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PRINTER'S NO. 1022
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
819
Session of
2021
INTRODUCED BY MASTRIANO, PITTMAN, HUTCHINSON AND GORDNER,
AUGUST 11, 2021
REFERRED TO STATE GOVERNMENT, AUGUST 11, 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," establishing the Election Commission; removing
the Secretary of the Commonwealth and the Department of State
from the election process and from campaign finance
oversight, except for constitutionally mandated functions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code, is amended to
read:
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
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duties upon the [Secretary of the Commonwealth] Election
Commission, 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.
Section 2. Section 102 of the act is amended by adding a
subsection to read:
* * *
(z.7) The word "election commission" shall mean the Election
Commission established under 25 Pa.C.S. § 502 (relating to
Election Commission).
Section 3. Sections 302(k), (l) and (m), 305(a)4 and (c),
535, 536(c), 537(b) and (c), 538, 539, 540, 626, 627, 628, 629,
630 introductory paragraph, 631, 633, 636, 804, 808.1, 809.1(b)
and (c), 811, 901, 903, 904, 905, 907, 911, 912.2(a) and (c),
913(a) and (f), 914, 915, 916, 918, 921, 923, 951(a), 952,
953(a), 954, 976, 977, 978, 978.1, 978.2, 978.3, 979, 981(a),
984, 993(b), 994(a), 995, 997(a), 999.1 and 1002(d) of the act
are amended to read:
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:
* * *
(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
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the Commonwealth] Election Commission, 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] Election Commission; 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]
Election Commission in the form prescribed by him, which shall
contain a statement of the total number of electors registered
in each election district, together with a breakdown of
registration by each 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] Election Commission shall
forthwith submit such information to the Legislative Data
Processing Center and shall publicly report the total number of
registered electors for each political party or other
designation in each county not later than five days prior to the
primary, municipal or general election.
* * *
Section 305. Expenses of County Boards and of Primaries and
Elections to Be Paid by County; Expenses of Special Elections;
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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,
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.
* * *
4. The [Department of State] Election Commission shall
reimburse county boards of election for those additional costs
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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 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] Election Commission as much money from the General Fund
as he deems necessary to permit the [department] Election
Commission to reimburse the counties for costs incurred in the
special elections.
* * *
(c) The Commonwealth shall reimburse each city of the first
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
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] Election Commission, not later than thirty days after
every election, on a form prescribed by the [Department of
State] Election Commission, 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 in actual military service, Federal
employment overseas, Merchant Marine, and in any religious group
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or welfare agency assisting the Armed Forces, including spouses
and dependents, and to bedridden or hospitalized veterans.
The [Department of State] Election Commission 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] Election Commission 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 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 of Commissions,
Elections and Legislation of the Department of State.
The word "secretary" shall mean the Secretary of the
Commonwealth.]
Section 536. Restrictions on Alteration.--* * *
(c) If an alteration of an election district under
subsection (b) is sought, the following shall apply:
(1) The county board of elections shall notify the
[secretary] Election Commission, 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] Election Commission shall forward a
copy of any notice of proposed alteration to the Legislative
Data Processing Center within seven (7) days of receipt.
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(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] Election Commission must make a
determination that the board has complied with subsection (b).
Any of the following constitute evidence of the determination
under this clause:
(i) A certification by the [secretary ] Election Commission
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]
Election Commission and that the Election Commission 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] Election Commission and the
Legislative Data Processing Center within seven (7) days of the
issuance of that order.
Section 537. Alterations After Period of Restriction.--* * *
(b) Within thirty (30) days of an alteration under
subsection (a), the county board of elections shall submit to
the [bureau] Election Commission a report, including a map and a
verbal description, of the boundaries of each resulting
district.
(c) The [bureau] Election Commission shall review each
report submitted under 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] Election Commission determines that the boundaries of
any resulting election district included in the report do not
comply with the requirements of subsection (a), the [bureau]
Election Commission shall send written notice of this
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determination to the county board of elections within thirty
(30) days of receipt of the report. Within sixty (60) days of
receipt of the notice, the county board shall submit a
subsequent report regarding the election district or districts
named in the [bureau's] Election Commission'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]
Election Commission shall withhold any reimbursements owed to
the county board under section 305 until the [bureau] Election
Commission 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] Election Commission 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] Election Commission 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] Election Commission.
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,
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special or general election, the county board of elections shall
submit to the [bureau] Election Commission 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.
(3) State Representative.
(4) United States Representative.
Section 540. Regulations.--The [secretary] Election
Commission may promulgate regulations to administer this
subdivision.
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 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] Election
Commission 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] Election Commission at
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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 627. Special Elections for Representative in
Congress.--Whenever a vacancy shall occur or exist in the office
of Representative in Congress from this State during a session
of Congress, or whenever such vacancy shall occur or exist at a
time when the members of Congress shall be required to meet at
any time previous to the next general election, the Governor
shall issue, within ten days after the happening of said
vacancy, or after the calling of an extraordinary session of
Congress during the existence of said vacancy, a writ of
election to the proper county board or boards of election and to
the [Secretary of the Commonwealth] Election Commission, for a
special election to fill said vacancy, which election shall be
held on a date named in said writ, which shall not be less than
sixty (60) days after the issuance of said writ. In all other
cases no such special election to fill said vacancy shall be
held. The Governor may fix, in such writ of election, the date
of the next ensuing primary or municipal election as the date
for holding any such special election.
Section 628. Special Elections for Senator and
Representative in the General Assembly.--Whenever a vacancy
shall occur in either house of the General Assembly whether or
not it then be in session, the presiding officer of such house
shall, within ten (10) days after the happening of the vacancy,
issue a writ of election to the proper county board or boards of
election and to the [Secretary of the Commonwealth] Election
Commission, for a special election to fill said vacancy, which
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election shall be held at the next ensuing primary, municipal or
general election scheduled at least sixty (60) days after the
issuance of the writ or such other earlier date which is at
least sixty (60) days following the issuance of the writ as the
presiding officer may deem appropriate: Provided, however, That
should the Governor after the issuance of the said writ of
election advise the presiding officer that the General Assembly
will be called into extraordinary session prior to the date set
for such special election, the presiding officer may countermand
the writ theretofore issued and shall issue a new writ of
election, fixing therein such earlier date therefor as is deemed
expedient, but which shall not be less than sixty (60) days
after the issuance of said writ: Provided further, That if the
vacancy shall occur less than seven (7) months prior to the
expiration of the term, a special election shall be held only if
in the opinion of the presiding officer the election is in the
public interest.
Section 629. Nominations for Special Election for
Representative in Congress, Senator and Representative in the
General Assembly and Member of Council or Legislative Body of
Cities, Boroughs, Towns and Townships.--Candidates to fill
vacancies in the offices of Representative in Congress, Senator
and Representative in the General Assembly and member of the
council or legislative body of any city, borough, town or
township 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
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nomination papers for the office of Representative in Congress,
Senator and Representative in the General Assembly shall be
filed in the office of the [Secretary of the Commonwealth]
Election Commission not later than fifty (50) days prior to the
date of the special election, and for the office of member of
the council or legislative body of a city, borough, town or
township, in the office of the county board of elections wherein
such city, borough, town or township is situate, not later than
fifteen (15) days after the issuance of the writ of election.
Section 630. Number, Form and Requirements of Nomination
Certificates.--Each political party shall be entitled to
nominate and to file nomination certificates for as many
candidates as will be voted for at such special election. Every
nomination certificate for a special election to be held under
the provisions of this article shall be in form prescribed by
the [Secretary of the Commonwealth] Election Commission, and
shall set forth the following:
* * *
Section 631. Examination of Nomination Certificates and
Nomination Papers by the [Secretary of the Commonwealth]
Election Commission and County Board of Elections; Review.--It
shall be the duty of the [Secretary of the Commonwealth]
Election Commission or the proper county board of elections, as
the case may be, to examine, as to legal sufficiency, in the
manner and under the provisions of section 976 of this act, all
nomination certificates and nomination papers brought to his or
its office for the purpose of filing, for the nomination of
candidates for a special election, as herein provided, and if
manifestly defective, they shall not be filed. The action of the
[Secretary of the Commonwealth] Election Commission or the
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county board of elections, in refusing to accept and file any
such certificate or paper may be reviewed by the court upon an
application to compel its reception and filing as of the date
when it was brought to said office. No such certificate of
nomination or nomination paper shall be refused by the
[Secretary of the Commonwealth] Election Commission or the
county board of elections, except for any of the reasons
provided for in section 976 of this act.
Section 633. Withdrawals of Candidates Nominated for a
Special Election.--Any person who has been nominated by any
political party or political body for a special election as
herein provided, may withdraw his name from nomination by a
request in writing signed by him and acknowledged before an
officer qualified and empowered to administer oaths, and filed
in the office of the officer or board with whom the nomination
certificate or nomination paper was filed within seven (7) days
next succeeding the last day for filing nomination certificates
or papers. Such withdrawals to be effective must be received at
the office of the [Secretary of the Commonwealth] Election
Commission or county board of elections, as the case may be, not
later than five (5) o'clock P. M. on the last day for filing
same. No name, so withdrawn, shall be printed on the ballot or
ballot labels. No candidate may withdraw any withdrawal notice
already received and filed, and thereby reinstate his
nomination.
Section 636. Certification by [Secretary of the
Commonwealth] Election Commission of Candidates for Special
Elections.--The [Secretary of the Commonwealth] Election
Commission shall, not later than the thirtieth (30th) day next
preceding the day fixed for any special election to fill a
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vacancy in the offices of United States Senator, Representative
in Congress, Senator and Representative in the General Assembly,
certify to the proper county board or boards the names and
residences of, and parties or political bodies represented by,
all candidates whose nomination certificates or papers have been
filed with him, as herein provided, for such election, and have
not been found and declared invalid, and to be voted for in the
county or any district or districts thereof, substantially in
the form of the ballots to be used therein.
Section 804. Organization of State Committee; Rules.--Each
political party shall be directed by a State committee, to be
chosen in such a manner and for such a term of office as party
rules may provide. The members of the State committee shall meet
for organization not later than the sixth Wednesday following
their election, at such hour and place as shall be designated by
the State chairman of each political party. The State committee
of each political party may make such rules for government of
the party in the State, not inconsistent with law, as it may
deem expedient; and may also revoke, alter or renew, in any
manner not inconsistent with law, any present or future rules of
such political party. No such rules shall be effective until a
certified copy thereof has been filed in the office of the
[Secretary of the Commonwealth] Election Commission.
Section 808.1. Selection of Delegates to National
Conventions; Forwarding of Rules to [Secretary of Commonwealth]
Election Commission.--Delegates and alternate delegates to a
National convention of a political party shall be apportioned,
selected or elected in such manner as the rules of the party may
provide. The secretary of any political party shall certify and
forward to the [Secretary of the Commonwealth] Election
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Commission a copy of the party rules at least thirty days prior
to the first day on which nomination petitions may be circulated
for the offices which are to be filled at the Spring primaries
in the years in which candidates for the President of the United
States are to be nominated, or at such other times as a
political party shall meet in National convention or conference
when candidates for the President of the United States are not
to be nominated.
Section 809.1. Delegate and Alternate Delegate Commitments;
Authorization Required; Petitions.--* * *
(b) No candidate for delegate or alternate delegate shall
make a commitment unless he has obtained prior authorization to
do so from the presidential candidate to whom he is pledging
support. No candidate for delegate or alternate delegate shall
be allowed to commit himself to any presidential candidate nor
shall the [Secretary of the Commonwealth] Election Commission
cause any notation of commitment to be printed on any ballot
unless the presidential candidate forwards notice to the
[Secretary of the Commonwealth] Election Commission, upon a form
prescribed by the [secretary] Election Commission, that he is a
candidate for the nomination of President of the United States
and that he authorizes delegates and alternate delegates to
pledge their support and commit themselves to him. This notice
must be received by the [secretary] Election Commission at least
fifteen days prior to the first day on which nomination
petitions may be circulated for the offices which are to be
filled at the Spring primaries in the years in which candidates
for the President of the United States are to be nominated.
(c) Nomination petitions for delegates committed to
particular presidential candidates shall be obtained only from
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the presidential candidate or his duly authorized representative
who is certified by the [Secretary of the Commonwealth] Election
Commission as being authorized by the candidate to distribute
nomination petitions bearing his name.
Section 811. Party Officer Elected in Case of Tie Vote.--In
the case of a tie vote for any party office, the candidates
receiving the tie vote shall cast lots before the county board
or the [Secretary of the Commonwealth] Election Commission, as
the case may be, at twelve (12) o'clock noon on the third Friday
following the primary, and the one to whom the lot shall fall
shall be entitled to the election. In any case where the fact of
a tie vote is not authoritatively determined until after the
third Wednesday following the primary, the day for casting lots
shall be 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 (12) o'clock
noon on said day, the county board or the [Secretary of the
Commonwealth] Election Commission, 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 appointed in
writing.
Section 901. Determination and Certification of State-wide
and County-wide Parties.--(a) The [Secretary of the
Commonwealth] Election Commission shall determine which
organizations are political parties within the State, within the
meaning of section 801(a) of this act, and not later than the
thirteenth Tuesday preceding each primary shall transmit to each
county board a list of said political parties which shall be
entitled to nominate candidates at primaries.
(b) Each county board shall determine which organizations
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are political parties within the county, within the meaning of
section 801(b), and not later than the thirteenth Tuesday
preceding each primary shall transmit to the [Secretary of the
Commonwealth] Election Commission a list of said political
parties which shall be entitled to nominate candidates at
primaries in said county.
Section 903. Offices for Which Candidates Are to Be
Nominated to Be Ascertained.--It shall be the duty of the
[Secretary of the Commonwealth] Election Commission, prior to
each primary, to ascertain the various national and State
offices to be filled at the ensuing November election, and for
which candidates are to be nominated at such primary, and
otherwise, in accordance with the provisions of this act. It
shall be the duty of each county board of elections, prior to
each primary, to ascertain the various public offices in said
county and in the cities, boroughs, towns, townships, wards,
school districts, poor districts and election districts thereof,
to be filled at the ensuing November election, and for which
candidates are to be nominated at such primary, and otherwise,
in accordance with the provisions of this act.
Section 904. Municipal Clerks and Party Chairmen to Furnish
Information as to Offices to Be Filled.--To assist the
respective county boards in ascertaining the offices to be
filled, it shall be the duty of the clerks or secretaries of the
various cities, boroughs, towns, townships and school districts,
with the advice of their respective solicitors, on or before the
thirteenth Tuesday preceding the Municipal primary, to send to
the county boards of their respective counties a written notice
setting forth all city, borough, town, township and school
district offices to be filled in their respective subdivisions
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at the ensuing municipal election, and for which candidates are
to be nominated at the ensuing primary. It shall also be the
duty of the chairman of the State committee of each political
party to forward to the [Secretary of the Commonwealth] Election
Commission and to the respective county boards, on or before the
thirteenth Tuesday preceding the General primary, a written
notice setting forth the number of delegates and alternate
delegates to the National convention of such party who are to be
elected in the State at large at the ensuing primary, and the
number of such delegates and alternate delegates who are to be
elected at said primary in such county, or in any district
within such county, or of which it forms a part. The said notice
shall also set forth the number of members of the National
committee, if any, who, under the National party rules, are to
be elected at the said primary in the State at large, and the
number of members of the State committee to be elected at the
said primary in such county, or in any district, or part of a
district within such county. It shall also be the duty of the
chairman of the county committee and, in cases where a city is
coextensive with a county, the chairman of the city committee of
each party, on or before the thirteenth Tuesday preceding the
General primary, to send to the county board of such county a
written notice setting forth all party offices to be filled in
the county at the ensuing primary.
Section 905. [Secretary of the Commonwealth] Election
Commission to Notify County Board of Certain Nominations to Be
Made.--On or before the thirteenth Tuesday preceding each
primary, the [Secretary of the Commonwealth] Election Commission
shall send to the county board of each county a written notice
designating all the offices for which candidates are to be
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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] Election Commission, 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 of the State at large, or by a vote of the electors 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
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] Election Commission, signed by duly registered and
enrolled members of such party who are qualified electors 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] Election
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Commission. 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 911. Statement of Candidates for Delegates to
National Conventions.--Each candidate for election as delegate
or alternate delegate to a National party convention may
include, with his affidavit, the statement hereinafter set forth
in this section; but his failure to include such statement shall
not be a valid ground, on the part of the [Secretary of the
Commonwealth] Election Commission, for refusal to receive and
file his nomination petition. Such statement, if signed, shall
be signed on all the sheets of said petition, together with the
date of signing and shall be in substantially the following
form:
Delegate's Statement
I hereby declare to the voters of my political party in the
(here insert "State of Pennsylvania," if a delegate or alternate
delegate at large; otherwise, insert "..........District") that,
if elected and in attendance as a delegate to the National
convention of the party, I shall, with all fidelity, to the best
of my judgment and ability, in all matters coming before the
convention, support (here insert name of presidential candidate)
for President of the United States and shall use all honorable
means within my power to aid in securing the nomination for such
candidate for President.
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................................................................
(Signature of candidate for delegate or alternate delegate, and
date of signing.)
On the ballots or ballot labels used at a primary, after or
under the name of each candidate for delegate or alternate
delegate to a National party convention, shall appear the words
"committed to (here insert name of presidential candidate)" or
"uncommitted" according to whether the candidate included, or
failed to include, the above statement with his affidavit.
Section 912.2. Nominations by Minor Political Parties.--(a)
Notwithstanding any other provision in this act to the contrary,
minor political parties shall nominate all of their candidates
for the offices to be filled at the ensuing November election
pursuant to section 903 in accordance with the requirements of
section 951, other than subsection (e)(6) and (7) thereof, and
section 954, and shall obtain the required signatures during the
same time frame available to political bodies. Minor political
parties shall be subject to the provisions of this act
applicable to political parties with respect to special
elections, voter registration forms, substituted nominations and
all other purposes except as otherwise expressly provided in
this section. "Minor political party" shall mean a political
party as defined in section 801(a) or (b) whose State-wide
registration is less than fifteen per centum of the combined
State-wide registration for all State-wide political parties as
of the close of the registration period immediately preceding
the most recent November election. The [Secretary of the
Commonwealth] Election Commission shall prescribe forms or, if
there is insufficient time, make appropriate conforming changes
in existing forms to carry out the purposes of this section.
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* * *
(c) Each person filing any nomination paper for public
office shall be given a statement composed by the [Secretary of
the Commonwealth] Election Commission setting forth his duties
under law to file pre-election and post-election campaign
finance reports and the penalties for nonfiling. Each person
filing any nomination paper for public office shall 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]
Election Commission. Within three weeks after such candidate has
filed, the appropriate supervisor shall mail the same forms and
instructions to such candidate by first class mail.
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] Election Commission. 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 of any city, borough, township, ward or school district
which is situate in two or more counties, shall be filed with
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the county board of the county in which the major number of the
registered electors 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.
* * *
(f) Each person filing any nomination petition for public
office shall be given a statement composed by the [Secretary of
the Commonwealth] Election Commission 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] Election Commission. Within
three weeks after such candidate has filed, the appropriate
supervisor shall mail the same forms and instructions to such
candidate by first class mail.
* * *
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Section 914. Withdrawal of Candidates.--Any of the
candidates for nomination or election at any primary may
withdraw his name as a candidate by a request in writing, signed
by him and acknowledged before an officer empowered to
administer oaths, and filed in the office in which his
nomination petition was filed. Such withdrawals, to be
effective, must be received in the office of the [Secretary of
the Commonwealth] Election Commission not later than 5 o'clock
P. M. on the fifteenth day next succeeding the last day for
filing nomination petitions in said office, and in the office of
any county board of elections, not later than the ordinary
closing hour of said office on the fifteenth day next succeeding
the last day for filing nomination petitions in said office. No
name so withdrawn shall be printed on the ballot or ballot
labels. No candidate may withdraw any withdrawal notice already
received and filed, and thereby reinstate his nomination
petition.
Section 915. Casting of Lots for 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] Election Commission 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] Election Commission, or county board, as the case
may be, for the position of names upon the primary ballots or
ballot labels. The [Secretary of the Commonwealth] Election
Commission 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
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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, it shall be the
duty of the [Secretary of the Commonwealth] Election Commission
or the county board, as the case may be, to appoint some person
to represent such absentee. After said lots are cast, the
[Secretary of the Commonwealth] Election Commission 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, and certify the same
for placing upon the official primary ballots or ballot labels.
Section 916. [Secretary of the Commonwealth] Election
Commission to Furnish County Boards with List of Candidates;
Candidates to Be Notified.--The [Secretary of the Commonwealth]
Election Commission, as soon as possible after the last day
fixed for the filing of nomination petitions with him, and after
the last day for the withdrawal of candidates filing such
nomination petitions, and after the candidates shall have cast
lots for the position of their names upon the primary ballots or
ballot labels, shall forward to the county board of each county
a correct list of candidates of each party for the various
offices, in the order in which they are to appear upon the
official ballots or ballot labels, with their respective
residences, giving city, borough, town or township, and post-
office addresses as shown in their affidavits; and shall also at
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the same time notify the said candidates by mail that their
names have been so certified to said county boards. In the case
of each candidate for delegate or alternate delegate to a
National party convention, the [Secretary of the Commonwealth]
Election Commission shall certify as to whether such candidate
has included with his affidavit the statement provided for in
section 911 of this act and in cases where such candidate has
committed himself to a particular presidential preference, the
name of the presidential candidate to whom he is committed.
Section 918. Presidential Electors; Selection by Nominees;
Certification; Vacancies.--The nominee of each political party
for the office of President of the United States shall, within
thirty days after his nomination by the National convention of
such party, nominate as many persons to be the candidates of his
party for the office of presidential elector as the State is
then entitled to. If for any reason the nominee of any political
party for President of the United States fails or is unable to
make the said nominations within the time herein provided, then
the nominee for such party for the office of Vice-President of
the United States shall, as soon as may be possible after the
expiration of thirty days, make the nominations. The names of
such nominees, with their residences and post-office addresses,
shall be certified immediately to the [Secretary of the
Commonwealth] Election Commission by the nominee for the office
of President or Vice-President, as the case may be, making the
nominations. Vacancies existing after the date of nomination of
presidential electors shall be filled by the nominee for the
office of President or Vice-President making the original
nomination. Nominations made to fill vacancies shall be
certified to the [Secretary of the Commonwealth] Election
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Commission in the manner herein provided for in the case of
original nominations.
Section 921. Primary Election Returns.--The returns made by
the district election officers of the votes cast at primaries
shall be received by the respective county boards of election,
and tabulated and computed by them, and their returns to the
[Secretary of the Commonwealth] Election Commission tabulated
and computed by him in the manner provided by Article XIV of
this act, in so far as it is applicable to primaries.
Section 923. Nominee in Case of Tie Vote.--In the case of a
tie, the candidates receiving the tie vote shall cast lots
before the county board or the [Secretary of the Commonwealth]
Election Commission, as the case may be, at twelve o'clock noon
on the third Friday following the primary, and the one to whom
the lot shall fall shall be entitled to the nomination. In any
case where the fact of a tie vote is not authoritatively
determined until after the third Wednesday following the
primary, the time for casting lots shall be at twelve o'clock
noon on 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
on said day, the county board or the [Secretary of the
Commonwealth] Election Commission, 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 appointed in
writing.
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 of the State, or
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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] Election Commission, and no other forms than the
ones so prescribed shall be used for such purposes.
* * *
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 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 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
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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] Election Commission 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] Election Commission. Within
three weeks after such candidate has filed, the 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] Election Commission. Nomination papers for
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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 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 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 954. Filing Fee.--The same filing fee shall be paid
for each candidate nominated by a nomination paper as required
in section 913 for the filing of nomination petitions by
candidates for nomination to the same office. Each nomination
paper nominating a candidate or a group of candidates for office
shall be accompanied by a certified check or money order drawn
in the proper amount to cover the filing fees for each candidate
nominated therein but in no case less than the sum of five
dollars ($5.00), and payable to the Commonwealth of Pennsylvania
or to the county, as the case may be. All fees so received by
the [Secretary of the Commonwealth] Election Commission or the
county election board shall be transmitted to the State
Treasurer or to the county treasurer, as the case may be, and
shall become part of the General Fund.
Section 976. Examination of Nomination Petitions,
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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]
Election Commission 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 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] Election Commission 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
office of school director in districts where that office is
elective or the office of justice of the peace 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
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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 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
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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 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
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] Election
Commission, be vested in a committee composed of the Governor,
the Attorney General and the [Secretary of the Commonwealth]
Election Commission, 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
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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
court upon an application to compel its reception as of the date
when presented to the [Secretary of the Commonwealth] Election
Commission 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] Election Commission 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] Election
Commission 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
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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
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 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
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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.
The office of the Prothonotary of the Commonwealth Court and the
office of the [Secretary of the Commonwealth] Election
Commission 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. Withdrawal of Nominated Candidates.--(a) Any
person who has been nominated by any political party in
accordance with the provisions of this act, as a candidate for
the office of presidential elector, United States Senator,
Representative in Congress or for any State office, including
that of senator, representative and judge of court of record,
may withdraw his name from nomination by request in writing,
signed by him and acknowledged before an officer qualified to
take acknowledgement of deeds, and filed in the office of the
[Secretary of the Commonwealth] Election Commission. Any person
who has been similarly nominated as a candidate for any other
office may withdraw his name from nomination by similar request,
filed with the county board of elections of the proper county.
Such written withdrawals shall be filed with the [Secretary of
the Commonwealth] Election Commission or the county board of
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elections, as the case may be, at least eighty-five (85) days
previous to the day of the general or municipal election. Such
withdrawals to be effective must be received in the office of
the [Secretary of the Commonwealth] Election Commission not
later than five (5) o'clock P. M. on the last day for filing
same, and in the office of any county board of elections not
later than the ordinary closing hour of said office on the last
day for filing same. No name so withdrawn shall be printed upon
the ballot or ballot labels. No candidate may withdraw any
withdrawal notice already received and filed, and thereby
reinstate his nomination.
(b) Any person who has been nominated by any political body
in accordance with the provisions of this act, as a candidate
for the office of presidential elector, United States Senator,
Representative in Congress or for any State office, including
that of senator, representative and judge of a court of record,
may withdraw his name from nomination by request in writing,
signed by him and acknowledged before an officer qualified to
take acknowledgment of deeds and filed in the office of the
[Secretary of the Commonwealth] Election Commission. Any person
who has been similarly nominated as a candidate for any other
office may withdraw his name from nomination by a similar
request, filed with the county board of elections of the proper
county. Such written withdrawals shall be filed with the
[Secretary of the Commonwealth] Election Commission or the
county board of elections, as the case may be, not later than
the ordinary closing hour of said office on the seventh day next
succeeding the last day for filing nomination papers for said
office. No name so withdrawn shall be printed upon the ballot or
ballot labels. No candidate may withdraw any withdrawal notice
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already received and filed and thereby reinstate his nomination.
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, 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] Election
Commission, 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 978.2. Revocation of Declaration of Candidacy for
Retention.--In the event a justice or a judge had filed a
declaration of candidacy for retention under the provisions of
section 15 of the Constitution of the Commonwealth of
Pennsylvania and thereafter, but on or before the thirteenth
Tuesday preceding the primary election, revoked the declaration
by notifying the [Secretary of the Commonwealth] Election
Commission in writing of the same, the [Secretary of the
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Commonwealth] Election Commission shall include such office in
certifications under provisions of section 905.
Section 978.3. Vacancy Due to Revocation of Declaration of
Candidacy for Retention.--In the event a justice or a judge had
filed a declaration of candidacy for retention under the
provisions of section 15 of the Constitution of the Commonwealth
of Pennsylvania and thereafter, but after the thirteenth Tuesday
preceding the primary election and prior to sixty (60) days
preceding the municipal election revoked the declaration by
notifying the [Secretary of the Commonwealth] Election
Commission in writing of the same, nomination to fill such
vacancy shall be made in accordance with section 993 of this
act.
Section 979. Substituted Nominations by Parties.--Any
vacancy happening or existing after the date of the primary in
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 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] Election Commission in
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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
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. Time for Filing Substituted Nomination
Certificates.--(a) Substituted nomination certificates to fill
vacancies caused by the withdrawal of candidates nominated at
primaries or by nomination papers shall be filed with the
[Secretary of the Commonwealth] Election Commission or proper
county board of elections, as the case may be, at least seventy-
five (75) days before the day of the general or municipal
election: Provided, however, That no substituted nomination
certificate by a political body may be filed until after the
primary election.
* * *
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Section 984. Certification of Nominees by [Secretary of the
Commonwealth] Election Commission to County Boards.--The
[Secretary of the Commonwealth] Election Commission 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 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.--* *
*
(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]
Election Commission 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
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peace shall be filed in the office of the county board of
elections at least fifty (50) days prior to a municipal
election.
* * *
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 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] Election
Commission 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
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.
* * *
Section 995. [Secretary of the Commonwealth] Election
Commission or County Board of Elections to Examine Nomination
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Certificates and Nomination Papers to Fill Certain Vacancies;
Review.--(a) It shall be the duty of the [Secretary of the
Commonwealth] Election Commission or the proper county board of
elections, as the case may be, to examine as to legal
sufficiency, in the manner and under the provisions of section
nine hundred seventy-six of this act, all nomination
certificates and nomination papers brought to his or its office
for the purpose of filing for the nomination of candidates for a
general or municipal election, as the case may be, in accordance
with the provisions of section nine hundred ninety-three of this
act, and if manifestly defective they shall not be filed.
(b) No such certificate of nomination or nomination paper
shall be refused by the [Secretary of the Commonwealth] Election
Commission or the county board of elections except for a reason
provided for in section nine hundred seventy-six of this act.
(c) The action of the [Secretary of the Commonwealth]
Election Commission or the county board of elections in refusing
to accept and file any such certificate or paper may be reviewed
by the court upon an application to compel its reception and
filing as of the date when it was brought to said office.
Section 997. Withdrawals of Candidates Nominated to Fill
Certain Vacancies at a November Election.--(a) Any person who
has been nominated by any political party or political body to
fill certain vacancies at a November election in accordance with
the provisions of section nine hundred ninety-three of this act
may withdraw his name from nomination by a request in writing
signed by him and acknowledged before an officer qualified and
empowered to administer oaths and filed in the office of the
officer or board with whom the nomination certificate or
nomination papers were filed within three (3) days next
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succeeding the last day for filing nomination certificates or
papers. Such withdrawals to be effective must be received at the
office of the [Secretary of the Commonwealth] Election
Commission not later than five (5) o'clock P. M. or at the
county board of elections not later than the ordinary closing
hour of its office on the last day for filing same.
* * *
Section 999.1. Candidates to Fill Certain Vacancies;
Certification of Nominees by [Secretary of the Commonwealth]
Election Commission to County Election Boards.--The [Secretary
of the Commonwealth] Election Commission shall certify, in
accordance with section nine hundred eighty-four of this act,
the names and residences of and parties or political bodies
represented by all candidates whose nomination certificates or
papers have been filed with him in accordance with the
provisions of section nine hundred ninety-three or subdivision
(e) of this act for a general or municipal election, as the case
may be, and have not been found and declared invalid, and to be
voted for in the county or any district or districts thereof.
Section 1002. Form of Official Primary Ballot.--* * *
(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]
Election Commission or his or her designee.
Section 4. Section 1004 of the act, amended March 27, 2020
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(P.L.41, No.12), is amended to read:
Section 1004. Form of Ballots; Printing Ballots.--From the
lists furnished by the [Secretary of the Commonwealth] Election
Commission 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 office of school director in
districts where that office is elective or the office of justice
of the peace be printed as a candidate for 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.
Section 5. Sections 1103(d), 1104(a)(1), (d), (e) and (f),
1104.1, 1106(a), (b), (c) and (e), 1107 introductory paragraph,
1110(b) and (l), 1111(f), 1103-A(d), 1104-A(a), (c) and (d),
1105-A, 1106-A(b) and 1107-A introductory paragraph and (11) of
the act are amended to read:
Section 1103. Placing the Question on the Ballot; Election
Thereon.--
* * *
(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
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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 voting "Yes" and of the total number of
electors 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] Election
Commission, and to the county commissioners or other
appropriating authority.
* * *
Section 1104. Installation of Voting Machines.--(a) (1) If
a majority of the qualified electors 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] Election Commission, 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] Election Commission, 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 of the
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election district in accordance with section 530.
* * *
(d) If the question hereinbefore provided shall have been
submitted to the qualified electors of the county, city, borough
or township, and the majority of the electors 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] Election
Commission 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] Election
Commission, 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 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
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necessary expense incidental thereto, shall be the debt of the
said county, and, upon the certificate of the [Secretary of the
Commonwealth] Election Commission, 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] Election Commission, 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.
* * *
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 of the county, and the
majority of the electors 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] Election Commission, 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] Election Commission for
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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] Election Commission.--
(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]
Election Commission to examine the machine. Any ten or more
persons, being qualified electors of this Commonwealth, may, at
any time, request the [Secretary of the Commonwealth] Election
Commission 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] Election
Commission may, at any time, in his discretion, reexamine any
voting machine.
(b) The [Secretary of the Commonwealth] Election Commission
shall thereupon 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] Election
Commission 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
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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 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.
(c) No kind of voting machine not so approved shall be used
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 at elections
as provided in this act, the approval of the same shall
forthwith be revoked by the [Secretary of the Commonwealth]
Election Commission, and no such voting machine shall thereafter
be purchased for use in this Commonwealth.
* * *
(e) Neither the [Secretary of the Commonwealth] Election
Commission, nor any examiner appointed by him for the purpose
prescribed by this section, nor any member of a county election
board shall have any pecuniary interest in any voting machine,
or in the manufacture or sale thereof.
* * *
Section 1107. Requirements of Voting Machines.--No voting
machine shall, upon any examination or reexamination, be
approved by the [Secretary of the Commonwealth] Election
Commission, or by any examiner appointed by him, unless it
shall, at the time, satisfy the following requirements:
* * *
Section 1110. Form of Ballot Labels on Voting Machines.--
* * *
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(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
register or record votes therefor. Each question to be voted on
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] Election Commission in the case of
constitutional amendments or other questions to be voted on by
the electors of the State at large, and by the county election
board in other cases.
* * *
(l) At the written request of a State committee, filed with
the party rules and on the deadline prescribed 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]
Election Commission or his or her designee.
* * *
Section 1111. Preparation of Voting Machines by County
Election Boards.--
* * *
(f) The county election board shall furnish, at the expense
of the county, all ballot labels, forms of certificates,
returns, and other papers and supplies, required under the
provisions of this act, all of which shall be in the form, and
according to the specifications, prescribed, from time to time,
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by the [Secretary of the Commonwealth] Election Commission.
Section 1103-A. Placing the Question on the Ballot; Election
Thereon.--* * *
(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 voting "Yes" and of the total number of
electors 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] Election
Commission, and to the county commissioners or other
appropriating authority of the county or municipality.
* * *
Section 1104-A. Installation of Electronic Voting Systems.--
(a) If a majority of the qualified registered electors 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] Election Commission, and the board shall
thereafter notify the [Secretary of the Commonwealth] Election
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Commission, in writing, that they have done so.
* * *
(c) If the question hereinbefore provided shall have been
submitted to the qualified registered electors of the county or
municipality and the majority of the electors 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] Election Commission 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] Election Commission, 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, 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
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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] Election
Commission, 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] Election Commission 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.
* * *
Section 1105-A. Examination and Approval of Electronic
Voting Systems by the [Secretary of the Commonwealth] Election
Commission.--(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] Election Commission 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] Election Commission. Any ten or more persons,
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being qualified registered electors of this Commonwealth, may,
at any time, request the [Secretary of the Commonwealth]
Election Commission 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 Treasurer of the
Commonwealth a reexamination fee of four hundred fifty dollars
($450). The [Secretary of the Commonwealth] Election Commission
may, at any time, in his discretion, reexamine any such system
therefore examined and approved by him. The [Secretary of the
Commonwealth] Election Commission 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] Election Commission 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] Election
Commission, the report of the [secretary] Election Commission
shall specify the capacity of the components of that system, the
number of voters who may reasonably be accommodated by the
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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 in any
election district in which the voting system is to be used, such
specifications being based upon the [secretary's] Election
Commission's examination of the system. Any county which
thereafter may adopt any such approved system shall provide the
components of such 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] Election Commission. 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] Election Commission.
(c) No electronic voting system not so approved shall be
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]
Election Commission, 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] Election
Commission nor any member of a county board of elections shall
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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.--* * *
(b) The [Secretary of the Commonwealth] Election Commission
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 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 1107-A. Requirements of Electronic Voting Systems.--
No electronic voting system shall, upon any examination or
reexamination, be approved by the [Secretary of the
Commonwealth] Election Commission, or by any examiner appointed
by him, unless it shall be established that such system, at the
time of such examination or reexamination:
* * *
(11) Is suitably designed for the purpose used, is
constructed in a neat and workmanlike manner of durable material
of good quality, is safely and efficiently useable in the
conduct of elections and, with respect to the counting of
ballots cast at each district, is suitably designed and equipped
to be capable of absolute accuracy, which accuracy shall be
demonstrated to the [Secretary of the Commonwealth] Election
Commission.
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* * *
Section 6. Section 1109-A(b) and (e) of the act, amended
March 27, 2020 (P.L.41, No.12), are amended to read:
Section 1109-A. Forms.--* * *
(b) Ballot labels shall be printed in plain clear type, of
such size and arrangement as to fit the construction of the
voting device; and they shall be printed in a manner prescribed
by the [Secretary of the Commonwealth] Election Commission to
identify different ballots or parts of a ballot and in primary
elections to identify each political party.
* * *
(e) In primary elections, the [Secretary of the
Commonwealth] Election Commission shall prescribe a method to
ensure that the elector votes the correct ballot.
* * *
Section 7. Sections 1110-A(a), (b) and (b.1) and 1112-A(b)
(6) of the act are amended to read:
Section 1110-A. Supplies; Preparation of the Voting System
and of Polling Places.--(a) Prior to any election in which an
electronic voting system is to be used, the county board of
elections shall furnish to each election district, at the
expense of the county, the elements of such voting system,
including voting devices, automatic tabulating equipment, ballot
boxes, ballot labels, ballots, ballot envelopes, forms of
certificates, returns and other records and supplies, as are
necessary for the proper operation of the voting system at the
election district level or as are required under the provisions
of this act, all of which shall be in the form and according to
the specifications prescribed from time to time by the
[Secretary of the Commonwealth] Election Commission.
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(b) Unless the voting device itself enables the voter to
register his vote in secret, the county board of elections shall
provide voting booths for each election district, which shall be
of a size and design which shall enable the voter to register
his vote in secret. The county board shall determine the number
of voting devices and voting booths to be provided in each such
district in order to satisfy the minimum capacity standards
prescribed by the [Secretary of the Commonwealth] Election
Commission.
(b.1) The county board of elections shall furnish supplies
to each election district which shall enable the voter to insert
the ballot into the district automatic tabulating equipment in
secret. The supplies shall be in the form and according to the
specifications prescribed by the [Secretary of the Commonwealth]
Election Commission.
* * *
Section 1112-A. Election Day Procedures and the Process of
Voting.--* * *
(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:
* * *
(6) Following the completion of his vote, the voter shall
leave the voting booth and return the ballot to the election
officer by a means designed to insure its secrecy as prescribed
by the [Secretary of the Commonwealth] Election Commission; 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
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equipment is inoperative for any reason, into a secure ballot
box.
Section 8. The definitions of "bond", "department" and
"voting apparatus" in section 1101-B of the act are amended to
read:
Section 1101-B. 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:
* * *
"Bond." Any type of revenue obligation, including a bond or
series of bonds, note, certificate or other instrument, issued
by the authority for the benefit of the [department] Election
Commission under this article.
* * *
["Department." The Department of State of the Commonwealth.]
* * *
"Voting apparatus." A kind or type of electronic voting
system that received the approval of the [Secretary of the
Commonwealth] Election Commission under section 1105-A.
Section 9. Sections 1102-B(b)(1), 1103-B(a) and (b)(1),
1104-B(a) and (b), 1106-B, 1107-B, 1108-B(1), 1110-B, 1111-B,
1112-B, 1203, 1206.2(a), (b) and (c), 1210(a.4)(11) and 1228(a)
of the act are amended to read:
Section 1102-B. Bond issuance.
* * *
(b) Authority.--Notwithstanding any other law, the following
shall apply:
(1) The [department] Election Commission may be a
project applicant under the Financing Law and may apply to
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the authority for the funding of the replacement of voting
apparatuses.
* * *
Section 1103-B. Criteria for bond issuance.
(a) Determination.--If the [department] Election Commission
decertifies one or more voting apparatuses that are in use in
any county of this Commonwealth, the [department] Election
Commission shall apply to the authority to issue bonds for
reimbursements to each county for the cost of procuring new
voting apparatuses.
* * *
(b) Terms.--
(1) The [department] Election Commission, with the
approval of the Office of the Budget, shall specify in its
application to the authority:
(i) the maximum principal amount of the bonds for
each bond issue; and
(ii) the maximum term of the bonds consistent with
applicable law.
* * *
Section 1104-B. Issuance of bonds, security and sources of
payments.
(a) Issuance.--The authority shall consider issuance of
bonds upon application by the [department] Election Commission.
Bonds issued under this article shall be subject to the
provisions of the Financing Law, unless otherwise specified
under this article.
(b) Service agreement authorized.--The authority and the
[department] Election Commission may enter into an agreement or
service agreement to effectuate this article, including an
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agreement to secure bonds issued for the purposes under section
1102-B(b), pursuant to which the [department] Election
Commission shall agree to pay the bond obligations and bond
administrative expenses to the authority in each fiscal year
that the bonds or refunding bonds are outstanding in amounts
sufficient to timely pay in full the bond obligations, bond
administrative expenses and any other financing costs due on the
bonds issued for the purposes under section 1102-B(b). The
[department's] Election Commission's payment of the bond
obligations, bond administrative expenses and other financing
costs due on the bonds as service charges under an agreement or
service agreement shall be subject to and dependent upon the
appropriation of funds by the General Assembly to the
[department] Election Commission for payment of the service
charges. The service agreement may be amended or supplemented by
the authority and the [department] Election Commission in
connection with the issuance of any series of bonds or refunding
bonds authorized under this section.
* * *
Section 1106-B. Deposit of bond proceeds.
The net proceeds of bonds, other than refunding bonds,
exclusive of costs of issuance, reserves and any other financing
charges, shall be transferred by the authority to the State
Treasurer for deposit into a restricted account established in
the State Treasury and held solely for the purposes under
section 1102-B(b) to be known as the County Voting Apparatus
Reimbursement Account. The [department] Election Commission
shall pay out the bond proceeds to the counties from the account
in accordance with this article.
Section 1107-B. Payment of bond-related obligations.
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For each fiscal year in which bond obligations and bond
administrative expenses will be due, the authority shall notify
the [department] Election Commission of the amount of bond
obligations and the estimated amount of bond administrative
expenses in sufficient time, as determined by the [department]
Election Commission, to permit the [department] Election
Commission to request an appropriation sufficient to pay bond
obligations and bond administrative expenses that will be due
and payable in the following fiscal year. The authority's
calculation of the amount of bond obligations and bond
administrative expenses that will be due shall be subject to
verification by the [department] Election Commission.
Section 1108-B. Commonwealth not to impair bond-related
obligations.
The Commonwealth pledges that it shall not do any of the
following:
(1) Limit or alter the rights and responsibilities of
the authority or the [department] Election Commission under
this article, including the responsibility to:
(i) pay bond obligations and bond administrative
expenses; and
(ii) comply with any other instrument or agreement
pertaining to bonds.
* * *
Section 1110-B. Personal liability.
The members, directors, officers and employees of the
[department] Election Commission and the authority shall not be
personally liable as a result of good faith exercise of the
rights and responsibilities granted under this article.
Section 1111-B. Annual report.
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No later than March 1 of the year following the first full
year in which bonds have been issued under this article and for
each year thereafter in which bond obligations existed in the
prior year, the [department] Election Commission shall submit an
annual report to the chair and minority chair of the
Appropriations Committee of the Senate, the chair and minority
chair of the Appropriations Committee of the House of
Representatives, the chair and minority chair of the State
Government Committee of the Senate and the chair and minority
chair of the State Government Committee of the House of
Representatives providing all data available on bonds issued or
existing in the prior year. The report shall include existing
and anticipated bond principal, interest and administrative
costs, revenue, repayments, refinancing, overall benefits to
counties and any other relevant data, facts and statistics that
the [department] Election Commission believes necessary in the
content of the report.
Section 1112-B. Reimbursement of county voting apparatus
expenses.
(a) Application.--A county may apply to the [department]
Election Commission to receive funding to replace the county's
voting apparatuses or to reimburse the county's cost to purchase
or lease by capital lease voting apparatuses. Each county shall
submit an application for funding on a form containing
information and documentation prescribed by the [department]
Election Commission no later than July 1, 2020.
(b) Documentation for prior purchase or lease.--If a county
seeks reimbursement of the county's cost to purchase or lease by
capital lease a voting apparatus that the county purchased or
leased before the date that the county submits its application
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to the [department] Election Commission, the county's
application shall include documentation prescribed by the
[department] Election Commission to substantiate the county's
cost to purchase or lease the voting apparatus, including copies
of fully executed voting apparatus contracts, invoices and proof
of payment to the vendor of the voting apparatus.
(c) Documentation for subsequent purchase or lease.--If a
county seeks funding to purchase or lease by capital lease a
voting apparatus that the county will purchase or lease after
the date that the county submits its application to the
[department] Election Commission, the county's application shall
include documentation prescribed by the [department] Election
Commission to substantiate the county's estimate to purchase or
lease the voting apparatus, including copies of fully executed
voting apparatus contracts, bids or price quotes submitted to
the county by voting apparatus vendors and other price estimates
or cost proposals.
(d) Review.--The [department] Election Commission shall
review each county application on a rolling basis and shall
either approve or deny each county's application within 90 days
of the date the application is received by the [department]
Election Commission. A county may supplement or amend submitted
applications during the 90-day review period in consultation
with the [department] Election Commission.
(e) Approval for prior purchase or lease.--If the
[department] Election Commission approves a county's application
submitted under subsection (b), the [department] Election
Commission and the county shall enter into a written grant
agreement through which the [department] Election Commission
shall reimburse the county at the amount determined under
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subsection (g).
(f) Approval for subsequent purchase or lease.--If the
[department] Election Commission approves a county's application
under subsection (c), the [department] Election Commission and
the county shall enter into a written grant agreement through
which the [department] Election Commission will provide funding
to reimburse the county's cost to purchase or lease a voting
apparatus at the amount determined under subsection (g). The
county shall hold the grant money in an account of the county
that is separate from each other county account. The county
shall deliver quarterly reports to the [department] Election
Commission of the voting apparatus costs paid from the grant
money in a form prescribed by the [department] Election
Commission. The county shall return any unspent grant money to
the [department] Election Commission within 30 days of the
expiration of the grant agreement.
(g) Payments.--
(1) A county shall only receive amounts under this
section to the extent that the [department] Election
Commission has bond proceeds available in the account from
which to make payments.
(2) Except as provided under paragraph (3), a county
which submitted an application approved under subsection (e)
or (f) shall receive 60% of the total amount submitted under
subsection (b) or (c) which may be reimbursed or paid.
(3) If the total amount submitted by all counties under
paragraph (2) exceeds the total amount available for
reimbursement or payment, a county shall receive a portion of
the amount available equal to the total amount submitted by
the county under subsection (b) or (c) which may be
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reimbursed or paid, divided by the total amount submitted by
all counties under subsection (b) or (c) which may be
reimbursed or paid.
(4) If any bond proceeds remain after the [department]
Election Commission has issued all reimbursements in
accordance with paragraphs (1), (2) and (3), the [department]
Election Commission may utilize the remaining balance for
grants for counties for the purchase and distribution to the
counties of election security equipment. The [department]
Election Commission shall provide notice to each county no
later than 30 days prior to receiving applications for grants
under this paragraph.
(h) Certification.--A county shall only receive the
reimbursement or funding under this article after making a
certification to the [department] Election Commission, the
President pro tempore of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the Senate, the Minority
Leader of the House of Representatives, the chair and minority
chair of the Appropriations Committee of the Senate, the chair
and minority chair of the Appropriations Committee of the House
of Representatives, the chair and minority chair of the State
Government Committee of the Senate and the chair and minority
chair of the State Government Committee of the House of
Representatives that the county has completed a program under 25
Pa.C.S. § 1901(b)(1) (relating to removal of electors) and
mailed notices required under 25 Pa.C.S. § 1901(b)(3) within the
prior 12 months. The certification shall include information on
whether the county has undertaken a canvass under 25 Pa.C.S. §
1901(b)(2).
(i) [Department] Election Commission application.--The
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[department] Election Commission shall apply to the authority
for funding under section 1102-B only if the [department]
Election Commission has approved county applications under this
article which total at least $50,000,000.
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] Election Commission
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 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 1206.2. Title III Complaints.--The [Department of
State] Election Commission shall establish within the [Bureau of
Commissions, Elections and Legislation] Election Commission a
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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] Election Commission 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] Election Commission 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] Election Commission 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.
(5) The [Department of State] Election Commission 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] Election Commission 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.
(c) Where a complaint pertains to the [Department of State]
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Election Commission the following procedure shall apply:
(1) The [Department of State] Election Commission shall
forward the complaint to the Office of General Counsel within
three business days of receipt.
(2) The [Department of State] Election Commission 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] Election Commission 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.
* * *
Section 1210. Manner of Applying to Vote; Persons Entitled
to Vote; Voter's Certificates; Entries to Be Made in District
Register; Numbered Lists of Voters; Challenges.--* * *
(a.4) * * *
(11) The [department] Election Commission 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.
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* * *
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] Election
Commission. 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, 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
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