Regular Session 2017-2018 House Bill 1783 P.N. 2419

PRINTER'S NO. 2419

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1783

Session of

2017

INTRODUCED BY SOLOMON, KINSEY, McNEILL, YOUNGBLOOD, RABB, DAVIS,

V. BROWN, KAUFER AND MADDEN, SEPTEMBER 14, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 14, 2017

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 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, 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.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 702, 802, 902 and 1210(d) of the act of

June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania

Election Code, are amended to read:

Section 702. Qualifications of Electors at Primaries.--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.

Section 802. Only Enrolled Electors to [Vote at Primaries

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 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 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 the office of President of the United

States are to be nominated, every registered [and enrolled

member of a political party] elector shall have the opportunity

at the Spring primary in such years to vote [his] a preference

for one person to be the candidate of [his] a political party

for President.

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Section 1210. Manner of Applying to Vote; Persons Entitled

to Vote; Voter's Certificates; Entries to Be Made in District

(d) (1) 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] the person resides, nor shall [he] the

person be permitted to vote in the election district in which

[he] the person resides, unless [he] the person has been

personally registered as an elector and [his] the person's

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] the person's identity, as to [his] the

person's continued residence in the election district or as to

any alleged violation of the provisions of [section 1210 of this

act] this section, and if challenged as to identity or

residence, [he] the person shall produce at least one qualified

elector of the election district as a witness, who shall make

affidavit of [his] the person's 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] the person is:

(i) registered and enrolled as a member of such party upon

the district register, which enrollment shall be conclusive as

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to [his] party membership and shall not be subject to challenge

on the day of the primary[.]; or

(ii) registered with a designation "none" on an official

Department of State registration form and upon the district

same manner as a general election.

(2) The Pennsylvania Department of State shall take all

necessary steps to effectuate the provisions of this section.

* * *

Section 2. This act shall take effect in 90 days.

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