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A06285
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2407
Session of
2020
INTRODUCED BY EVERETT, RYAN, ZABEL, SCHMITT, ULLMAN, WEBSTER,
BOBACK, JAMES, MILLARD, PICKETT, STAATS, MENTZER, SCHWEYER,
DONATUCCI, DeLUCA AND ROZZI, APRIL 14, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 14, 2020
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in preliminary provisions, further providing for
definitions; in qualifications of electors, further providing
for qualifications of electors at primaries; in party
organization, further providing for only enrolled electors to
vote at primaries or hold party offices; in nomination of
candidates, further providing for candidates to be nominated
and party officers to be elected at primaries and providing
for procedure for unenrolled electors to cast primary
ballots; in preparation for and conduct of primaries and
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; in voting by qualified absentee electors, further
providing for official absentee voters ballots; and, in
voting by qualified mail-in electors, further providing for
official mail-in elector ballots.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1303(e) and 1303-D(e) of the act of June
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3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code, amended March 27, 2020 (P.L. , No.12), are amended to
read:
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
this act, shall have the following meanings, unless otherwise
clearly apparent from the context:
* * *
(z.7) The words "unenrolled elector" shall mean a person who
is registered to vote within an election district having
selected "none" or "no affiliation" in regard to a political
party or political body as defined under section 801 of this act
on their Pennsylvania voter registration application.
Section 2. Sections 702, 802, 810 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
the provisions of this act, shall be permitted to vote the
ballot of such party or any other party ballot at any primary].
(b) Unenrolled electors shall be permitted to vote in
primary elections in accordance with the procedures specified in
section 902.1 of this act and 25 Pa.C.S. § 1326 (relating to
time) .
Section 802. Only Enrolled Electors to [Vote at Primaries
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or] Hold Party Offices.--No person who is not registered and
enrolled as a member of a political party shall be entitled to
[vote at any primary of such party or to] be elected or serve as
a party officer, or a member or officer of any party committee,
or delegate or alternate delegate to any party convention.
Section 810. Who Shall Be Declared Elected Members of
National or State Committee and Party Offices.--Candidates of
the various political parties for the office of member of the
State committee, or for the office of member of the National
committee, in cases where the rules of the party provide that
such office shall be filled by a vote of the party electors, who
receive a plurality of the votes of the party electors at a
primary, shall, except as provided under section 1405, be the
duly elected members of the State or National committee, as the
case may be, of their respective parties. Candidates for other
party offices, who receive a plurality of the votes of the party
electors at a primary, shall, except as provided under section
1405, be the party officers of their respective parties.
Section 902. Candidates to Be Nominated and Party Officers
to Be Elected at Primaries.--All candidates of political
parties, as defined in section 801 of this act, for the offices
of President of the United States, United States Senator,
Representative in Congress and for all other elective public
offices within this State, except that of presidential electors,
shall be nominated, and party delegates and alternate delegates,
committeemen and officers who, under the provisions of Article
VIII of this act or under the party rules, are required to be
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
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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
set forth in section 902.1 of this act.
Section 3. The act is amended by adding a section to read:
Section 902.1. Procedure for Unenrolled Electors to Cast
Primary Ballots.--Upon confirming an unenrolled elector's status
as a registered elector, the elections officer shall ask the
unenrolled elector in which political party's primary the
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.
Section 4. Section 1210(d) of the act is amended to read:
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.--* * *
(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
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which he resides, nor shall he be permitted to vote in the
election district in which he resides, unless he has been
personally registered as an elector and his registration card
appears in the district register of such election district,
except by order of the court of common pleas as provided in this
act, and any person, although personally registered as an
elector, may be challenged by any qualified elector, election
officer, overseer, or watcher at any primary or election as to
his identity, as to his continued residence in the election
district or as to any alleged violation of the provisions of
section 1210 of this act, and if challenged as to identity or
residence, he shall produce at least one qualified elector of
the election district as a witness, who shall make affidavit of
his identity or continued residence in the election district:
Provided, however, That no person shall be entitled to vote as a
member of a party at any primary, unless he is:
(1) registered and enrolled as a member of such party upon
the district register, which enrollment shall be conclusive as
to [his] party membership and shall not be subject to challenge
on the day of the primary[.]; or
(2) an unenrolled elector, in which case the person may vote
for the candidates of the party of the unenrolled elector's
choice in accordance with the procedures set forth in section
902.1 of this act. 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. Sections 1303(e) and 1303-D(e) of the act,
amended March 27, 2020 (P.L.41, No.12), are amended to read:
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Section 1303. Official Absentee Voters Ballots.--* * *
(e) The official absentee voter ballot shall state that an
elector who receives an absentee ballot pursuant to section 1301
and whose voted ballot is not timely received by the commission
and who, on election day, is capable of voting at the
appropriate polling place may only vote on election day by
provisional ballot unless the elector brings the elector's
absentee ballot to the elector's polling place, remits the
ballot and the envelope containing the declaration of the
elector to the judge of elections to be spoiled and signs a
statement subject to the penalties under 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities) to the same
effect. The Secretary of the Commonwealth shall prescribe the
text and the manner by which the notice under this subsection
shall be printed on a ballot.
Section 1303-D. Official mail-in elector ballots.
* * *
(e) Notice.--The official mail-in voter ballot shall state
that a voter who receives a mail-in ballot under section 1301-D
and whose voted mail-in ballot is not timely received may only
vote on election day by provisional ballot unless the elector
brings the elector's mail-in ballot to the elector's polling
place, remits the ballot and the envelope containing the
declaration of the elector to the judge of elections to be
spoiled and signs a statement subject to the penalties of 18
Pa.C.S. § 4904 (relating to unsworn falsification to
authorities) to the same effect. The Secretary of the
Commonwealth shall prescribe the text and the manner by which
the notice under this subsection shall be printed on a ballot.
Section 2 6. The amendment of sections 1303(e) and 1303-D(e)
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of the act shall apply to elections held on or after November 3,
2020.
Section 3 7. This act shall take effect immediately.
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