HB 976 — An Act amending the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, in preliminary provisions, further providing for definitions; 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 providing for procedure for unenrolled electors to cast primary ballots; 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; in voting by qualified absentee electors, further providing for applications for official absentee ballots; in voting by qualified mail-in electors, further providing for applications for official mail-in ballots; in returns of primaries and elections, further providing for computation of returns by county board, certification and issuance of certificates of election; and, in penalties, further providing for election officers refusing to permit elector to vote in proper party at primaries and repealing provisions relating to elector voting ballot of wrong party at primary.

PRIOR PRINTER'S NO.

997 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

9762157 2023THE INTROZZI,GENERAL SAPPEY,ASSEMBLY SMITHOF ANDPENNSYLVANIA SOLOMON,HOUSE APRILBILL 24,Session 2023 NELSON, REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 24, 2023 AN ACT Amending the act of JuneNo. 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;

creating976 imposing2023 dutiesINTRODUCED uponBY theM. Secretary of the Commonwealth, courts, county boards of elections, county commissioners;

BROWN, FLICK, GUENST, HANBIDGE, N.

NELSON, ROZZI, SAPPEY, SMITH, SOLOMON, GAYDOS, FRIEL AND BOROWSKI, APRIL 24, 2023 AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 17, 2023 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;

and repealing certain acts and parts of acts relating to elections," in preliminary provisions, further providing for definitions;for qualifications of electors at primaries;

in qualificationspartyroviding oforganization, electors, further providing for qualificationsonly ofenrolled electors to vote at primaries;primaries or hold party offices;

in party organization, further providing for only enrolled electors to vote at primaries or hold party offices;

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 tochallenges.; be challenges.

IN VOTING BY QUALIFIED ABSENTEE ELECTORS, <-- FURTHER PROVIDING FOR APPLICATIONS FOR OFFICIAL ABSENTEE BALLOTS;

IN VOTING BY QUALIFIED MAIL-IN ELECTORS, FURTHER PROVIDING FOR APPLICATIONS FOR OFFICIAL MAIL-IN BALLOTS;

IN RETURNS OF PRIMARIES AND ELECTIONS, FURTHER PROVIDING FOR COMPUTATION OF RETURNS BY COUNTY BOARD, CERTIFICATION AND ISSUANCE OF CERTIFICATES OF ELECTION;

AND, IN PENALTIES, FURTHER PROVIDING FOR ELECTION OFFICERS REFUSING TO PERMIT ELECTOR TO VOTE IN PROPER PARTY AT PRIMARIES AND REPEALING PROVISIONS RELATING TO ELECTOR VOTING BALLOT OF WRONG PARTY AT PRIMARY.

(b) Unenrolled electors shall be permitted to vote in primary elections FOR THE NOMINATIONS FOR CANDIDATES FOR PUBLIC <-- OFFICE in accordance with the procedures specified in section 902.1.902.1, 1231, 1302 AND 1302-D.

<-- Section 802.

Only Enrolled Electors to [Vote at Primaries or] Hold Party Offices.--NoOffices OR VOTE FOR PARTY OFFICE.--No person who <-- is not registered and enrolled as a member of a political party 20230HB0976PN2157 - 2 - shall be entitled to [vote at any primary of such party or to] be elected or serve as OR VOTE FOR a party officer, or a member <-- or officer of any party committee, or delegate or alternate delegate to any party convention.

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 20230HB0976PN0997 - 2 - 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.

THE <-- 20230HB0976PN2157 - 3 - UNENROLLED ELECTOR'S CERTIFICATE SHALL BE A FORM PRESCRIBED BY THE SECRETARY OF THE COMMONWEALTH.

<-- SECTION 4.

SECTIONS 1210(D), 1302(B) AND (B.1), 1302-D(B), <-- 1404(B) AND 1824 OF THE ACT ARE AMENDED TO READ:

Challenges.--* * * (d) 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, 20230HB0976PN0997 - 3 - shall be entitled or permitted to vote at any primary or election at any polling place outside the election district in which [he] the qualified elector resides, nor shall [he] the qualified elector be permitted to vote in the election district in which [he] the qualified elector resides, unless [he] the qualified elector has been personally registered as an elector and [his] the qualified elector'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 qualified elector's identity, as to [his] the qualified elector's continued residence in the election district or as to any alleged violation of the provisions of section 1210 of this act, and if challenged as to identity or residence, [he] the qualified elector shall produce at least one qualified elector of the election district as a witness, who shall make affidavit 20230HB0976PN2157 - 4 - of [his] the qualified elector's identity or continued residence in the election district:

The unenrolled elector's choice of party at one primary 20230HB0976PN0997 - 4 - election shall not preclude the unenrolled elector from choosing a different party in a subsequent primary election.

20230HB0976PN0997<-- -SECTION 51302. -

APPLICATIONS FOR OFFICIAL ABSENTEE BALLOTS.--* <-- * * * (B) AN APPLICATION FOR A QUALIFIED ELECTOR UNDER SUBSECTION (A) SHALL CONTAIN THE FOLLOWING INFORMATION:

HOME RESIDENCE AT THE TIME OF ENTRANCE INTO ACTUAL MILITARY SERVICE OR FEDERAL EMPLOYMENT, LENGTH OF TIME A CITIZEN, LENGTH OF RESIDENCE IN PENNSYLVANIA, DATE OF BIRTH, LENGTH OF TIME A RESIDENT OF VOTING DISTRICT, VOTING DISTRICT IF KNOWN, PARTY CHOICE IN CASE OF PRIMARY, NAME AND, FOR A MILITARY ELECTOR, HIS STATESIDE MILITARY ADDRESS, FPO OR APO NUMBER AND SERIAL NUMBER.

ANY ELECTOR OTHER THAN A MILITARY ELECTOR SHALL IN ADDITION SPECIFY THE NATURE OF HIS EMPLOYMENT, THE ADDRESS TO WHICH BALLOT IS TO BE SENT, RELATIONSHIP WHERE NECESSARY, AND SUCH OTHER INFORMATION AS MAY BE DETERMINED AND PRESCRIBED BY THE SECRETARY 20230HB0976PN2157 - 5 - OF THE COMMONWEALTH.

UNENROLLED ELECTORS WHO WISH TO VOTE IN A PRIMARY SHALL SPECIFY WHICH POLITICAL PARTY'S BALLOT THEY ARE SEEKING.

UPON CONFIRMING AN UNENROLLED ELECTOR'S STATUS AS A REGISTERED ELECTOR, THE COUNTY BOARD SHALL RECORD AND PROCESS THE APPLICATION ACCORDINGLY.

WHEN SUCH APPLICATION IS RECEIVED BY THE SECRETARY OF THE COMMONWEALTH IT SHALL BE FORWARDED TO THE PROPER COUNTY BOARD OF ELECTION.

(B.1) AN APPLICATION FOR A QUALIFIED ELECTOR OTHER THAN UNDER SUBSECTION (A) SHALL CONTAIN THE FOLLOWING INFORMATION:

DATE OF BIRTH, LENGTH OF TIME A RESIDENT OF VOTING DISTRICT, VOTING DISTRICT IF KNOWN, PARTY CHOICE IN CASE OF PRIMARY AND NAME.

THE ELECTOR SHALL IN ADDITION SPECIFY THE NATURE OF HIS OR HER EMPLOYMENT, THE ADDRESS TO WHICH BALLOT IS TO BE SENT, RELATIONSHIP WHERE NECESSARY, AND OTHER INFORMATION AS MAY BE DETERMINED AND PRESCRIBED BY THE SECRETARY OF THE COMMONWEALTH.

UNENROLLED ELECTORS WHO WISH TO VOTE IN A PRIMARY SHALL SPECIFY WHICH POLITICAL PARTY'S BALLOT THEY ARE SEEKING.

UPON CONFIRMING AN UNENROLLED ELECTOR'S STATUS AS A REGISTERED ELECTOR, THE COUNTY BOARD SHALL RECORD AND PROCESS THE APPLICATION ACCORDINGLY.

WHEN THE APPLICATION IS RECEIVED BY THE SECRETARY OF THE COMMONWEALTH IT SHALL BE FORWARDED TO THE PROPER COUNTY BOARD OF ELECTION.

* * * SECTION 1302-D.

APPLICATIONS FOR OFFICIAL MAIL-IN BALLOTS.