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PRINTER'S NO. 2039
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1797
Session of
2021
INTRODUCED BY RABB, SOLOMON, ZABEL, HILL-EVANS, WEBSTER AND
KENYATTA, AUGUST 18, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 18, 2021
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 election districts and polling places, further
providing for equipment and arrangement of polling places,
guard rail and number of voting compartments of voting
machines; in nomination of candidates, further providing for
casting of lots for position of names upon the primary
ballots or ballot labels and notice to candidates; and, in
ballots, further providing for form of official primary
ballot.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 530 of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is amended by
adding a subsection to read:
Section 530. Equipment and Arrangement of Polling Places;
Guard Rail; Number of Voting Compartments or Voting Machines.--
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(a.1) The position of candidate names for the same office on
a ballot shall be randomized between polling places within an
election district in accordance with section 915.
* * *
Section 2. Sections 915 and 1002(b) and (c) of the act are
amended to read:
Section 915. [Casting of Lots for] Randomized Position of
Names Upon the Primary Ballots or Ballot Labels; Notice to
Candidates.--Immediately after the last day fixed for filing of
such nomination petitions with them, the Secretary of the
Commonwealth or the county board, as the case may be, shall fix
a day [for the casting of lots], in such manner as may be
prescribed by the Secretary of the Commonwealth, or county
board, as the case may be, for the randomized position of names
upon the primary ballots or ballot labels between polling
places. The position of names within the same polling place
shall be uniform. The Secretary of the Commonwealth shall give
at least two (2) days notice by mail of said date to all
candidates whose petitions have been received and filed in his
office, and the county board shall give at least two (2) days
notice of said date by posting thereof in a conspicuous place in
its office, and by publication once in at least two newspapers
of general circulation published in the county. All candidates
may appear in person, or by agent duly authorized by letter of
attorney, signed and acknowledged by an officer empowered to
take acknowledgments. In the event of any of said candidates not
being present in person or by representative at the time of
[casting of lots] randomization, it shall be the duty of the
Secretary of the Commonwealth or the county board, as the case
may be, to appoint some person to represent such absentee. After
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said [lots are cast] randomization, the Secretary of the
Commonwealth or the county board, as the case may be, shall
accordingly establish the order in which the names of said
candidates are to appear upon the primary ballots or ballot
labels for each polling place, and certify the same for placing
upon the official primary ballots or ballot labels.
Section 1002. Form of Official Primary Ballot.--* * *
(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] randomization as provided by [this act] section 915. 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 may insert, by writing or
stamping, 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
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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 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 by the electors 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.
(c) The ballot shall vary in form only as the names of
districts, offices, candidates and the random position of
candidate names or the provisions of this act may require.
* * *
Section 3. This act shall take effect in 60 days.
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