PRINTER'S NO. 4068
No. 2821 Session of 2000
INTRODUCED BY HABAY, MAHER AND METCALFE, OCTOBER 10, 2000
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 10, 2000
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," eliminating straight party voting.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 1003(a) and (f) of the act of June 3,
15 1937 (P.L.1333, No.320), known as the Pennsylvania Election
16 Code, amended April 24, 1947 (P.L.68, No.33) and December 10,
17 1974 (P.L.835, No.280), are amended to read:
18 Section 1003. Form of Official Election Ballot.--
19 (a) (1) The official ballots for general, municipal and
20 special elections shall be in substantially the following form:
21 OFFICIAL BALLOT
22 ........... District, ........... Ward, City of ...............,
1 County of ................., State of Pennsylvania ............
2 Election held on the ..... day of .........., 19.. A cross (X)
3 or check ( ) mark in the square opposite the name of any
4 candidate indicates a vote for that candidate.
5 (2) [To vote a straight party ticket, mark a cross (X) or
6 check ( ) in the square, in the Party Column, opposite the name
7 of the party of your choice.] To vote for an individual
8 candidate [of another party after making a mark in the party
9 square], mark a cross (X) or check ( ) opposite his name. For an
10 office where more than one candidate is to be voted for, the
11 voter, after marking in the party square, may divide his vote by
12 marking a cross (X) or check ( ) to the right of each candidate
13 for whom he or she desires to vote. For such office votes shall
14 not be counted for candidates not individually marked.
15 (3) To vote for a person whose name is not on the ballot,
16 write, print or paste his name in the blank space provided for
17 that purpose. A cross (X) or check ( ) mark in the square
18 opposite the names of the candidates of any party for President
19 and Vice-President of the United States indicates a vote for all
20 the candidates of that party for presidential elector. To vote
21 for individual candidates for presidential elector, write, print
22 or paste their names in the blank spaces provided for that
23 purpose under the title "Presidential Electors." Mark ballot
24 only in black lead pencil, indelible pencil or blue, black or
25 blue-black ink, in fountain pen or ball point pen; use the same
26 pencil or pen for all markings you place on the ballot.
27 (4) Before leaving the voting compartment, fold this ballot,
28 without displaying the markings thereon, in the same way it was
29 folded when received, then leave the compartment and exhibit the
30 ballot to one of the election officers who shall ascertain by an
20000H2821B4068 - 2 -
1 inspection of the number appearing upon the right hand corner of
2 the back of the ballot whether the ballot so exhibited to him is
3 the same ballot which the elector received before entering the
4 voting compartment. If it is the same, the election officer
5 shall direct the elector, without unfolding the ballot, to
6 remove the perforated corner containing the number, and the
7 elector shall immediately deposit the ballot in the ballot box.
8 Any ballot deposited in a ballot box at any primary or election
9 without having the said number torn off shall be void and shall
10 not be counted.
11 Party Column Presidential Electors
12 [To Vote a Straight Party Ticket (Vote for the candidates of
13 Mark a Cross (X) or Check ( ) in one party for President and
14 this Column.] Vice-President, or insert the
15 names of candidates.)
16 For
17 Democratic John Stiles
18 and
19 Richard Doe,
20 Democratic ..................
21 For
22 Republican John Doe
23 and
24 Richard Roe,
25 Republican ..................
26 For
27 Socialist John Smith
28 and
29 William Jones,
30 Socialist ...................
20000H2821B4068 - 3 -
1 Citizens
2 United States Senator.
3 (Vote for one)
4 Richard Roe ...................................... Democratic
5 John Doe ......................................... Republican
6 Richard Stiles ................................... Socialist
7 Governor.
8 (Vote for one)
9 Richard Roe ...................................... Democratic
10 John Doe ......................................... Republican
11 Richard Stiles ................................... Socialist
12 Representative in Congress,
13 ....... District.
14 (Vote for one)
15 Richard Roe ...................................... Democratic
16 John Doe ......................................... Republican
17 Richard Stiles ................................... Socialist
18 Senator in the General Assembly,
19 ....... District.
20 (Vote for one)
21 John Doe ........................................ Democratic
22 Richard Roe ..................................... Republican
23 * * *
24 [(f) In order that each elector may have the opportunity of
25 designating his choice for all the candidates nominated by one
26 political party or political body, there shall be printed on the
27 extreme left of the ballot, and separated from the rest of the
28 ballot by a space of at least one-half inch, a list of the names
29 of all the political parties or political bodies represented on
30 such ballot which have nominated candidates to be voted for at
20000H2821B4068 - 4 -
1 such election. Such names shall be arranged in the order of the
2 votes obtained at the last gubernatorial election by the
3 candidate for Governor of the parties or bodies nominating,
4 beginning with the party that received the highest number of
5 votes cast. Following the names of such political parties and
6 political bodies shall be the names of the parties and bodies
7 not represented on the ballot at the last gubernatorial
8 election, arranged alphabetically, according to the party name
9 or appellation. A square of sufficient size for the convenient
10 insertion of a cross mark shall be placed at the right of each
11 party name or appellation.]
12 * * *
13 Section 2. Section 1107(b) of the act is amended to read:
14 Section 1107. Requirements of Voting Machines.--No voting
15 machine shall, upon any examination or reexamination, be
16 approved by the Secretary of the Commonwealth, or by any
17 examiner appointed by him, unless it shall, at the time, satisfy
18 the following requirements:
19 * * *
20 [(b) It shall permit each voter, at other than primary
21 elections, to vote a straight political party ticket in one
22 operation, and, in one operation, to vote for all the candidates
23 of one political party for presidential electors, and, in one
24 operation, to vote for all the candidates of one political party
25 for every office to be voted for, except those offices as to
26 which he votes for individual candidates.]
27 * * *
28 Section 3. Section 1110(a), (b) and (h) of the act, amended
29 April 24, 1947 (P.L.68, No.33) and December 22, 1971 (P.L.613,
30 No.165), are amended to read:
20000H2821B4068 - 5 -
1 Section 1110. Form of Ballot Labels on Voting Machines.--
2 (a) The papers, cards or strips, enclosed within the ballot
3 frame or frames of any voting machine, and containing the names
4 of a candidate or candidates, [or political party,] or the
5 statement of a question to be voted upon, hereinafter referred
6 to as ballot labels, shall be printed in black ink, upon clear
7 white material, of such size as will fit the ballot frame, and
8 in plain clear type so as to be easily readable by persons with
9 normal vision.
10 (b) If the construction of the machine shall require it, the
11 ballot label for each candidate, group of candidates, [political
12 party,] or question, to be voted on, shall bear the designating
13 letter or number of the counter on the voting machine which will
14 register or record votes therefor. Each question to be voted on
15 shall appear on the ballot labels, in brief form, of not more
16 than seventy-five words, to be determined by the Secretary of
17 the Commonwealth in the case of constitutional amendments or
18 other questions to be voted on by the electors of the State at
19 large, and by the county election board in other cases.
20 * * *
21 (h) The names of all candidates of a political party shall
22 appear in the same row or column, and except in cases of names
23 of presidential commitments of nominees for delegate or
24 alternate delegate to political party National conventions no
25 other names shall appear in the same row or column[, to the left
26 or top of which shall be a straight party lever, by means of
27 which an elector may, in one operation, vote for all the
28 candidates of that political party for every office to be voted
29 for]. Where the names of the delegate or alternate delegate and
30 the presidential candidate he is supporting shall both appear,
20000H2821B4068 - 6 -
1 the print size of the name of the delegate or alternate delegate
2 shall be equal to the size of the name of the particular
3 presidential candidate to whom he is committed, or in the case
4 where he is uncommitted, the word "uncommitted" shall appear in
5 the same size print. The names of such candidates shall be
6 arranged under or opposite the title of the office for which
7 they are candidates, and shall appear in the order of the votes
8 obtained by the candidate for Governor of the party nominated at
9 the last gubernatorial election, beginning with the party
10 obtaining the highest number of votes: Provided, however, That
11 in the case of parties or bodies not represented on the ballot
12 at the last gubernatorial election, the names of the candidates
13 of such parties shall be arranged alphabetically, according to
14 the party or body name. The names of all candidates of a
15 political body shall appear in the same row or column, and, if
16 the number of parties and bodies permits, each political body
17 shall be entitled exclusively to a separate row or column[, with
18 a straight party lever]. If, however, the number of political
19 parties and political bodies renders it impossible or
20 impracticable to so arrange the political bodies, in such case
21 said bodies shall not be entitled to a separate row or column
22 [and a straight party lever], but shall be listed by political
23 appellations on the first left hand or top row, with the
24 designating letter and number of the ballot label where their
25 candidates may be found, together with the political
26 appellations of other political bodies, whose candidates may be
27 interspersed on the same row or column. Subject to the aforesaid
28 limitations, the form and arrangement of ballot labels, as to
29 the placing thereon of political bodies, shall be within the
30 discretion of the county board.
20000H2821B4068 - 7 -
1 * * *
2 Section 4. Sections 1107-A(3), 1109-A(a)(2) and (d) and
3 1112-A(a)(2) and (b)(4) of the act, added July 11, 1980
4 (P.L.600, No.128), are amended to read:
5 Section 1107-A. Requirements of Electronic Voting Systems.--
6 No electronic voting system shall, upon any examination or
7 reexamination, be approved by the Secretary of the Commonwealth,
8 or by any examiner appointed by him, unless it shall be
9 established that such system, at the time of such examination or
10 reexamination:
11 * * *
12 [(3) Permits each voter, at other than primary elections, to
13 vote a straight political party ticket by one mark or act and,
14 by one mark or act, to vote for all the candidates of one
15 political party for presidential electors and, by one mark or
16 act, to vote for all the candidates of one political party for
17 every office to be voted for, and every such mark or act shall
18 be equivalent to and shall be counted as a vote for every
19 candidate of the political party so marked including its
20 candidates for presidential electors, except with respect to
21 those offices as to which the voter has registered a vote for
22 individual candidates of the same or another political party or
23 political body, in which case the automatic tabulating equipment
24 shall credit the vote for that office only for the candidate
25 individually so selected, notwithstanding the fact that the
26 voter may not have individually voted for the full number of
27 candidates for that office for which he was entitled to vote.]
28 * * *
29 Section 1109-A. Forms.--(a) * * *
30 (2) The pages placed on the voting device shall be of
20000H2821B4068 - 8 -
1 sufficient number to include, following the listing of
2 particular candidates, the names of candidates for any
3 nonpartisan offices and any measures for which a voter may be
4 qualified to vote on a given election day[, provided further
5 that for municipal, general or special elections, the first
6 ballot page shall list in the order that such political parties
7 are entitled to priority on the ballot, the names of such
8 political parties with designating arrows so as to indicate the
9 voting square or position on the ballot card where the voter may
10 insert by one mark or punch the straight party ticket of his
11 choice].
12 * * *
13 [(d) In partisan elections the ballot cards shall include a
14 voting square or position whereby the voter may by one punch or
15 mark record a straight party ticket vote for all the candidates
16 of one party or may vote a split ticket for the candidates of
17 his choice.]
18 * * *
19 Section 1112-A. Election Day Procedures and the Process of
20 Voting.--(a) In an election district which uses an electronic
21 voting system in which votes are registered electronically, the
22 following procedures will be applicable for the conduct of the
23 election at the election district:
24 * * *
25 (2) At primary elections, the voter shall be able to vote
26 for each candidate individually by the means provided. At all
27 other elections, he may vote for each candidate individually[,
28 or he may vote a straight political party ticket in one
29 operation by operating the straight political party mechanism of
30 the political party or political body of his choice]. He may
20000H2821B4068 - 9 -
1 also, [after having operated the straight party mechanism and]
2 before recording his vote, cancel the vote for any candidate [of
3 such political party or political body] and may thereupon vote
4 for a candidate of another party, or political body for the same
5 office. The voter may also vote individually for or against a
6 question submitted to the vote of the electors.
7 * * *
8 (b) In an election district which uses an electronic voting
9 system which utilizes paper ballots or ballot cards to register
10 the votes, the following procedures will be applicable for the
11 conduct of the election at the election district:
12 * * *
13 (4) [If the voter desires to vote for every candidate of a
14 political party or political body, except its candidates for
15 offices as to which he votes for individual candidates in the
16 manner hereinafter provided, he may make a cross (X) or check
17 ( ) or punch or mark sense mark in the square opposite the name
18 of the party or political body so marked, including its
19 candidates for presidential electors, except for those offices
20 as to which he has indicated a choice for individual candidates
21 of the same or another party or political body, by making a
22 cross (X) or check ( ) or punch or mark sense mark opposite
23 their names in the manner hereinabove provided, as to which
24 offices his ballot shall be counted only for the candidates
25 which he has thus individually marked, notwithstanding the fact
26 that he made a mark in the party column, and even though in the
27 case of an office for which more than one candidate is to be
28 voted for, he has not individually marked for such office the
29 full number of candidates for which he is entitled to vote. If
30 he desires to vote for the entire group of presidential electors
20000H2821B4068 - 10 -
1 nominated by any party or political body, he may make a cross
2 (X) or check ( ) or punch or mark sense mark in the appropriate
3 space opposite the names of the candidates for President and
4 Vice-President of such party or body.] If [he] the voter desires
5 to vote a ticket for presidential electors made up of the names
6 of persons nominated by different parties or political bodies,
7 or partially of names of persons so in nomination and partially
8 of names of persons not in nomination by any party or political
9 body, or wholly of names of persons not in nomination by any
10 party or political body, he shall insert the names of the
11 candidates for presidential electors for whom he desires to vote
12 in the blank spaces provided therefor on the write-in ballot
13 under the title of the office "Presidential Electors". In case
14 of a question submitted to the vote of the electors, he may make
15 a cross (X) or check ( ) or punch or mark sense mark in the
16 appropriate square opposite the answer which he desires to give.
17 * * *
18 Section 5. Section 1215(c) of the act, amended January 8,
19 1959 (P.L.2142, No.790), is amended to read:
20 Section 1215. Method of Marking Ballots and Depositing Same
21 in Districts in Which Ballots are Used.--* * *
22 (c) At elections, the elector shall prepare his ballot in the
23 following manner: He may vote for the candidates of his choice
24 for each office to be filled according to the number of persons
25 to be voted for by him for each office, by making a cross (X) or
26 check ( ) mark in the square opposite the name of the candidate,
27 or he may insert by writing, stamping or sticker, in the blank
28 spaces provided therefor, any name not already printed on the
29 ballot, and such insertion shall count as a vote without the
30 making of a cross (X) or check ( ) mark. [If he desires to vote
20000H2821B4068 - 11 -
1 for every candidate of a political party or political body,
2 except its candidates for offices as to which he votes for
3 individual candidates in the manner hereinafter provided, he may
4 make a cross (X) or check ( ) mark in the square opposite the
5 name of the party or political body of his choice in the party
6 column on the left of the ballot, and every such cross (X) or
7 check ( ) mark shall be equivalent to and be counted as a vote
8 for every candidate of a party or political body so marked,
9 including its candidates for presidential electors, except for
10 those offices as to which he has indicated a choice for
11 individual candidates of the same or another party or political
12 body, by making a cross (X) or check ( ) mark opposite their
13 names in the manner hereinabove provided, as to which offices
14 his ballot shall be counted only for the candidates which he has
15 thus individually marked, notwithstanding the fact that he made
16 a mark in the party column, and even though in the case of an
17 office for which more than one candidate is to be voted for, he
18 has not individually marked for such office the full number of
19 candidates for which he is entitled to vote. If he desires to
20 vote for the entire group of presidential electors nominated by
21 any party or 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
20000H2821B4068 - 12 -
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 Section 6. Section 1216(d) of the act is amended to read:
8 Section 1216. Instructions of Voters and Manner of Voting in
9 Districts in Which Voting Machines are Used.--
10 * * *
11 (d) At primaries, he shall vote for each candidate
12 individually by operating the key, handle, pointer or knob, upon
13 or adjacent to which the name of such candidate is placed. At
14 elections, he may vote for each candidate individually by
15 operating the key, handle, pointer or knob, upon or adjacent to
16 which the names of candidates of his choice are placed[, or he
17 may vote a straight political party ticket in one operation by
18 operating the straight political party lever of the political
19 party or political body of his choice, if such machine has
20 thereon a separate lever for all the candidates of the political
21 body]. He may also, [after having operated the straight party
22 lever, and] before recording his vote, cancel the vote for any
23 candidate [of such political party or political body] by
24 replacing the individual key, handle, pointer or knob of such
25 candidate, and may thereupon vote for a candidate of another
26 party, or political body for the same office by operating the
27 key, handle, pointer or knob, upon or adjacent to which the name
28 of such candidate appears. In the case of a question submitted
29 to the vote of the electors, the elector shall operate the key,
30 handle, pointer or knob corresponding to the answer which he
20000H2821B4068 - 13 -
1 desires to give.
2 * * *
3 Section 7. Section 1222 of the act, amended July 14, 1961
4 (P.L.644, No.332), is amended to read:
5 Section 1222. Count and Return of Votes in Districts in
6 Which Ballots are Used.--
7 (a) As soon as all the ballots have been properly accounted
8 for, and those outside the ballot box, as well as the "Voting
9 Check List," numbered lists of voters and district register
10 sealed, the election officers shall forthwith open the ballot
11 box, and take therefrom all ballots therein, and at primaries,
12 separate the same according to the party to which they belong.
13 The ballots shall then be counted one by one, and a record made
14 of the total number, and at primaries of the total number cast
15 for each party. Then the judge, under the scrutiny of the
16 minority inspector, or the minority inspector, under the
17 scrutiny of the judge, in the presence of the other officers,
18 clerks, and of the overseers, if any, and within the hearing and
19 sight of the watchers outside the enclosed space, shall read
20 aloud the names of the candidates marked or inserted upon each
21 ballot (at primaries the ballots of each party being read in
22 sequence), together with the office for which the person named
23 is a candidate, and the answers contained on the ballots to the
24 questions submitted, if any, and the majority inspector and
25 clerks shall carefully enter each vote as read, and keep account
26 of the same in ink in triplicate tally papers (triplicate tally
27 papers for each party at primaries) to be provided by the county
28 board of elections for that purpose, all three of which shall be
29 made at the same time[: Provided, That at all general, municipal
30 and special elections, in entering each vote received by
20000H2821B4068 - 14 -
1 candidates at such election, it shall not be necessary to enter
2 separate tally marks for each vote received by such candidates
3 upon the ballots containing the same votes for the same names,
4 commonly known, and in this act designated as "Straight Party
5 Tickets" for such purpose straight party ticket votes shall be
6 entered carefully as each straight party ticket vote is read on
7 the triplicate tally sheets under the heading "Number of votes
8 received upon the ........................ straight party
9 tickets." Upon completing the number of votes received by each
10 straight party ticket, the number so tallied for each party
11 shall be entered numerically on the extreme right hand margin of
12 each such tally paper]. All ballots, after being removed from
13 the box, shall be kept within the unobstructed view of all
14 persons in the voting room until replaced in the box. No person
15 while handling the ballots shall have in his hand any pencil,
16 pen, stamp or other means of marking or spoiling any ballot. The
17 election officers shall forthwith proceed to canvass and compute
18 the votes cast, and shall not adjourn or postpone the canvass or
19 computation until it shall have been fully completed.
20 (b) When the vote cast for the different persons named upon
21 the ballots and upon the questions, if any, appearing thereon,
22 shall have been fully recorded in the tally papers and counted,
23 the election officers shall duly certify to the number of votes
24 cast for each person (upon the respective party tickets at
25 primaries), and shall prepare in ink two (2) general returns,
26 showing, in addition to the entries made thereon as aforesaid,
27 the total number of ballots received from the county board (the
28 total of each party at primaries), the number of ballots cast
29 (the number of each party at primaries), the number of ballots
30 (of each party at primaries) declared void, and the number of
20000H2821B4068 - 15 -
1 ballots spoiled and cancelled, and any blank ballots cast, as
2 well as the votes cast for each candidate. At elections, the
3 number of votes cast for each candidate by each political party
4 or political body of which such candidate is a nominee shall be
5 separately stated[: Provided, That the number of votes received
6 by each set of candidates upon "straight party tickets" shall be
7 entered opposite the names of the respective candidates in a
8 column immediately adjoining upon the left which column shall be
9 of convenient width and shall be headed "number of votes
10 received upon straight party tickets." In an immediate column to
11 the left thereto, the number of votes received by each candidate
12 upon all ballots other than "straight party tickets" including
13 all ballots known as "split tickets" shall be entered, such
14 column to be of convenient width and shall be headed "number of
15 votes received other than upon straight party tickets." The
16 number of votes received by each candidate as shown in the
17 column headed "number of votes received upon straight party
18 tickets" shall then be added, together with the number of votes
19 received by each candidate as shown in the column headed "number
20 of votes received other than upon straight party tickets"] and
21 thereupon, the total number of votes received by each candidate
22 shall be entered in a column on the extreme right-hand side of
23 the return sheets, which column shall be of convenient width and
24 shall be headed "total number of votes."
25 [Nothing in this section contained shall be construed to
26 authorize or permit the canvassing, counting or tallying ballots
27 with any less degree of strictness than otherwise required by
28 law, the intention of this section being to dispense with the
29 individual tally marks only so far as the so-called "straight
30 party tickets" are concerned, and all other operations of
20000H2821B4068 - 16 -
1 tallying, counting, canvassing and announcing the votes shall
2 proceed as near as may be in accordance with the other
3 provisions of this act.]
4 (c) In returning any votes cast for any person whose name is
5 not printed on the ballot, the election officers shall record
6 any such names exactly as they were written, stamped or applied
7 to the ballot by sticker.
8 Section 8. Section 1223 of the act, amended January 8, 1960
9 (1959 P.L.2142, No.790) and August 13, 1963 (P.L.707, No.379),
10 is amended to read:
11 Section 1223. What Ballots Shall Be Counted; Manner of
12 Counting; Defective Ballots.--[(a)] No ballot which is so marked
13 as to be capable of identification shall be counted. Any ballot
14 that is marked in blue, black or blue-black ink, in fountain pen
15 or ball point pen, or black lead pencil or indelible pencil,
16 shall be valid and counted: Provided, That all markings on the
17 ballot are made by the same pen or pencil. Any ballot marked by
18 any other mark than an (X) or check ( ) in the spaces provided
19 for that purpose shall be void and not counted: Provided,
20 however, That no vote recorded thereon shall be declared void
21 because a cross (X) or check ( ) mark thereon is irregular in
22 form. [Any erasure, mutilation or defective marking of the
23 straight party column at November elections shall render the
24 entire ballot void, unless the voter has properly indicated his
25 choice for candidates in any office block, in which case the
26 vote or votes for such candidates only shall be counted.] Any
27 erasure or mutilation in the vote in any office block shall
28 render void the vote for any candidates in said block, but shall
29 not invalidate the votes cast on the remainder of the ballot, if
30 otherwise properly marked. Any ballot indicating a vote for any
20000H2821B4068 - 17 -
1 person whose name is not printed on the ballot, by writing,
2 stamping or sticker, shall be counted as a vote for such person,
3 if placed in the proper space or spaces provided for that
4 purpose, whether or not an (X) or check ( ) is placed after the
5 name of such person: Provided, however, That if such writing,
6 stamping or sticker is placed over the name of a candidate
7 printed on the ballot, it shall render the entire vote in said
8 office block void. If an elector shall mark his ballot for more
9 persons for any office than there are candidates to be voted for
10 for such office, or if, for any reason, it may be impossible to
11 determine his choice for any office, his ballot shall not be
12 counted for such office, but the ballot shall be counted for all
13 offices for which it is properly marked. Ballots not marked, or
14 improperly or defectively marked, so that the whole ballot is
15 void, shall be set aside and shall be preserved with the other
16 ballots.
17 [(b) At November elections, a cross (X) or check ( ) mark in
18 the square opposite the name of political party or political
19 body in the party column shall be counted as a vote for every
20 candidate of that party or body so marked, including its
21 candidates for presidential electors, except for those offices
22 as to which the voter has indicated a choice for individual
23 candidates of the same or another party or body in any office
24 block, in which case the ballot for such office block shall be
25 counted only for the candidates thus individually marked,
26 notwithstanding the fact that the voter has made a mark in the
27 party column, and even though in the case of an office for which
28 more than one candidate is to be voted for, he has not
29 individually marked for such office the full number of
30 candidates for which he is entitled to vote.]
20000H2821B4068 - 18 -
1 Section 9. This act shall take effect in one year.
I7L25BIL/20000H2821B4068 - 19 -