PRINTER'S NO. 2161
No. 1737 Session of 1997
INTRODUCED BY STETLER, VAN HORNE, PESCI, WALKO, JAMES, MELIO, PLATTS, GEIST, BELFANTI AND PRESTON, AUGUST 14, 1997
REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 14, 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," further providing for county boards of elections. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Section 301 of the act of June 3, 1937 (P.L.1333, 15 No.320), known as the Pennsylvania Election Code, amended July 16 21, 1979, (P.L.189, No.63), is amended to read: 17 Section 301. County Boards of Elections; Membership.-- 18 (a) There shall be a county board of elections in and for 19 each county of this Commonwealth, which shall have jurisdiction 20 over the conduct of primaries and elections in such county, in 21 accordance with the provisions of this act. 22 [(b) In each county of the Commonwealth, the county board of
1 elections shall consist of the county commissioners of such 2 county ex officio, or any officials or board who are performing 3 or may perform the duties of the county commissioners, who shall 4 serve without additional compensation as such. Except in 5 counties of the first class, in counties which have adopted home 6 rule charters or optional plans the board of elections shall 7 consist of the members of the county body which performs 8 legislative functions unless the county charter or optional plan 9 provides for the appointment of the board of elections. In 10 either case, there shall be minority representation on the 11 board. The county body which performs legislative functions 12 shall in the case where the board does not contain minority 13 representation appoint such representation from a list submitted 14 by the county chairman of the minority party. 15 (c) Whenever a member of the board of county commissioners 16 is a candidate for nomination or election to any public office, 17 the President Judge of the Court of Common Pleas shall appoint a 18 judge or an elector of the county to serve in his stead. 19 Whenever there appears on the ballot a question relating to the 20 adoption of a Home Rule Charter for the county or amendments to 21 an existing county Home Rule Charter, the President Judge of the 22 Court of Common Pleas shall appoint judges or electors of the 23 county to serve in the stead of the county commissioners. 24 Appointees who are not currently elected office holders shall 25 receive compensation for such service as determined by the 26 salary board plus mileage as specified by the county for 27 expenses incurred when performing election board business.] 28 (d) In each county of this Commonwealth, the county board of 29 elections shall consist of five members all of whom shall be 30 appointed by the President Judge of the Court of Common Pleas. 19970H1737B2161 - 2 -
1 Two of the members appointed must be registered with the 2 Democratic Party, two of the members must be registered with the 3 Republican Party, while the fifth must be registered independent 4 or nonpartisan. The terms of office will be four years, except 5 for one Democratic and one Republican member, each of whom will 6 be initially appointed to a two-year term after which the terms 7 of office for those two positions will also become four years. 8 No member of a county board of elections shall hold any publicly 9 elected or appointed office or any office in any political party 10 or be a paid employe of the Federal or State government or any 11 political subdivision of this Commonwealth. Members of county 12 boards of elections shall serve without pay, but shall receive 13 reimbursement for expenses or mileage accrued in completing any 14 and all tasks associated with their service. Counties of the 15 first class or counties that have adopted home rule charters or 16 optional plans providing for the appointment of the board of 17 elections shall follow their charters or optional plans for 18 membership or other requirements of such board of elections. 19 (e) Whenever a member of the county board of elections 20 becomes a candidate for nomination or election to any public 21 office or accepts any governmental or party office, that member 22 must immediately resign from the board of elections and the 23 President Judge of the Court of Common Pleas shall appoint a 24 replacement to fulfill the term of office. The President Judge 25 of the Court of Common Pleas also shall make appointments to 26 fill any vacancies that arise in the board of elections. 27 (f) Not later than ninety days before a primary election, a 28 member of a county board of elections must sign an oath 29 declaring that he will not be a candidate that year for public 30 office. If a member of a county board of elections plans to run 19970H1737B2161 - 3 -
1 for public office at any time during a calendar year, he must 2 sign a statement ninety days before a primary election and 3 immediately direct it to the President Judge of the Court of 4 Common Pleas declaring his intention to run for public office 5 that year. At that time of signing the statement declaring 6 intent to run for office, the member is considered a candidate 7 for nomination or election to any public office. A member of a 8 county board of elections cannot become a candidate if he does 9 not sign and direct a statement to the President Judge of the 10 Court of Common Pleas ninety days before a primary election. 11 (g) A member of a county board of elections shall be 12 required to recuse himself or be removed by the President Judge 13 of the Court of Common Pleas and replaced by an appointment by 14 the President Judge of the Court of Common Pleas: 15 (1) from a matter in which the member has a personal bias or 16 prejudice; 17 (2) where the member has personal knowledge of disputed 18 evidentiary facts concerning a proceeding; 19 (3) from a matter which involves a person with whom the 20 member has a direct involvement, personally or financially; 21 (4) from a matter which involves a person with whom the 22 member is involved in a court case; or 23 (5) if any circumstances exist which would create an 24 appearance of impropriety. 25 (h) A member of a county board of elections shall be deemed 26 to have a direct personal involvement with his or her spouse or 27 a person with the third degree of relationship to either of them 28 or the spouse of such a person. 29 (i) A member of a county board of elections has a direct 30 financial involvement with a person who owns a part of, or is 19970H1737B2161 - 4 -
1 employed by, a business with which the member has been 2 associated within two years immediately preceding the time a 3 matter comes before the county board of elections if the 4 financial involvement was of more than a de minimis nature. 5 (j) (1) Members or employes of a county board of elections 6 may not actively participate in or contribute to a political 7 campaign or a political action committee supporting candidates 8 for elections which are under supervision of the county board of 9 elections by whom they are employed or hold an office or 10 actively participate in a political party to further a 11 candidacy. 12 (2) For purposes of this subsection, "active participation 13 in a campaign or a political party" includes attempting to 14 assist a candidate or nominee to obtain public office beyond the 15 normal office functions, soliciting support or information, 16 distributing campaign materials or advertisements, fundraising, 17 publicly supporting a candidate, participating in an organized 18 effort for the purpose of helping a candidate or nominee or 19 attending a fundraiser or dinner on behalf of a candidate. For 20 purposes of this subsection, "holding office in a political 21 party" includes serving as chair, vice chair, secretary, 22 treasurer or as a committee chair in any political party or a 23 member of any county party's executive committee; serving as a 24 member of a party's national, State or local committee. 25 (3) All complaints or other information that members or 26 staff of a county board of elections are actively participating 27 in or contributing to a political campaign, a political action 28 committee or are holding an office or actively participating in 29 a political party to further a candidacy must be directed to the 30 President Judge of the Court of Common Pleas. The President 19970H1737B2161 - 5 -
1 Judge of the Court of Common Pleas must have all complaints 2 investigated. The President Judge of the Court of Common Pleas 3 must remove any member of a board of elections found to have 4 violated this section and must publicly recommend specific 5 action to be taken against any employes of a county board of 6 elections found to have violated this section. 7 (4) This subsection shall not be construed to abridge the 8 right of an employe or a member of a county board of elections 9 to vote or attend a debate, speech or similar event that is held 10 primarily for the purpose of communicating a candidate's 11 platform or position on issues of public concern. 12 Section 2. Section 303 of the act is amended to read: 13 Section 303. Decisions by Majority Vote; Employes.-- 14 (a) All actions of a county board shall be decided by a 15 majority vote of all the members, except as may be otherwise 16 provided herein. 17 (b) Each county board may appoint a chief clerk, who shall 18 have authority to administer oaths and to sign vouchers, and 19 such other employes and assistants as, from time to time, the 20 board may deem necessary to carry out the provisions of this 21 act. [The county board may appoint the chief clerk and other 22 employes of the county commissioners to act as such for the 23 county board of elections without any additional compensation as 24 such.] 25 Section 3. The addition of section 301(d) and (e) of the act 26 shall apply at the start of the election cycle next beginning 27 after the effective date of this act. 28 Section 4. This act shall take effect as follows: 29 (1) Section 301(f), (g), (h), (i) and (j) of the act 30 shall take effect in 60 days. 19970H1737B2161 - 6 -
1 (2) The remainder of this act shall take effect 2 immediately. L19L25JS/19970H1737B2161 - 7 -