PRINTER'S NO. 1335
No. 994 Session of 2005
INTRODUCED BY C. WILLIAMS, RAFFERTY, LOGAN, KITCHEN AND STACK,
NOVEMBER 14, 2005
REFERRED TO STATE GOVERNMENT, NOVEMBER 14, 2005
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 a presidential nomination caucus
12 system and for a penalty.
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 an
17 article to read:
18 ARTICLE IX-A
19 PRESIDENTIAL NOMINATION CAUCUS SYSTEM
20 Section 901-A. Authority of State convention.
21 (a) Time.--The final authority over the affairs of each
22 major political party shall be vested in the party's State
1 convention to be held at least once every presidential election
2 year at the call of the State central committee.
3 (b) State central committee.--Subject to the control of the
4 State convention the general management of the affairs of the
5 state party shall be vested in the party's State central
6 committee.
7 (c) State executive committee.--The State executive
8 committee of the party shall have charge of the administration
9 of the party's affairs, subject to the direction and control of
10 the State convention and the State central committee.
11 (d) Constitution.--The chair of the State central committee
12 of each party shall file with the Secretary of State a copy of
13 the party's constitution and all amendments to the constitution
14 as they are enacted.
15 Section 902-A. Committees and conventions.
16 (a) Conventions.--The rules of each major political party
17 shall provide that for each congressional district a convention
18 shall be held at least once every general election year. Each
19 major political party shall also provide for each congressional
20 district, an executive committee consisting of a chair and other
21 officers as may be necessary.
22 (b) Impaired delegates.--The following shall apply:
23 (1) A communicatively impaired delegate or alternate who
24 needs interpreter services at a congressional district or
25 State convention shall notify the executive committee of the
26 major political party unit whose convention the delegate or
27 alternate plans to attend. Written notice must be given by
28 certified mail to the executive committee at least 30 days
29 before the convention date. The major political party, not
30 later than 14 days before the convention date, shall secure
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1 the services of one or more interpreters if available and
2 shall assume responsibility for the cost of the services. The
3 State central committee of the major political party shall
4 determine the process for reimbursing interpreters.
5 (2) A visually impaired delegate or alternate to a
6 congressional district or State convention may notify the
7 executive committee of the major political party unit that
8 the delegate or alternate requires convention materials in
9 audio tape, Braille or large print format. Upon receiving the
10 request, the executive committee shall provide all official
11 written convention materials as soon as they are available,
12 so that the visually impaired individual may have them
13 converted to audio tape, Braille or large print format, prior
14 to the convention.
15 Section 903-A. Leave time from employment; party officers;
16 delegates to party conventions.
17 If an employee gives at least ten days' written notice to the
18 employer, the employee may be absent from work to attend any
19 meeting of the State central committee or executive committee of
20 a major political party if the employee is a member of the
21 committee, or may attend any convention of major political party
22 delegates including meetings of official convention committees
23 if the employee is a delegate or alternate delegate to that
24 convention. An employee who gives proper notice as provided in
25 this section shall suffer no penalty or deduction from salary or
26 wages on account of absence other than a deduction in salary or
27 wages for the actual time of absence from employment. A
28 violation of this section by an employer shall be a misdemeanor.
29 Section 904-A. Presidential nomination caucus.
30 (a) Time and manner of holding; postponement.--At 7:00 p.m.
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1 on the first Tuesday in March in every general election year
2 there shall be held for every election precinct a party caucus
3 pursuant to this article to nominate a presidential candidate.
4 (b) Caucus call.--The chair of the congressional district
5 executive committee, whichever is provided for by party rules,
6 shall issue the call for the precinct caucus at least 20 days
7 before the time set for holding the caucus, and the call shall
8 contain all of the following:
9 (1) Name of party.
10 (2) Precinct number.
11 (3) Date caucus is to be held.
12 (4) Place caucus is to be held.
13 (5) Hours during which caucus is to be held.
14 (6) Statutory rules governing the caucus.
15 (7) A statement of business to be conducted including
16 the election of a chair and other officers as may be provided
17 by party rules and the election of delegates to district
18 conventions.
19 (8) Number of delegates to be elected.
20 (9) Name of the congressional district chair issuing the
21 call.
22 (10) Name of the present precinct chair or other person
23 who will be the convener of the caucus.
24 (11) A space for entering the names of the officers and
25 delegates elected by the caucus.
26 (c) Notice.--The congressional district chair shall give at
27 least six days' published notice of the holding of the precinct
28 caucus, stating the place, date and time for holding the caucus,
29 and shall deliver the same information to the municipal clerk
30 and county auditor at least 20 days before the precinct caucus.
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1 The county auditor shall make this information available at
2 least ten days before the date of the caucuses to persons who
3 request it.
4 Section 905-A. Time and place of caucus.
5 (a) Time.--Precinct caucuses within a county shall be held
6 on the day provided by law and the caucuses shall remain open
7 for at least one hour.
8 (b) Place.--The following shall apply:
9 (1) Precinct caucuses shall be held at the regular
10 polling places for each precinct or other suitable places
11 designated in the call, and no caucus may be adjourned to any
12 other place or time.
13 (2) In the event that there is only one suitable meeting
14 place in the precinct polling place and the major political
15 parties cannot agree as to its use, the county auditor shall
16 decide by lot the party which is to receive the use of the
17 meeting place in years evenly divisible by four and which
18 party shall receive the use of the meeting place in other
19 years in which a State general election is held. The report
20 of the selections by lot in the county shall be filed by the
21 auditor with the county board which shall publish the same as
22 a part of the minutes of the board meeting at which the
23 report is filed.
24 (3) A precinct caucus must be held at a place that meets
25 the accessibility standards for a precinct polling place and
26 must contain restrooms that conform to standards for
27 accessibility by handicapped persons. If a precinct caucus is
28 held on a floor of a building that is either above or below
29 the entrance level for the building, an elevator must be
30 available. Any elevators used for access to the room where
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1 the precinct caucus is held must conform to standards for
2 accessibility by handicapped persons.
3 (4) If there are not enough places within a precinct
4 that are or can be made accessible for each major party to
5 hold its precinct caucus, a major party may hold its caucus
6 at a place outside one of the boundaries of the precinct in
7 order to comply with accessibility requirements.
8 (5) If only one place satisfies the accessibility and
9 location requirements of this article, the major parties
10 shall alternate use of the place.
11 The county auditor shall decide by lot which party is to use the
12 accessible place in years evenly divisible by four and which
13 party is to use the place in other years when a general election
14 is held.
15 Section 906-A. Interpreter services; caucus materials.
16 The following shall apply:
17 (1) A communicatively impaired individual who needs
18 interpreter services at a precinct caucus shall notify the
19 major political party whose caucus the individual plans to
20 attend. Written notice must be given by certified mail to the
21 congressional district committee of the political party at
22 least 30 days before the precinct caucus date. The major
23 political party, not later than 14 days before the precinct
24 caucus date, shall secure the services of one or more
25 interpreters if available and shall assume responsibility for
26 the cost of the services. The State central committee of the
27 major political party shall determine the process for
28 reimbursing interpreters.
29 (2) A visually impaired individual may notify the
30 congressional district committee of the major political party
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1 whose precinct caucus the individual plans to attend, that
2 the individual requires caucus materials in audio tape,
3 Braille or large type format. Upon receiving the request, the
4 congressional district committee shall provide all official
5 written caucus materials as soon as they are available, so
6 that the visually impaired individual may have them converted
7 to audio tape, Braille or large print format prior to the
8 precinct caucus.
9 Section 907-A. Interpreter services and accessible precinct
10 caucus exemptions.
11 A major political party shall not be required to do any of
12 the following:
13 (1) Provide an interpreter for a convention or precinct
14 caucus if it has made documented good faith efforts to locate
15 and assign an interpreter, including contacting an
16 interpreter referral center or regional service center for
17 the hearing impaired and no interpreters are available.
18 (2) Hold a precinct caucus at a place that meets the
19 accessibility standards for precinct polling places, if it
20 has made documented good faith efforts to locate and secure
21 an available accessible site within a reasonable distance of
22 the precinct and no accessible site is available.
23 Section 908-A. Participation and vote.
24 (a) Eligible voters.--Only those individuals who are or will
25 be eligible to vote at the time of the next general election,
26 may vote or be elected a delegate or officer at the precinct
27 caucus. An eligible voter may vote or be elected a delegate or
28 officer only in the precinct where the voter resides at the time
29 of the caucus.
30 (b) Agreement with party principles.--Only those persons who
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1 are in agreement with the principles of the party as stated in
2 the party's constitution, and who either voted or affiliated
3 with the party at the last general election or intend to vote or
4 affiliate with the party at the next general election, may vote
5 at the precinct caucus.
6 (c) Decision by caucus vote.--In case the right of a person
7 to participate at the caucus is challenged, the question of the
8 right to participate shall be decided by a vote of the whole
9 caucus. A person so challenged may not vote on the question of
10 the person's right to participate.
11 (d) One caucus per year.--No person may vote or participate
12 at more than one party's caucus in any presidential election
13 year.
14 Section 909-A. Procedure.
15 (a) Temporary chair.--The convener shall be the temporary
16 chair of the caucus.
17 (b) Nominations; time of election of officers and
18 delegates.--Nominations for the election of permanent officers
19 and delegates shall remain open for at least the first quarter
20 hour of the caucus. Election of delegates and alternates must
21 begin within one hour of convening a caucus. Election of
22 delegates and alternates may begin one-half hour after the
23 convening of the caucus.
24 (c) Preference ballot.--Prior to the opening of nominations
25 for the election of permanent officers and delegates, a ballot
26 must be distributed to permit caucus participants to indicate
27 their preference for the office of President of the United
28 States. The results of preference voting must be reported to the
29 Secretary of State immediately upon conclusion of the voting, in
30 the manner provided by the Secretary of State. The Secretary of
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1 State shall provide the appropriate forms to the party for
2 reporting the results.
3 (d) Secret ballot.--All voting shall be by secret ballot.
4 (e) Announcement and certification of election results.--
5 Upon completion of the counting of votes the chair shall
6 announce the names of persons who are elected and shall certify
7 the names to the chair of the congressional district executive
8 committee and to the chair of the State central committee.
9 (f) Rules of order.--All questions concerning the manner in
10 which a caucus is conducted or called that are not covered by
11 statute shall be determined by Robert's Rules of Order unless
12 otherwise specified by party rules.
13 Section 910-A. School schedule preemption, excusal from
14 employment to attend.
15 (a) Limits on local government meetings.--No school board,
16 county board of commissioners, township board or city council
17 may conduct a meeting after 6:00 p.m. on the day of a major
18 political party precinct caucus.
19 (b) Absence from work.--Every employee who is entitled to
20 attend a major political party precinct caucus is entitled,
21 after giving the employer at least ten days' written notice, to
22 be absent from work for the purpose of attending the caucus
23 during the time for which the caucus is scheduled without
24 penalty or deduction from salary or wages on account of the
25 absence other than a deduction in salary for the time of absence
26 from employment.
27 (c) Limits on college or university meetings.--A State-owned
28 or State-related university may not schedule an event which will
29 take place after 6:00 p.m. on the day of a major political party
30 precinct caucus unless permission to do so has been received
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1 from the Department of Education.
2 (d) Use of public school buildings.--No school official may
3 deny the use of a public school building for the holding of a
4 major political party precinct caucus if the school office has
5 received a written request for the use of the school building 30
6 days or more prior to the date of the caucus.
7 (e) Limits on public school events.--No public elementary or
8 secondary school may hold a school-sponsored event after 6:00
9 p.m. on the day of a major political party precinct caucus.
10 (f) Limits on Commonwealth public meetings.--No Commonwealth
11 agency, board, commission, department or committee shall conduct
12 a public meeting after 6:00 p.m. on the day of a major political
13 party precinct caucus.
14 Section 911-A. Use of public facilities.
15 Every political subdivision of the Commonwealth, including
16 State-owned or State-related universities, shall make their
17 facilities available for the holding of precinct caucuses and
18 congressional district conventions required by this article. A
19 charge for the use of the facilities may be imposed in an amount
20 that does not exceed the lowest amount charged to any public or
21 private group.
22 Section 912-A. Information; results.
23 (a) Information.--The Secretary of State may sponsor or
24 participate in activities designed to provide public information
25 related to the precinct caucuses and to promote participation in
26 the caucus process.
27 (b) Reporting caucus results.--The Secretary of State shall
28 promptly report to the public the results of preference
29 balloting at the precinct caucuses.
30 Section 2. The addition of Article IX-A of the act shall
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1 apply to the next presidential election to be held at least one
2 year after the effective date of this section.
3 Section 3. This act shall take effect in 60 days.
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