Amendment vs bill House Amendment A06002 vs Printer's No. PN0997

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PRINTER'S NO.
H0976B2157A06002 MSP:EJH 10/16/24 #90 A06002 AMENDMENTS TO HOUSE BILL NO.
997 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
976 Sponsor:
976 2023 INTROZZI, SAPPEY, SMITH AND SOLOMON, APRIL 24, 2023 NELSON, REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 24, 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;
REPRESENTATIVE SOLOMON Printer's No.
creating imposing duties upon the Secretary of the Commonwealth, courts, county boards of elections, county commissioners;
2157 Amend Bill, page 1, lines 1 through 32;
page 2, line 1;
by striking out all of said lines on said pages and inserting 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, in preparation for and conduct of primaries and elections, further providing for manner of applying to vote, made in district register, numbered lists of voters and to be challenges.
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:
in voting by qualified absentee electors, further providing for applications for official absentee ballots;
Section 1.
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.
Amend Bill, page 2, lines 4 through 30;
pages 3 through 9, lines 1 through 30;
page 10, lines 1 through 12;
by striking out 2024/90MSP/HB0976A06002 - 1 - all of said lines on said pages and inserting Section 1.
* * * (z.7) The words "unenrolled elector" shall mean a person who is registered to vote within an election district but not enrolled as a member of a political party.
* * * (z.7) The words "unenrolled elector" shall mean a person who is registered to vote within an election district having selected "none" or "no affiliation" in regard to a political party on their Pennsylvania voter registration application.
(b) Unenrolled electors shall be permitted to vote in primary elections in accordance with the procedures specified in section 902.1.
(b) Unenrolled electors shall be permitted to vote in primary elections for the nomination for candidates for public office in accordance with the procedures specified in sections 902.1, 1231, 1302 and 1302-D.
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.
Only Enrolled Electors to [Vote at Primaries or] Hold Party Offices or Vote for Party Office.--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 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.
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 President of the United States, 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 and unenrolled elector under section 902.1 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.
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 shall have the opportunity at the Spring primary in such years to vote his preference for one person to be the candidate 2024/90MSP/HB0976A06002 - 2 - of his political party for President.] act.
In a primary election conducted in this Commonwealth, all unenrolled electors shall have the opportunity to vote in accordance with the procedures provided under section 902.1.
The unenrolled elector's certificate shall be a form prescribed by the Secretary of the Commonwealth.
The unenrolled elector shall not sign the voter's certificate until the elections officer has recorded the unenrolled elector's desired political party on the certificate.
Section 1210(d) of the act is amended to read:
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 of [his] the qualified elector's identity or continued residence in the election district:
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, shall be entitled or permitted to vote at any primary or election at any polling place outside the election district in which he resides, nor shall he be permitted to vote in the election district in which he resides, unless he has been personally registered as an elector and his 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 identity, as to his 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 shall produce at least one qualified elector of the election district as a witness, who shall make affidavit of his 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:
Provided, however, That no person shall be entitled to vote as a member of a party at any primary, unless he is:
or (2) an unenrolled elector, in which case the person may vote for the candidates of the party of the unenrolled elector's choice in accordance with the procedures specified in section 902.1.
or (2) an unenrolled elector, in which case the person may vote for the candidates of the party of the unenrolled elector's 2024/90MSP/HB0976A06002 - 3 - choice in accordance with the procedures provided under section 902.1.
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.
The unenrolled elector's choice of party at one primary election shall not preclude the unenrolled elector from choosing a different party in a subsequent primary election.
* * * Section 5.
* * * Section 1302.
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 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.
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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.
* * * (b) Content.--The following shall apply:
(1) The qualified elector's application shall contain the following information:
(i) Date of birth.
(ii) Length of time a resident of voting district.
(iii) Voting district, if known.
(iv) Party choice in case of primary.
2024/90MSP/HB0976A06002 - 4 - (v) Name.
(2) A qualified elector shall, in addition, specify the address to which the ballot is to be sent, the relationship where necessary and other information as may be determined by the Secretary of the Commonwealth.
(3) When an application is received by the Secretary of the Commonwealth it shall be forwarded to the proper county board of election.
(4) 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.
* * * Section 1404.
Computation of Returns by County Board;
Certification;
Issuance of Certificates of Election.-- * * * (b) It shall be the duty of each board of registration commissioners in each county, before the time fixed for the county board to convene for purpose of computing and canvassing returns of any primary or election, to certify to said county board the total registration of each election district within its jurisdiction, and the enrollment of each district by political parties at primaries.
The county board, before computing the votes cast in any election district, shall compare said registration and enrollment figures with the certificates returned by the election officers showing the number of persons who voted in each district or the number of ballots cast.
If, upon consideration by said return board of the returns before it from any election district and the certificates aforesaid, it shall appear that the total vote returned for any candidate or candidates for the same office or nomination or on any question exceeds the number of registered or enrolled electors in said election district or exceeds the total number of persons who voted in said election district or the total number of ballots cast therein, [or, if it shall appear that the total number of partisan votes returned for any candidate or candidates for the same office or nomination at any primary exceeds the number of electors registered or enrolled in said district as members of that political party, or exceeds the total number of persons belonging to that party who voted in said district or the total number of ballots of that party cast therein, in any such case,] such excess shall be deemed a discrepancy and palpable error, and shall be investigated by the return board, and no votes shall be recorded from such district until such investigation shall be had, and such excess shall authorize--(a) the summoning of the election officers, overseers, machine inspectors, and clerks to appear forthwith with any election papers in their possession;
(b) the production of the ballot box before the return board, and the examination and scrutiny of all of its contents, and all of the registration and election documents 2024/90MSP/HB0976A06002 - 5 - whatever, relating to said district, in the presence of representatives of each party and candidate interested who are attending the canvass of such votes;
and the recount of the ballots contained in said ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the return board;
(c) the correction of the returns in accordance with the result of said recount;
(d) in the discretion of the return board, the exclusion of the poll of that district, either as to all offices, candidates, questions, and parties, or as to any particular offices, candidates, questions, or parties as to which said excess exists, if the ballot box be found to contain more ballots than there are electors registered or enrolled in said election district, or more ballots of one party than there are electors registered or enrolled in said district as members of that party, or more ballots than the number of voters who voted at said election, or more ballots of one party than the number of voters of that party who voted at said election;
(e) a report of the facts of the case to the district attorney where such action appears to be warranted.
* * * Section 1824.
Election Officers Refusing to Permit Elector to Vote in Proper Party at Primaries.--Any judge, inspector or clerk of election who refuses to permit an elector at any primary at which ballots are used to receive the ballot of the party with which he is [enrolled] entitled to vote, or who gives to any such elector the ballot of any party in which he is not [enrolled] entitled to vote, or any judge, or inspector of election, or machine inspector who, at any primary at which voting machines are used, adjusts any voting machine about to be used by an elector so as not to permit him to vote for the candidates of the party in which he is [enrolled] entitled to vote, or so as to permit him to vote for the candidates of any party in which he is not [enrolled] entitled to vote, shall be guilty of a misdemeanor of the first degree, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding ten thousand ($10,000) dollars, or to undergo an imprisonment of not more than five (5) years, or both, in the discretion of the court.
Section 5.
Section 1834 of the act is repealed:
[Section 1834.
Elector Voting Ballot of Wrong Party at Primary.--Any elector who shall wilfully vote at any primary the ballot of a party in which he is not enrolled, in violation of the provisions of this act, shall be guilty of a misdemeanor of the second degree, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five thousand ($5,000) dollars, or to undergo an imprisonment of not more than two (2) years, or both, in the discretion of the court.] Section 6.
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