1737. Procedure to Contest; Petition; Personnel of

Court.--Upon the petition in writing, as hereinafter provided,

of at least fifty (50) registered [electors] voters of the

district for which the person whose nomination or election is

contested was returned as nominated or elected, presented to the

Governor of the Commonwealth, complaining of an illegal primary

or election or false return of any judge of a court of any

judicial district of the Commonwealth, the Governor shall

without delay, direct the three president judges residing

nearest to the courthouse of the county composing the district,

or, if more than one county composes the judicial district, then

those nearest the courthouse of the most populous county of the

district, to convene without delay the court of common pleas of

such county, and proceed to hear and determine the complaint of

the said petition.

Section 1739. Certification and Effect of Decision.--After

such hearing the said judges shall, without delay, decide which

of the candidates voted for received the greatest number of

legal votes, and is entitled to the nomination or office, which

decision shall be entered of record to the case in said court,

and a certified copy thereof shall, within five (5) days from

the rendering of such decision, be transmitted to the Secretary

of the Commonwealth; whereupon the person who, by the said

decision, shall appear to have received the largest number of

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votes, shall be entitled to the nomination, or to the office,

and commissioned accordingly.

(f) Contested Nominations and Elections of the

Fourth Class

Section 1741. Jurisdiction to Try.--Contested nominations

and elections of senators and representatives in the General

Assembly of this Commonwealth and contested nominations of

representatives in Congress shall be tried and determined by the

court of common pleas of the county where the person returned as

such shall reside, in the following manner.

Section 1742. Method of Contest; Petition; Notice.--Upon

petition in writing, as hereinafter provided, of at least twenty

registered [electors] voters of the senatorial district in case

of a senator and of the legislative district in case of a

representative in the General Assembly, complaining of an

illegal primary or election or false return of any senator or

representative, or upon petition in writing as hereinafter

provided of at least twenty registered [electors] voters of the

congressional district in case of a representative in Congress,

complaining of an illegal primary or false return of any

representative in Congress, the court, shall immediately appoint

a suitable time for the hearing in open court of such complaint;

notice of which shall be given to the person returned, at least

ten days before such hearing.

Section 1743. Complainants and Candidate Returned Shall Be

Parties.--On the trial of contested nominations or elections of

senators and representatives in the General Assembly and of

contested nominations of representatives in Congress, the

petitioners complaining of nomination or the election, and the

person returned as nominated or elected, shall be the parties

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thereto.

Section 1744. Powers and Duties of the Court.--The court of

common pleas to which a petition shall be presented as

aforesaid, contesting the right of a candidate for senator or

representative in the General Assembly to the nomination or to

the seat for which he may have been returned as elected, or

contesting the right of a candidate for representative in

Congress to the nomination, shall have authority to subpoena and

to compel the attendance of any officer of the primary or

election complained of, and of any person capable of testifying

concerning the same, and also to compel the production of all

books, papers, tally lists, ballots, ballot boxes, voting

machines and all documents which may be required at such

hearing, in like manner, and to the same extent as in other

cases litigated before such court; to take testimony and to

proceed without delay, postponing for the purpose, if necessary,

all other business, to the hearing and determination of such

contest.

Section 1745. Decision of Court.--After the hearing as

aforesaid, the court shall, without delay, decide which of the

candidates voted for received the greatest number of legal votes

and is entitled to the nomination or election.

Section 1746. Return of Result to Proper House.--In the case

of contested elections of senator and representative in the

General Assembly, the Secretary of the Commonwealth shall, on

the day of the meeting of the next General Assembly, or if in

session, then immediately upon its reception, deliver to the

presiding officer of the proper house the certified copy of the

decision of the court aforesaid.

Section 1747. Appeal to Proper House; Requirements.--Any

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claimant to a seat in either branch of the General Assembly, who

shall feel aggrieved by the decision of the court in his case,

may present his petition to the proper house within ten days

after the meeting of the General Assembly, or within ten days

after the decision shall have been made in his case, if the

General Assembly shall then be in session, setting forth his

claim, which petition shall have appended thereto the affidavit

of the petitioner, setting forth that he believes that he was

duly elected to the seat, and that the statements set forth in

his petition are just and true, to the best of his knowledge and

belief.

Section 1748. Action on Appeal Petition.--Such petition,

when presented, shall be referred to a standing committee on

election, which committee shall proceed to hear the claims of

the contestant and respondent, and report the facts and a

resolution expressing the decision of the committee, for the

consideration of the house; and the vote of the proper house on

the claims of the contestant and respondent shall be final.

Section 1749. Vote on Petition.--No resolution deciding such

question shall be adopted, unless it shall receive the votes of

a majority of all the members elected to the house considering

the same.

(g) Contested Nominations and Elections of the

Fifth Class

Section 1751. Jurisdiction.--Cases of the fifth class shall

be tried and determined upon petition of twenty registered

[electors] voters, as hereinafter provided, by the court of

common pleas of the county in which such contested election was

held.

(h) General Provisions Relating to Contested

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Nominations and Elections

Section 1756. Petition; Time of Filing; Amendment.--The

commencement of proceedings in the case of contests of the

second, third, fourth and fifth classes shall be by petition,

which shall be made and filed, as herein required, within twenty

days after the day of the primary or election, as the case may

be. The petition shall concisely set forth the cause of

complaint, showing wherein it is claimed that the primary or

election is illegal, and after filing may be amended with leave

of court, so as to include additional specifications of

complaint. After any such amendment, a reasonable time shall be

given to the other party to answer.

Section 1757. Petitioners and Affidavits; Requirements.--In

each of the aforesaid second, third, fourth and fifth classes,

the petitioners shall be registered [electors] voters who voted

at the primary or election so contested. In cases of the third

class, each petition shall be verified by the affidavits of at

least ten of the petitioners; in the second, fourth and fifth

classes, by the affidavit of at least five of the petitioners.

Such affidavits shall be taken and subscribed before some person

authorized by law to administer oaths, and shall set forth that

they believe the facts stated therein are true, that according

to the best of their knowledge and belief, the primary or

election was illegal and the return thereof not correct, and

that the petition to contest the same is made in good faith.

Section 1758. Presentation of Petition.--The petition shall

be presented to the court having jurisdiction, except where

otherwise provided in this article, and if it shall set out a

prima facie case, it shall be filed of record in the proper

court, and thereupon a time shall be fixed for hearing.

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Section 1759. Bond by Petitioners.--Whenever a petition to

contest nomination or contest election of any class, shall be

presented to the General Assembly or to the court, it shall be

the duty of said petitioners, within five days thereafter, to

file a bond, signed by at least five of the said petitioners in

such sum as the presiding officer of the Senate or said court,

shall designate, with two or more individual sureties or a

corporate surety to be approved by the said officer or court or

judge, conditioned for the payment of all costs which may accrue

in said contested nomination or election proceeding, in case the

said petitioners by decree shall be adjudged liable to pay said

costs, and if the said bond shall not be filed, as herein

provided, the said petition to contest the nomination or

election shall be dismissed.

Section 1760. Notice of Hearing.--Notice of the filing of

the petition, with a copy thereof, shall be served upon the

person whose nomination or right of office shall be contested,

together with a rule to answer at the time fixed for hearing,

which notice, copy and rule shall be served such length of time

before the day fixed for hearing as the said court or judge

shall require, not exceeding seven days in cases of contested

nominations at primaries preceding municipal elections, and not

exceeding thirty days in all other cases.

Section 1761. Disqualification of Judge.--No judge shall sit

on the trial of a case in which he shall be a party.

Section 1762. Substitute Judges.--In any case where, by

reason of incompetency or any disability to act, there shall be

no law judge of the judicial district in which any contest shall

arise, present and able, as well as qualified to act, the judge,

learned in the law, residing nearest the courthouse of the

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county in which, by the provisions of this article, the trial in

any such case is required to be had, except in cases otherwise

provided in this article, shall preside on the contest, and

shall have and exercise all the powers and authority and

discharge all the duties granted to or imposed upon the regular

judges of the said courts in cases wherein they are qualified

and required to act by the provisions of this article.

Section 1764. Powers of Court.--All of the said courts and

judges hereby required to try any contested election case shall

have plenary power to make, issue and enforce all necessary

orders, rules, process and decrees, for a full and proper

understanding and final determination and enforcement of the

decision of every such case, according to the course of practice

in similar cases under the laws of this Commonwealth, or which

may be necessary and proper to carry out the provisions of this

article.

Section 1765. Power of Court; Witnesses; Records.--The

proper court or judge shall have power to compel the attendance

of any election officer or other person as a witness, and may

also compel the production of all ballots, boxes, voting

machines, books, papers, tally lists, returns of election, other

documentary or record evidence, at discretion, for use at the

trial, and may issue subpoenas and attachments for these

purposes as in other proceedings in the courts of this

Commonwealth, and all such books, papers, documents, ballots,

boxes, voting machines and records, shall be returned to the

proper custody.

Section 1766. Conduct of Hearings; Certified Records;

Examiners.--Certified copies of all election papers, registers

of voters, and records, duly authenticated by the person having

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custody thereof, shall be competent evidence and prima facie

proof of their contents; but the party against whom the same

shall be produced shall have the right to compel the attendance

of the person who certified them for cross-examination.

Examiners to take and report evidence may be appointed, and

reasonable notice of the time and place of taking the same shall

be prescribed by the court or judge and served upon the opposite

party.

Section 1767. Witnesses; Duty to Testify.--In trials of

contested nominations and elections, and in all proceedings for

the investigation of primaries and elections, no person shall be

permitted to withhold his testimony upon the ground that he may

incriminate himself, or subject himself to public infamy, but

such testimony shall not afterwards be used against him in any

judicial proceedings, except for perjury in giving such

testimony.

Section 1768. Witnesses and Officers; Fees.--Witnesses and

officers shall be paid the same fees as are now or hereafter

shall be fixed by law for similar services in the county in

which the trial shall be held.

Section 1769. Costs of Contest if Without Probable Cause.--

(a) In contested nominations or elections of all classes, if

the committee or court or judge shall decide that the complaint

is without probable cause, the petitioners, and every one of

them, shall be jointly and severally liable for all the costs,

and the same may be collected as debts of like amount are by law

collectible.

Section 1770. Costs of Contest if For Probable Cause.--

(a) In contested nominations or elections of electors of

President and Vice-President, and State officers whose

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jurisdiction extends over the State, and Senators and

Representatives of the United States and of this Commonwealth,

in which the committee, or court or judge shall decide that the

complaint is not without probable cause, the Commonwealth shall

be liable for all costs. The said committee or court shall

certify to the Auditor General a bill of such costs, which shall

be adjusted and settled in the usual manner, and paid out of

moneys appropriated for that purpose.

(b) Whenever, in contested nominations or elections of

judges of courts of record, and of county, city, borough,

township, ward, school district or poor district officers, the

contestant or contestants establish his or their right to the

nomination or office, or, if they fail to establish their

rights, but the court or judge shall decide that the complaint

was not without probable cause, the court or judge shall

apportion all the costs among the proper districts, counties,

cities, boroughs, townships, wards, school districts or poor

districts, of the whole district in which contest is had, in

such way as said court or judge shall think just, and shall

compel by order, the payment of such amounts so apportioned to

each, by the properly constituted authorities of each of the

proper districts, counties, cities, boroughs, townships, wards,

school districts or poor districts, as the payment of debts by

the same can now be enforced.

Section 1771. Court or Committee May Limit Time for Taking

Testimony.--In all contested nomination and election cases, the

committee or court may, in its discretion, limit the time to be

consumed in taking testimony, dividing said time equitably among

all parties concerned, with a view therein to the circumstances

of the matter and the proximity of the next succeeding election.

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Section 1772. Nominations or Elections Declared Invalid;

Filling of Vacancies.--Whenever in any contested nomination or

election, the tribunal trying the case shall decide that the

ballots or ballot labels used in one or more election districts,

by reason of the omission, addition, misplacing, misspelling or

misstatement of one or more titles of office, or names of

candidates, or parties or bodies represented by them, were so

defective as to the office in contest as to be calculated to

mislead the voters in regard to any of the candidates nominated

or seeking nomination for said office, and that the defective

condition of the said ballots or ballot labels may have affected

the result of the entire primary or election for said office,

the said tribunal shall declare the primary or election to be

invalid as regards the said office, and in the case of elections

shall report their decision, in cases where vacancies in such

offices are filled by appointment, to the proper officer or

officers who are by law authorized to fill vacancies occurring

in such office, who, upon receipt of such notice, shall, without

delay, proceed to appoint a suitable person or persons to fill

the vacancies thus created, and the person or persons so

appointed shall continue in office until the next election

succeeding his appointment at which such office is by law

required to be filled. All other vacancies so created shall be

filled in such manner as now or hereafter may be provided by

law, and all vacancies in nominations so created shall be filled

in the manner provided by section 979 of this act.

Section 1773. Specific Findings by Trial Court.--It is

hereby made the duty of the judges in the court of common pleas

trying an election contest to, first, find separately and

explicitly the facts deemed by them material to the decision,

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and also such other facts as any party to the contest may

request them in writing to ascertain; and second, to answer such

points of law as may be submitted to them.

Section 1774. Certified Copy of Order of Court to Be

Forwarded to Secretary of the Commonwealth and County Boards.--

Immediately upon the entry of any order or decree of court

deciding any contested nomination or election, it shall be the

duty of the prothonotary of said court to transmit immediately

to the Secretary of the Commonwealth and to the proper county

board a certified copy of said order or decree.

Section 11. Sections 1819, 1821, 1823, 1824, 1825, 1827,

1828, 1829, 1830, 1831, 1831.1, 1832, 1833, 1834, 1838 and 1853

of the act are amended to read:

Section 1819. Destroying, Defacing or Removing Notices, Et

Cetera.--Any person who shall, prior to any primary or election,

wilfully deface, remove or destroy any notice or list of

candidates posted in accordance with the provisions of this act,

or who, during any primary or election, shall wilfully deface,

tear down, remove or destroy any card of instructions, notice of

penalties, specimen ballot or diagram printed or posted for the

instruction of [electors] voters, or who shall, during any

primary or election, wilfully remove or destroy any of the

supplies or conveniences furnished by the county board of

elections to any polling place in order to enable [electors]

voters to vote, or the election officers to perform their

duties, or who shall wilfully hinder the voting of others, shall

be guilty of a misdemeanor, and, upon conviction thereof, shall

be sentenced to pay a fine not exceeding one hundred ($100)

dollars, or to undergo an imprisonment of not more than three

(3) months, or both, in the discretion of the court.

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Section 1821. Peace Officer; Failure to Quell Disturbances

at Polls; Hindering or Delaying Election Officers and Others.--

Any mayor, chief burgess, sheriff, deputy sheriff, constable,

deputy constable, police officer or other peace officer who

shall neglect or refuse to clear an avenue to the door of any

polling place which is obstructed in such a way as to prevent

[electors] voters from approaching, or who shall neglect or

refuse to maintain order and quell any disturbance if such

arises at any polling place upon the day of any primary or

election, when called upon so to do by any election officer or

any three qualified [electors] voters of the election district,

or who shall wilfully hinder or delay, or attempt to hinder or

delay, any judge, inspector or clerk of election, machine

inspector or overseer in the performance of any duty under this

act, shall be guilty of a misdemeanor in office, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding one thousand ($1,000) dollars, or to undergo an

imprisonment of not more than one (1) year, or both, in the

discretion of the court.

Section 1823. Election Officers Permitting Unregistered

[Electors] Voters to Vote; Challenges; Refusing to Permit

Qualified [Electors] Voters to Vote.--Any judge or inspector of

election who permits any person to vote at any primary or

election who is not registered in accordance with law, except a

person in actual military service or a person as to whom a court

of competent jurisdiction has ordered that he shall be permitted

to vote, or who permits any registered [elector] voter to vote

knowing that such registered [elector] voter is not qualified to

vote, whether or not such person has been challenged, or who

permits any person who has been lawfully challenged to vote at

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any primary or election without requiring the proof of the right

of such person to vote which is required by law, or who refuses

to permit any duly registered and qualified [elector] voter to

vote at any primary or election, with the knowledge that such

[elector] voter is entitled to vote, shall be guilty of a felony

of the third degree, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding fifteen thousand ($15,000)

dollars, and to undergo an imprisonment of not more than seven

(7) years, or both.

Section 1824. Election Officers Refusing to Permit [Elector]

Voter to Vote in Proper Party at Primaries.--Any judge,

inspector or clerk of election who refuses to permit [an

elector] a voter at any primary at which ballots are used to

receive the ballot of the party with which he is enrolled, or

who gives to any such [elector] voter the ballot of any party in

which he is not enrolled, or any judge, or inspector of

election, or machine inspector who, at any primary at which

voting machines are used, adjusts any voting machine about to be

used by [an elector] a voter so as not to permit him to vote for

the candidates of the party in which he is enrolled, or so as to

permit him to vote for the candidates of any party in which he

is not enrolled, shall be guilty of a misdemeanor of the first

degree, and, upon conviction thereof, shall be sentenced to pay

a fine not exceeding ten thousand ($10,000) dollars, or to

undergo an imprisonment of not more than five (5) years, or

both, in the discretion of the court.

Section 1825. Frauds by Election Officers.--Any judge,

inspector or clerk of election or machine inspector who shall be

guilty of any wilful fraud in the conduct of his duties at a

primary or election, and any person who shall make a false

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return of the votes cast at any primary or election, or who

shall deposit fraudulent ballots in the ballot box or certify as

correct a return of ballots in the ballot box which he knows to

be fraudulent, or who shall register fraudulent votes upon any

voting machine or certify as correct a return of votes cast upon

any voting machine which he knows to be fraudulently registered

thereon, or who shall make any false entries in the district

the voter's certificate of any [elector] voter actually voting

at any primary or election, or who shall fail to record voting

information as required herein, or who shall fail to insert in

the numbered lists of voters the name of any person actually

voting, or who shall wilfully destroy or alter any ballot,

voter's certificate, or registration card contained in any

district register, or who shall wilfully tamper with any voting

machine, or who shall prepare or insert in the voting check list

any false voter's certificates not prepared by or for [an

elector] a voter actually voting at such primary or election,

for the purpose of concealing the destruction or removal of any

voter's certificate, or for the purpose of concealing the

deposit of fraudulent ballots in the ballot box, or the

registering of fraudulent votes upon any voting machine or of

aiding in the perpetration of any such fraud, or who shall fail

to return to the county board of election following any primary

or election any keys of a voting machine, ballot box, general or

duplicate return sheet, tally paper, oaths of election officers,

affidavits of [electors] voters and others, record of assisted

voters, numbered list of voters, district register, voting check

list, unused, spoiled and cancelled ballots, ballots deposited,

written or affixed in or upon a voting machine, or any

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certificate, or any other paper or record required to be

returned under the provisions of this act; or who shall conspire

with others to commit any of the offenses herein mentioned, or

in any manner to prevent a free and fair primary or election,

shall be guilty of a felony of the third degree, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding fifteen thousand ($15,000) dollars, or to undergo an

imprisonment of not more than seven (7) years, or both, in the

discretion of the court.

Section 1827. Interference with Primaries and Elections;

Frauds; Conspiracy.--If any person shall prevent or attempt to

prevent any election officers from holding any primary or

election, under the provisions of this act, or shall use or

threaten any violence to any such officer; or shall interrupt or

improperly interfere with him in the execution of his duty; or

shall block up or attempt to block up the avenue to the door of

any polling place; or shall use or practice any intimidation,

threats, force or violence with design to influence unduly or

overawe any [elector] voter, or to prevent him from voting or

restrain his freedom of choice; or shall prepare or present to

any election officer a fraudulent voter's certificate not signed

in the polling place by the [elector] voter whose certificate it

purports to be; or shall deposit fraudulent ballots in the

ballot box; or shall register fraudulent votes upon any voting

machine; or shall tamper with any district register, voting

check list, numbered lists of voters, ballot box or voting

machine; or shall conspire with others to commit any of the

offenses herein mentioned, or in any manner to prevent a free

and fair primary or election, he shall be guilty of a felony of

the third degree, and, upon conviction thereof, shall be

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sentenced to pay a fine not exceeding fifteen thousand ($15,000)

dollars, or to undergo an imprisonment of not more than seven

(7) years, or both, in the discretion of the court.

Section 1828. Persons Interfering in Other Districts.--Any

person who shall on the day of any primary or election visit any

polling place at which he is not entitled to vote and at which

he is not entitled to be present under any provision of this

act, and shall use any intimidation or violence for the purpose

of preventing any election officer from performing the duties

required of him by this act, or for the purpose of preventing

any qualified [elector] voter from exercising his right to vote

or from exercising his right to challenge any person offering to

vote, or for the purpose of influencing the vote of any

[elector] voter, he shall be guilty of a felony of the third

degree, and, upon conviction thereof, shall be sentenced to pay

a fine not exceeding fifteen thousand ($15,000) dollars, or to

undergo an imprisonment of not more than seven (7) years, or

both, in the discretion of the court.

Section 1829. Assault and Battery at Polls.--Any person who

shall unlawfully strike, wound or commit an assault and battery

upon the person of any [elector] voter at or near the polling

place during the time of any primary or election shall be guilty

of a misdemeanor of the first degree, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding ten

thousand ($10,000) dollars, or to undergo an imprisonment of not

more than five (5) years, or both, in the discretion of the

court.

Section 1830. Unlawful Assistance in Voting.--Any [elector]

voter at any primary or election who shall allow his ballot or

the face of the voting machine voted by him to be seen by any

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person with the apparent intention of letting it be known how he

is about to vote; or in districts in which ballots are used,

shall cast or attempt to cast any other than the official ballot

which has been given to him by the proper election officer; or

who, without having made the declaration under oath or

affirmation required by section 1218 of this act, or when the

disability which he declared before any registration commission

no longer exists, shall permit another to accompany him into the

voting compartment or voting machine booth, or to mark his

ballot or prepare the voting machine for voting by him; or who

shall mark his ballot or prepare the voting machine for voting

while another is unlawfully present in the voting machine

compartment or voting machine booth with him; or who shall state

falsely to any election officer that because of illiteracy he is

unable to read the names on the ballot or ballot labels or that

by reason of physical disability he cannot see or mark the

ballot or enter the voting compartment without assistance or

that he cannot see or operate the voting machine or enter the

voting machine booth without assistance; or who shall state, as

his reason for requiring assistance, a disability from which he

does not suffer; or any person who shall go into the voting

compartment or voting machine booth with another while voting or

be present therein while another is voting, or mark the ballot

of another or prepare the voting machine for voting with

another, except in strict accordance with the provisions of this

act; or any person who shall interfere with any [elector] voter

when inside the enclosed space or when marking his ballot, or

preparing the voting machine for voting, or who shall endeavor

to induce any [elector] voter before depositing his ballot to

show how he marks or has marked his ballot; or any person giving

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assistance who shall attempt to influence the vote of the

[elector] voter whom he is assisting or who shall mark a ballot

or prepare a voting machine for voting in any other way than

that requested by the voter whom he is assisting, or who shall

disclose to anyone the contents of any ballot which has been

marked or any voting machine which has been prepared for voting

with his assistance, except when required to do so in any legal

proceeding, shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding one thousand ($1,000) dollars, or to undergo an

imprisonment of not more than one (1) year, or both, in the

discretion of the court.

Section 1831. Election Officers Permitting Unlawful

Assistance.--Any election officer who shall permit a voter to be

accompanied by another into the voting compartment or voting

machine booth when the registration card of such person contains

no declaration that such person requires assistance, or when

such person has not made, under oath or affirmation, the

statement required by section 1218 of this act, or when such

election officer knows that the disability which the [elector]

voter declared before any registration commission no longer

exists, or who shall permit any person to accompany [an elector]

a voter into the voting compartment or voting machine booth,

except as provided by this act, shall be guilty of a

misdemeanor, and, upon conviction thereof, shall be sentenced to

pay a fine not exceeding one thousand ($1,000) dollars, or to

undergo an imprisonment of not more than one (1) year, or both,

in the discretion of the court.

Section 1831.1. Children in Polling Places and Voting

Compartments or Voting Machine Booths.--Notwithstanding any

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other provision of this act, [an elector] a voter may permit his

or her minor child or children to accompany him or her into the

polling place and may permit one such minor child to accompany

him or her into the voting compartment or voting machine booth.

Section 1832. Failure to Keep and Return Record of Assisted

Voters.--Any judge of election who shall fail to record, as

required by section 1218 (c) of this act, the name of each

[elector] voter who received assistance or who is accompanied by

another into the voting compartment or voting machine booth; or

who shall insert in the record of assisted voters the name of

any [elector] voter who does not receive assistance or is not

accompanied by another into the voting compartment or voting

machine booth; or who shall fail to record the exact disability

of any assisted [elector] voter which makes the assistance

necessary, or shall record in respect of any assisted [elector]

voter a disability, other than that stated by the [elector]

voter; or who shall fail to record the name of each person

rendering assistance to [an elector] a voter as prescribed by

this act; or who shall knowingly record as the name of such

person giving assistance a name which is not the name of such

person; or who shall fail or neglect to return the record of

assisted voters to the county board of elections as required by

this act, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine not exceeding one

thousand ($1,000) dollars, or to undergo an imprisonment of not

less than two (2) months nor more than two (2) years, or both,

in the discretion of the court.

Section 1833. Unlawful Voting.--Any person who votes or

attempts to vote at any primary or election, knowing that he

does not possess all the qualifications of [an elector] a voter

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at such primary or election, as set forth in this act, shall be

guilty of a misdemeanor of the first degree, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding ten thousand ($10,000) dollars, or to undergo an

imprisonment of not more than five (5) years, or both, in the

discretion of the court.

Section 1834. [Elector] Voting Ballot of Wrong Party at

Primary.--Any [elector] voter who shall wilfully vote at any

primary the ballot of a party in which he is not enrolled, in

violation of the provisions of this act, shall be guilty of a

misdemeanor of the second degree, and, upon conviction thereof,

shall be sentenced to pay a fine not exceeding five thousand

($5,000) dollars, or to undergo an imprisonment of not more than

two (2) years, or both, in the discretion of the court.

Section 1838. Fraudulent Voting by Soldiers.--Any person who

shall vote or attempt to vote at any election by [electors]

voters in military service under the provisions of Article XIII

of this act, not being qualified to vote at such election, shall

be guilty of a misdemeanor, and, upon conviction thereof, shall

be sentenced to pay a fine not exceeding one thousand ($1,000)

dollars, or to undergo an imprisonment of not more than one (1)

year, or both, in the discretion of the court.

Section 1853. Violations of Provisions Relating to Absentee

[Electors] Voters Ballots.--If any person shall sign an

application for absentee ballot or declaration of [elector]

voter on the forms prescribed knowing any matter declared

therein to be false, or shall vote any ballot other than one

properly issued to him, or vote or attempt to vote more than

once in any election for which an absentee ballot shall have

been issued to him, or shall violate any other provisions of

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Article XIII of this act, he shall be guilty of a misdemeanor of

the first degree, and, upon conviction, shall be sentenced to

pay a fine not exceeding ten thousand dollars ($10,000), or be

imprisoned for a term not exceeding five (5) years, or both, at

the discretion of the court.

If any chief clerk or member of a board of elections, member

of a return board or member of a board of registration

commissioners, shall neglect or refuse to perform any of the

duties prescribed by Article XIII of this act, or shall reveal

or divulge any of the details of any ballot cast in accordance

with the provisions of Article XIII of this act, or shall count

an absentee ballot knowing the same to be contrary to Article

XIII, or shall reject an absentee ballot without reason to

believe that the same is contrary to Article XIII, or shall

permit [an elector] a voter to cast his ballot at a polling

place knowing that there has been issued to the [elector] voter

an absentee ballot, he shall be guilty of a felony of the third

degree, and, upon conviction, shall be punished by a fine not

exceeding fifteen thousand dollars ($15,000), or be imprisoned

for a term not exceeding seven (7) years, or both, at the

discretion of the court.

Section 12. This act shall take effect in 60 days.

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