PRINTER'S NO. 651

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

400

Session of

2023

INTRODUCED BY LAUGHLIN, BOSCOLA, COLLETT, DiSANTO, HAYWOOD,

PENNYCUICK, CAPPELLETTI, SANTARSIERO, COMITTA, STEFANO,

COSTA, KEARNEY, BARTOLOTTA, SCHWANK AND STREET,

primary and election expenses and election contests; creating

and defining membership of county boards of elections;

imposing duties upon the Secretary of the Commonwealth,

courts, county boards of elections, county commissioners;

imposing penalties for violation of the act, and codifying,

revising and consolidating the laws relating thereto; and

repealing certain acts and parts of acts relating to

elections," in preliminary provisions, further providing for

definitions; in qualifications of electors, further providing

for qualifications of electors at primaries; in party

elections, further providing for manner of applying to vote,

persons entitled to vote, voter's certificates, entries to be

made in district register, numbered lists of voters and

challenges.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102 of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, is amended by

adding a definition to read:

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

a political party on their Pennsylvania voter registration

application .

Section 2. Sections 702, 802 and 902 of the act are amended

to read:

Section 702. Qualifications of Electors at Primaries.--(a)

The qualifications of electors entitled to vote at primaries

shall be the same as the qualifications of electors entitled to

vote at elections within the election district where the primary

is held[, provided that no elector who is not registered and

enrolled as a member of a political party, in accordance with

or] Hold Party Offices.--No person who is not registered and

enrolled as a member of a political party shall be entitled to

[vote at any primary of such party or to] be elected or serve as

a party officer, or a member or officer of any party committee,

or delegate or alternate delegate to any party convention.

Section 902. Candidates to Be Nominated and Party Officers

to Be Elected at Primaries.--All candidates of political

parties, as defined in section 801 of this act, for the offices

elected by the party electors, shall be elected at primaries

held in accordance with the provisions of this act[, except as

otherwise provided in this act. In the years when candidates for

the office of President of the United States are to be

nominated, every registered and enrolled member of a political

party shall have the opportunity at the Spring primary in such

years to vote his preference for one person to be the candidate

of his political party for President.]. In a primary election

conducted in this Commonwealth, all unenrolled electors shall

have the opportunity to vote in accordance with the procedures

unenrolled elector desires to vote, and the elections officer

upon reply shall record the unenrolled elector's selection upon

the unenrolled elector's certificate and for the purpose of that

ballot only shall be deemed enrolled in that party. The

unenrolled elector shall not sign the voter's certificate until

the elections officer has recorded the unenrolled elector's

desired political party on the certificate.

(b) The ballot provided to an unenrolled elector shall not

electors voting in a primary election.

(d) The county boards of elections shall prepare cards of

instruction and related materials in accordance with the

requirements of section 1202 and this section for unenrolled

electors voting in a primary election. The county boards of

elections shall prepare and deliver the official ballots and

related materials governing the participation of unenrolled

electors in a primary election to the judges of election in the

election districts in accordance with section 1204 and this

section.

the county boards of elections shall adjust absentee and mail-in

ballots and the applications for absentee and mail-in ballots

for unenrolled electors participating in a specific primary

election in accordance with the provisions of this act.

(g) The Department of State of the Commonwealth shall modify

the SURE system to ensure an unenrolled elector's ballot choice

in a specific primary election is properly documented and the

voter's unenrolled status is retained in subsequent primary

Register; Numbered Lists of Voters; Challenges.--* * *

(d) No person, except a qualified elector who is in actual

military or naval service under a requisition of the President

of the United States or by the authority of this Commonwealth,

and who votes under the provisions of Article XIII of this act,

shall be entitled or permitted to vote at any primary or

election at any polling place outside the election district in

which [he] the person resides, nor shall [he] the person be

permitted to vote in the election district in which [he] the

person resides, unless [he] the person has been personally

[his] identity, as to [his] continued residence in the election

district or as to any alleged violation of the provisions of

section 1210 of this act, and if challenged as to identity or

residence, [he] the person shall produce at least one qualified

elector of the election district as a witness, who shall make

affidavit of [his] the person's identity or continued residence

in the election district: Provided, however, That no person

shall be entitled to vote as a member of a party at any primary,

for the candidates of the party of the unenrolled elector's

choice in accordance with the procedures set forth in section

902.1. The unenrolled elector's choice of party at one primary

election shall not preclude the unenrolled elector from choosing

a different party in a subsequent primary election.

* * *

Section 5. This act shall apply to the next municipal or

general primary election held no less than 180 days after the

effective date of this section.