PRIOR PRINTER'S NO. 1000

PRINTER'S NO. 2158

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

979

Session of

2023

INTRODUCED BY SOLOMON, RABB, SAPPEY, MADDEN, ZABEL, HADDOCK,

VENKAT, GUENST, HILL-EVANS, SCHWEYER, KHAN, FLEMING,

ISAACSON, McNEILL, GAYDOS, FRANKEL, CERRATO AND FRIEL,

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

ballots; and, 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 APPLICATIONS FOR OFFICIAL ABSENTEE

BALLOTS; IN VOTING BY QUALIFIED MAIL-IN ELECTORS, FURTHER

PROVIDING FOR APPLICATIONS FOR OFFICIAL MAIL-IN BALLOTS; IN

RETURNS OF PRIMARIES AND ELECTIONS, FURTHER PROVIDING FOR

COMPUTATION OF RETURNS BY COUNTY BOARD, CERTIFICATION AND

AT PRIMARY.

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

this act, shall have the following meanings, unless otherwise

clearly apparent from the context:

* * *

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 FOR THE NOMINATION FOR CANDIDATES FOR PUBLIC

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 OR VOTE FOR 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

of President of the United States, United States Senator,

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.] act . In a primary

election conducted in this Commonwealth, all unenrolled electors

shall have the opportunity to vote in accordance with the

procedures provided under section 902.1.

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'S CERTIFICATE SHALL BE A FORM PRESCRIBED BY

THE SECRETARY OF THE COMMONWEALTH. 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.

(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 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,

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

election shall not preclude the unenrolled elector from choosing

a different party in a subsequent primary election.

* * *

Section 5. This act shall take effect in 60 days.

SECTION 1302. APPLICATIONS FOR OFFICIAL ABSENTEE BALLOTS.--*

* *

(B) AN APPLICATION FOR A QUALIFIED ELECTOR UNDER SUBSECTION

(A) SHALL CONTAIN THE FOLLOWING INFORMATION: HOME RESIDENCE AT

THE TIME OF ENTRANCE INTO ACTUAL MILITARY SERVICE OR FEDERAL

EMPLOYMENT, LENGTH OF TIME A CITIZEN, LENGTH OF RESIDENCE IN

PENNSYLVANIA, DATE OF BIRTH, LENGTH OF TIME A RESIDENT OF VOTING

PRIMARY, NAME AND, FOR A MILITARY ELECTOR, HIS STATESIDE

THE NATURE OF HIS EMPLOYMENT, THE ADDRESS TO WHICH BALLOT IS TO

BE SENT, RELATIONSHIP WHERE NECESSARY, AND SUCH OTHER

INFORMATION AS MAY BE DETERMINED AND PRESCRIBED BY THE SECRETARY

OF THE COMMONWEALTH. UNENROLLED ELECTORS WHO WISH TO VOTE IN A

PRIMARY SHALL SPECIFY WHICH POLITICAL PARTY'S BALLOT THEY ARE

SEEKING. UPON CONFIRMING AN UNENROLLED ELECTOR'S STATUS AS A

REGISTERED ELECTOR, THE COUNTY BOARD SHALL RECORD AND PROCESS

THE APPLICATION ACCORDINGLY. WHEN SUCH APPLICATION IS RECEIVED

BY THE SECRETARY OF THE COMMONWEALTH IT SHALL BE FORWARDED TO

HER EMPLOYMENT, THE ADDRESS TO WHICH BALLOT IS TO BE SENT,

RELATIONSHIP WHERE NECESSARY, AND OTHER INFORMATION AS MAY BE

DETERMINED AND PRESCRIBED BY THE SECRETARY OF THE COMMONWEALTH.

UNENROLLED ELECTORS WHO WISH TO VOTE IN A PRIMARY SHALL SPECIFY

WHICH POLITICAL PARTY'S BALLOT THEY ARE SEEKING. UPON CONFIRMING

AN UNENROLLED ELECTOR'S STATUS AS A REGISTERED ELECTOR, THE

COUNTY BOARD SHALL RECORD AND PROCESS THE APPLICATION

ACCORDINGLY. WHEN THE APPLICATION IS RECEIVED BY THE SECRETARY

OF THE COMMONWEALTH IT SHALL BE FORWARDED TO THE PROPER COUNTY

BOARD OF ELECTION.

THE FOLLOWING INFORMATION:

(I) DATE OF BIRTH.

(II) LENGTH OF TIME A RESIDENT OF VOTING DISTRICT.

(III) VOTING DISTRICT, IF KNOWN.

(IV) PARTY CHOICE IN CASE OF PRIMARY.

(V) NAME.

(2) A QUALIFIED ELECTOR SHALL, IN ADDITION, SPECIFY THE

ADDRESS TO WHICH THE BALLOT IS TO BE SENT, THE RELATIONSHIP

WHERE NECESSARY AND OTHER INFORMATION AS MAY BE DETERMINED BY

SEEKING. UPON CONFIRMING AN UNENROLLED ELECTOR'S STATUS AS A

REGISTERED ELECTOR, THE COUNTY BOARD SHALL RECORD AND PROCESS

THE APPLICATION ACCORDINGLY.

* * *

SECTION 1404. COMPUTATION OF RETURNS BY COUNTY BOARD;

CERTIFICATION; ISSUANCE OF CERTIFICATES OF ELECTION.--

* * *

(B) IT SHALL BE THE DUTY OF EACH BOARD OF REGISTRATION

COMMISSIONERS IN EACH COUNTY, BEFORE THE TIME FIXED FOR THE

COUNTY BOARD TO CONVENE FOR PURPOSE OF COMPUTING AND CANVASSING

SAID REGISTRATION AND ENROLLMENT FIGURES WITH THE CERTIFICATES

RETURNED BY THE ELECTION OFFICERS SHOWING THE NUMBER OF PERSONS

WHO VOTED IN EACH DISTRICT OR THE NUMBER OF BALLOTS CAST. IF,

UPON CONSIDERATION BY SAID RETURN BOARD OF THE RETURNS BEFORE IT

FROM ANY ELECTION DISTRICT AND THE CERTIFICATES AFORESAID, IT

SHALL APPEAR THAT THE TOTAL VOTE RETURNED FOR ANY CANDIDATE OR

CANDIDATES FOR THE SAME OFFICE OR NOMINATION OR ON ANY QUESTION

EXCEEDS THE NUMBER OF REGISTERED OR ENROLLED ELECTORS IN SAID

ELECTION DISTRICT OR EXCEEDS THE TOTAL NUMBER OF PERSONS WHO

BELONGING TO THAT PARTY WHO VOTED IN SAID DISTRICT OR THE TOTAL

NUMBER OF BALLOTS OF THAT PARTY CAST THEREIN, IN ANY SUCH CASE,]

SUCH EXCESS SHALL BE DEEMED A DISCREPANCY AND PALPABLE ERROR,

AND SHALL BE INVESTIGATED BY THE RETURN BOARD, AND NO VOTES

SHALL BE RECORDED FROM SUCH DISTRICT UNTIL SUCH INVESTIGATION

SHALL BE HAD, AND SUCH EXCESS SHALL AUTHORIZE--(A) THE SUMMONING

OF THE ELECTION OFFICERS, OVERSEERS, MACHINE INSPECTORS, AND

CLERKS TO APPEAR FORTHWITH WITH ANY ELECTION PAPERS IN THEIR

POSSESSION; (B) THE PRODUCTION OF THE BALLOT BOX BEFORE THE

RETURN BOARD, AND THE EXAMINATION AND SCRUTINY OF ALL OF ITS

RESPECTING THE PARTICULAR OFFICE, NOMINATION, OR QUESTION AS TO

WHICH THE EXCESS EXISTS, IN THE DISCRETION OF THE RETURN BOARD;

(C) THE CORRECTION OF THE RETURNS IN ACCORDANCE WITH THE RESULT

OF SAID RECOUNT; (D) IN THE DISCRETION OF THE RETURN BOARD, THE

EXCLUSION OF THE POLL OF THAT DISTRICT, EITHER AS TO ALL

OFFICES, CANDIDATES, QUESTIONS, AND PARTIES, OR AS TO ANY

PARTICULAR OFFICES, CANDIDATES, QUESTIONS, OR PARTIES AS TO

WHICH SAID EXCESS EXISTS, IF THE BALLOT BOX BE FOUND TO CONTAIN

MORE BALLOTS THAN THERE ARE ELECTORS REGISTERED OR ENROLLED IN

SUCH ACTION APPEARS TO BE WARRANTED.

* * *

SECTION 1824. ELECTION OFFICERS REFUSING TO PERMIT ELECTOR

TO VOTE IN PROPER PARTY AT PRIMARIES.--ANY JUDGE, INSPECTOR OR

CLERK OF ELECTION WHO REFUSES TO PERMIT AN ELECTOR AT ANY

PRIMARY AT WHICH BALLOTS ARE USED TO RECEIVE THE BALLOT OF THE

PARTY WITH WHICH HE IS [ENROLLED] ENTITLED TO VOTE, OR WHO GIVES

TO ANY SUCH ELECTOR THE BALLOT OF ANY PARTY IN WHICH HE IS NOT

[ENROLLED] ENTITLED TO VOTE, OR ANY JUDGE, OR INSPECTOR OF

ELECTION, OR MACHINE INSPECTOR WHO, AT ANY PRIMARY AT WHICH