PRINTER'S NO. 175
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
186
Session of
2017
INTRODUCED BY McGARRIGLE, RESCHENTHALER AND MARTIN,
JANUARY 25, 2017
REFERRED TO STATE GOVERNMENT, JANUARY 25, 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," in district election officers, further providing
for vacancies in election boards.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 405 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is amended to
read:
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
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day before any primary or election, shall, in all cases, be
filled by appointment, by the [court of the proper county]
county board of elections, 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] county board
of elections shall receive and consider any petitions filed by
qualified electors 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]
county board of elections can ascertain the fact. The judge of
election shall, in all 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]
county board of elections 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
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name and address of said appointee.] appointment by the county
board of elections filling a vacancy on an election board, the
county board shall amend its records to include 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] county board of
elections, 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.
(c) Vacancies in election boards occurring at any time
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 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
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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 2. This act shall take effect in 60 days.
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