PRINTER'S NO. 768
No. 686 Session of 1997
INTRODUCED BY ARGALL, FICHTER, PLATTS, BROWNE, LEVDANSKY, RAMOS,
BARD, BOSCOLA, EGOLF AND LYNCH, MARCH 10, 1997
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 10, 1997
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," providing for primary ballot forms, for marking
12 ballots, for manner of voting, for canvassing, for
13 computation and certification of returns.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 1002(a) and (b) of the act of June 3,
17 1937 (P.L.1333, No.320), known as the Pennsylvania Election
18 Code, amended December 22, 1971 (P.L.613, No.165) and December
19 2, 1976 (P.L.1221, No.269), are amended to read:
20 Section 1002. Form of Official Primary Ballot.--(a) At
21 primaries separate official ballots shall be prepared for each
22 party which shall be in substantially the following form:
23 Official.................................. Primary Ballot.
1 (Name of Party)
2 ........District,........Ward, City of.......................,
3 County of............................, State of Pennsylvania
4 ........Primary election held on the.....day of........., 19...
5 Make a cross (X) or check ( ) in the square to the right of
6 each candidate for whom you wish to vote. If you desire to vote
7 for a person whose name is not on the ballot, write, print or
8 paste his name in the blank space provided for that purpose. To
9 indicate support for none of the candidates listed for any one
10 office, mark a cross (X) or check( ) in the square to the right
11 of the statement "none of the above" where it appears. Mark
12 ballot only in black lead pencil, indelible pencil or blue,
13 black or blue-black ink in fountain pen or ball point pen. Use
14 the same pencil or pen for all markings you place on the ballot.
15 President of the United States.
16 (Vote for one)
17 John Doe
18 Richard Roe
19 John Stiles
20 None of the Above
21 United States Senator.
22 (Vote for one)
23 John Doe
24 Richard Roe
25 John Stiles
26 None of the Above
27 Governor.
28 (Vote for one)
29 John Doe
30 Richard Roe
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1 John Stiles
2 None of the Above
3 Attorney General.
4 (Vote for one)
5 John Doe
6 Richard Roe
7 John Stiles
8 None of the Above
9 Auditor General.
10 (Vote for one)
11 John Doe
12 Richard Roe
13 John Stiles
14 None of the Above
15 Treasurer.
16 (Vote for one)
17 John Doe
18 Richard Roe
19 John Stiles
20 None of the Above
21 Representative in Congress....District.
22 (Vote for one)
23 John Doe
24 Richard Roe
25 John Stiles
26 None of the Above
27 Delegates at Large to National Convention.
28 (Vote for.....)
29 John Doe
30 (Committed to Jeremiah Smith)
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1 John Stiles
2 (Uncommitted)
3 Delegate to National Convention.....District.
4 (Vote for.....)
5 John Doe
6 (Committed to Jeremiah Smith)
7 John Stiles
8 (Uncommitted)
9 Senator in the General Assembly.....District.
10 (Vote for one)
11 John Doe
12 Richard Roe
13 John Stiles
14 None of the Above
15 Representative in the General Assembly.....District.
16 (Vote for one)
17 John Doe
18 Richard Roe
19 John Stiles
20 None of the Above
21 Member of State Committee.
22 (Vote for one)
23 John Doe
24 Richard Roe
25 John Stiles
26 Party Committeemen.
27 (Vote for.....)
28 John Doe
29 Richard Roe
30 John Stiles
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1 (b) On the back of each ballot shall be printed in prominent
2 type the words "OFFICIAL PRIMARY BALLOT OF ........PARTY FOR"
3 followed by the designation of the election district for which
4 it is prepared, the date of the primary and the facsimile
5 signatures of the members of the county board of elections. The
6 names of candidates shall in all cases be arranged under the
7 title of the office for which they are candidates, and be
8 printed thereunder in the order determined by the casting of
9 lots as provided by this act. Under the title of such offices
10 where more than one candidate is to be voted for, shall be
11 printed "Vote for not more than ........" (the blank space to
12 indicate the number of candidates to be voted for the particular
13 office.) At the right of the name of each candidate there shall
14 be a square of sufficient size for the convenient insertion of a
15 cross (x) or check ( ) mark. There shall be left at the end of
16 the list of candidates for each office (or under the title of
17 the office itself in case there be no candidates who have filed
18 nomination petitions therefor) as many blank spaces as there are
19 persons to be voted for, for such office, in which space the
20 elector may insert the name of any person whose name is not
21 printed on the ballot as a candidate for such office.
22 Immediately following the blank spaces which are left at the end
23 of each group of candidates seeking one of the executive or
24 legislative offices shall be printed, on a separate line, "none
25 of the above" and, at the right of this statement, a square of
26 sufficient size for the convenient insertion of a cross (X) or
27 check ( ) mark. For purposes of this subsection, the term
28 "candidates seeking one of the executive or legislative offices"
29 shall include persons seeking any of the following offices:
30 President of the United States, United States Senator, Governor,
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1 Attorney General, Auditor General, Treasurer, Representative in
2 Congress, and Senator or Representative in the General Assembly.
3 Opposite or under the name of each candidate, except candidates
4 for the office of President of the United States and candidates
5 for delegate or alternate delegate to a National Party
6 Convention, who is to be voted for by the electors of more than
7 one county, shall be printed the name of the county in which
8 such candidate resides; and opposite or under the name of each
9 candidate except candidates for delegate or alternate delegate
10 to a National Party Convention who is to be voted for by the
11 electors of an entire county or any congressional, senatorial or
12 representative district within the county, shall be printed the
13 name of the city, borough, township or ward, as the case may be,
14 in which such candidate resides.
15 * * *
16 Section 2. Section 1003(a) and (e) of the act, amended April
17 24, 1947 (P.L.68, No.33) and December 10, 1974 (P.L.835,
18 No.280), are amended to read:
19 Section 1003. Form of Official Election Ballot.--
20 (a) The official ballots for general, municipal and special
21 elections shall be in substantially the following form:
22 OFFICIAL BALLOT
23 ........... District, ........... Ward, City of ...............,
24 County of ................., State of Pennsylvania ............
25 Election held on the ..... day of .........., 19.. A cross (X)
26 or check ( ) mark in the square opposite the name of any
27 candidate indicates a vote for that candidate.
28 To vote a straight party ticket, mark a cross (X) or check
29 ( ) in the square, in the Party Column, opposite the name of the
30 party of your choice. To vote for an individual candidate of
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1 another party after making a mark in the party square, mark a
2 cross (X) or check ( ) opposite his name. For an office where
3 more than one candidate is to be voted for, the voter, after
4 marking in the party square, may divide his vote by marking a
5 cross (X) or check ( ) to the right of each candidate for whom
6 he or she desires to vote. For such office votes shall not be
7 counted for candidates not individually marked.
8 To vote for a person whose name is not on the ballot, write,
9 print or paste his name in the blank space provided for that
10 purpose. To indicate support for none of the candidates listed
11 for an office, mark a cross (X) or check ( ) opposite the
12 statement " none of the above" where it appears. A cross (X) or
13 check ( ) mark in the square opposite the names of the
14 candidates of any party for President and Vice-President of the
15 United States indicates a vote for all the candidates of that
16 party for presidential elector. To vote for individual
17 candidates for presidential elector, write, print or paste their
18 names in the blank spaces provided for that purpose under the
19 title "Presidential Electors." Mark ballot only in black lead
20 pencil, indelible pencil or blue, black or blue-black ink, in
21 fountain pen or ball point pen; use the same pencil or pen for
22 all markings you place on the ballot.
23 Before leaving the voting compartment, fold this ballot,
24 without displaying the markings thereon, in the same way it was
25 folded when received, then leave the compartment and exhibit the
26 ballot to one of the election officers who shall ascertain by an
27 inspection of the number appearing upon the right hand corner of
28 the back of the ballot whether the ballot so exhibited to him is
29 the same ballot which the elector received before entering the
30 voting compartment. If it is the same, the election officer
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1 shall direct the elector, without unfolding the ballot, to
2 remove the perforated corner containing the number, and the
3 elector shall immediately deposit the ballot in the ballot box.
4 Any ballot deposited in a ballot box at any primary or election
5 without having the said number torn off shall be void and shall
6 not be counted.
7 Party Column Presidential Electors
8 To Vote a Straight Party Ticket (Vote for the candidates of
9 Mark a Cross (X) or Check ( ) in one party for President and
10 this Column. Vice-President, or insert the
11 names of candidates.)
12 For
13 Democratic John Stiles
14 and
15 Richard Doe,
16 Democratic ..................
17 For
18 Republican John Doe
19 and
20 Richard Roe,
21 Republican ..................
22 For
23 Socialist John Smith
24 and
25 William Jones,
26 Socialist ...................
27 None of the Above
28 Citizens
29 United States Senator.
30 (Vote for one)
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1 Richard Roe ...................................... Democratic
2 John Doe ......................................... Republican
3 Richard Stiles ................................... Socialist
4 None of the Above
5 Governor.
6 (Vote for one)
7 Richard Roe ...................................... Democratic
8 John Doe ......................................... Republican
9 Richard Stiles ................................... Socialist
10 None of the Above
11 Attorney General.
12 (Vote for one)
13 Richard Roe ...................................... Democratic
14 John Doe ......................................... Republican
15 Richard Stiles ................................... Socialist
16 None of the Above
17 Auditor General.
18 (Vote for one)
19 Richard Roe ...................................... Democratic
20 John Doe ......................................... Republican
21 Richard Stiles ................................... Socialist
22 None of the Above
23 Treasurer.
24 (Vote for one)
25 Richard Roe ...................................... Democratic
26 John Doe ......................................... Republican
27 Richard Stiles ................................... Socialist
28 None of the Above
29 Representative in Congress,
30 ....... District.
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1 (Vote for one)
2 Richard Roe ...................................... Democratic
3 John Doe ......................................... Republican
4 Richard Stiles ................................... Socialist
5 None of the Above
6 Senator in the General Assembly,
7 ....... District.
8 (Vote for one)
9 John Doe ........................................ Democratic
10 Richard Roe ..................................... Republican
11 None of the Above
12 Representative in the General Assembly,
13 ....... District.
14 (Vote for one)
15 John Doe ........................................ Democratic
16 Richard Roe ..................................... Republican
17 None of the Above
18 * * *
19 (e) There shall be left at the end of the group of
20 candidates for President and Vice-President of the United States
21 under the title "Presidential Electors," as many blank spaces as
22 there are presidential electors to be elected, in which spaces
23 the elector may insert the names of any individual candidates
24 for presidential electors for whom he desires to vote. There
25 shall also be left at the end of each group of candidates for
26 each other office (or under the title of the office itself in
27 case no candidates have been nominated therefor), as many blank
28 spaces as there are persons to be voted for for such office, in
29 which space the elector may insert the name of any person or
30 persons whose name is not printed on the ballot as a candidate
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1 for such office. Immediately following the blank spaces which
2 are left at the end of each group of candidates seeking one of
3 the executive or legislative offices shall be printed, on a
4 separate line, "none of the above" and, at the right of this
5 statement, a square of sufficient size for the convenient
6 insertion of a cross (X) or check ( ) mark. For purposes of this
7 subsection, the term "candidates seeking one of the executive or
8 legislative offices" shall include any of the following offices:
9 President of the United States, United States Senator, Governor,
10 Attorney General, Auditor General, Treasurer, Representative in
11 Congress and Senator or Representative in the General Assembly.
12 * * *
13 Section 3. Section 1215(c) of the act, amended January 8,
14 1959 (P.L.2142, No.790), is amended and the section is amended
15 by adding a subsection to read:
16 Section 1215. Method of Marking Ballots and Depositing Same
17 in Districts in Which Ballots are Used.--* * *
18 (c) At elections, the elector shall prepare his ballot in the
19 following manner: He may vote for the candidates of his choice
20 for each office to be filled according to the number of persons
21 to be voted for by him for each office, by making a cross (X) or
22 check ( ) mark in the square opposite the name of the candidate,
23 or he may insert by writing, stamping or sticker, in the blank
24 spaces provided therefor, any name not already printed on the
25 ballot, and such insertion shall count as a vote without the
26 making of a cross (X) or check ( ) mark[.], or he may vote
27 against all of the candidates listed for an office set forth in
28 subsection (e), by making a cross (X) or check ( ) mark in the
29 square opposite the statement "none of the above" where it
30 appears. If he desires to vote for every candidate of a
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1 political party or political body, except its candidates for
2 offices as to which he votes for individual candidates in the
3 manner hereinafter provided, he may make a cross (X) or check (
4 ) mark in the square opposite the name of the party or political
5 body of his choice in the party column on the left of the
6 ballot, and every such cross (X) or check ( ) mark shall be
7 equivalent to and be counted as a vote for every candidate of a
8 party or political body so marked, including its candidates for
9 presidential electors, except for those offices as to which he
10 has indicated a choice for individual candidates of the same or
11 another party or political body, by making a cross (X) or check
12 ( ) mark opposite their names in the manner hereinabove
13 provided, as to which offices his ballot shall be counted only
14 for the candidates which he has thus individually marked,
15 notwithstanding the fact that he made a mark in the party
16 column, and even though in the case of an office for which more
17 than one candidate is to be voted for, he has not individually
18 marked for such office the full number of candidates for which
19 he is entitled to vote. If he desires to vote for the entire
20 group of presidential electors nominated by any party or
21 political body, he may make a cross (X) or check
22 ( ) mark in the appropriate square at the right of the names of
23 the candidates for President and Vice-President of such party or
24 body. If he desires to vote a ticket for presidential electors
25 made up of the names of persons nominated by different parties
26 or political bodies, or partially of names of persons so in
27 nomination and partially of names of persons not in nomination
28 by any party or political body, or wholly of names of persons
29 not in nomination by any party or political body, he shall
30 insert the names of the candidates for presidential electors for
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1 whom he desires to vote in the blank spaces provided therefor
2 under the title of the office "Presidential Electors." In case
3 of a question submitted to the vote of the electors, he may make
4 a cross (X) or check ( ) mark in the appropriate square opposite
5 the answer which he desires to give.
6 * * *
7 (e) Any elector may cast a vote for "none of the above" for
8 any of the following offices: President of the United States,
9 United States Senator, Governor, Attorney General, Treasurer,
10 Representative in Congress, and Senator or Representative in the
11 General Assembly.
12 Section 4. Section 1216(d) of the act is amended and the
13 section is amended by adding a subsection to read:
14 Section 1216. Instructions of Voters and Manner of Voting in
15 Districts in Which Voting Machines are Used.--
16 * * *
17 (d) At primaries, he shall vote for each candidate
18 individually by operating the key, handle, pointer or knob, upon
19 or adjacent to which the name of such candidate is placed. At
20 elections, he may vote for each candidate individually by
21 operating the key, handle, pointer or knob, upon or adjacent to
22 which the names of candidates of his choice are placed, or he
23 may vote a straight political party ticket in one operation by
24 operating the straight political party lever of the political
25 party or political body of his choice, if such machine has
26 thereon a separate lever for all the candidates of the political
27 body. He may also, after having operated the straight party
28 lever, and before recording his vote, cancel the vote for any
29 candidate of such political party or political body by replacing
30 the individual key, handle, pointer or knob of such candidate,
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1 and may thereupon vote for a candidate of another party, or
2 political body for the same office by operating the key, handle,
3 pointer or knob, upon or adjacent to which the name of such
4 candidate appears. The elector may, at any primary or election,
5 indicate his support for none of the candidates listed for an
6 office set forth in subsection (h) by operating the key, handle,
7 pointer or knob, upon or adjacent to which the statement "none
8 of the above" is placed. In the case of a question submitted to
9 the vote of the electors, the elector shall operate the key,
10 handle, pointer or knob corresponding to the answer which he
11 desires to give.
12 * * *
13 (h) Any elector may cast a vote for "none of the above" for
14 any of the following offices: President of the United States,
15 United States Senator, Governor, Attorney General, Auditor
16 General, Treasurer, Representative in Congress, and Senator or
17 Representative in the General Assembly.
18 Section 5. The act is amended by adding sections to read:
19 Section 1231. Count, Canvass and Certification of Votes Cast
20 for "None of the Above."--Any vote cast for "none of the above,"
21 in accordance with sections 1215 and 1216 of this act, shall be
22 canvassed, certified, computed, counted recanvassed, recorded,
23 tabulated, tallied and otherwise treated as any vote cast for a
24 candidate is canvassed, certified, computed, counted,
25 recanvassed, recorded, tabulated, tallied and otherwise treated,
26 as prescribed in this article.
27 Section 1419. Votes Cast for "None of the Above" Outnumber
28 Votes for Candidates; Special Election to be Held.--In an
29 election for President of the United States, United States
30 Senator, Governor, Attorney General, Auditor General, Treasurer,
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1 Representative in Congress, or Senator or Representative in the
2 General Assembly, if the category of "none of the above"
3 receives more votes than each candidate for that office, the
4 Secretary of the Commonwealth shall not issue a certificate of
5 election to any candidate for that office, but shall schedule a
6 special election to be held in the appropriate voting districts
7 at least sixty days after certification of the election returns.
8 Any special election required by this section shall be conducted
9 in accordance with section 1229 of this act. None of the
10 unsuccessful candidates in the initial election shall be
11 eligible to become a candidate in a subsequent special election
12 required by this section.
13 Section 1420. Certification of Returns; Votes Cast for "None
14 of the Above."--Except as provided in section 1419 of this act,
15 any vote or votes cast for "none of the above," in accordance
16 with sections 1215 and 1216 of this act, shall be canvassed,
17 certified, computed, counted, recanvassed, recorded, tabulated,
18 tallied and otherwise treated as any vote or votes cast for a
19 candidate is canvassed, certified, computed, counted,
20 recanvassed, recorded, tabulated, tallied and otherwise treated,
21 as prescribed in this article.
22 Section 6. This act shall take effect in 60 days.
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