PRINTER'S NO. 794
No. 702 Session of 1997
INTRODUCED BY TANGRETTI, BEBKO-JONES, READSHAW, MARKOSEK,
MARSICO, ROONEY, PESCI, WALKO, SHANER, JOSEPHS, LAUGHLIN,
DeLUCA, SATHER, RUBLEY, KAISER, STABACK, BATTISTO, BELARDI,
YOUNGBLOOD, MICOZZIE, CURRY, E. Z. TAYLOR, MELIO, TRUE,
PISTELLA, LUCYK, THOMAS, STERN, C. WILLIAMS, STEELMAN, GEIST,
BROWNE, PRESTON, MIHALICH AND BOSCOLA, MARCH 11, 1997
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 11, 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 ineligibility of candidates; and
12 further providing for penalties.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
16 as the Pennsylvania Election Code, is amended by adding a
17 section to read:
18 Section 924. Ineligibility of Candidates.--If ten per centum
19 of the signatures required by section 912.1 (1) through (14) are
20 stricken from a petition because of forgery, the candidate shall
21 be ineligible to run in the election.
1 Section 2. Section 1805 of the act is amended to read:
2 Section 1805. Insertion and Alteration of Entries in
3 Documents; Removal; Refusal to Deliver.--Any member, chief clerk
4 or employe of any county board of elections or judge, inspector
5 or clerk of election, machine inspector, overseer, or other
6 person, who knowingly inserts or knowingly permits to be
7 inserted any fictitious name, false figure or other fraudulent
8 entry on or in any registration card, district register, voter's
9 certificate, list of voters, nomination petition, affidavit,
10 tally paper, general or duplicate return sheet, statement,
11 certificate, oath, voucher, account, ballot or other record or
12 document authorized or required to be made, used, signed,
13 returned or preserved for any public purpose in connection with
14 any primary or election; or who materially alters or
15 intentionally destroys any entry which has been lawfully made
16 therein, except by order of the county board of elections or
17 court of competent jurisdiction, or who takes or removes any
18 such book, affidavit, return, account, ballot or other document
19 or record from the custody of any person having lawful charge
20 thereof, in order to prevent the same from being used or
21 inspected or copied as required or permitted by this act, or who
22 neglects or refuses, within the time and in the manner required
23 by this act, to deliver the same into the custody of the
24 officers who are required by this act to use or keep the same,
25 shall be guilty of a misdemeanor, and, upon conviction thereof,
26 shall be sentenced to pay a fine not exceeding one thousand
27 ($1,000) dollars, or to undergo an imprisonment of not less than
28 one (1) month or more than two (2) years, or both, in the
29 discretion of the court.
30 Section 3. This act shall take effect in 60 days.
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