SB 400 — 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; 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.

Bill Text

• Printer's No. PN0651 View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill allows unenrolled electors to vote in primary elections and defines their status.

• Section 102

  (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" or "independent" in regard to a political party on their Pennsylvania voter registration application.

  Defines 'unenrolled elector' as a voter with no political party affiliation.

• Section 702

  [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]

  Removes the restriction preventing unenrolled electors from voting in party primaries.

• Section 802

  [vote at any primary of such party or to]

  Clarifies that only enrolled electors can hold party offices.

• Section 902

  [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 shall have the opportunity at the Spring primary in such years to vote his preference for one person to be the candidate of his political party for President.]

  Removes outdated provisions regarding presidential primaries.

• Section 902

  In a primary election conducted in this Commonwealth, all unenrolled electors shall have the opportunity to vote in accordance with the procedures set forth in section 902.1.

  States that unenrolled electors can vote in primary elections per new procedures.

• Section 902.1. Procedure for Unenrolled Electors to Cast Primary Ballots.--(a) Upon confirming an unenrolled elector's status as a registered elector, the elections officer shall ask the unenrolled elector in which political party's primary the unenrolled elector desires to vote, and the elections officer upon reply shall record the unenrolled elector's selection upon the unenrolled elector's certificate and for the purpose of that ballot only shall be deemed enrolled in that party.

  Establishes a new section detailing how unenrolled electors can vote in primaries.

• Section 1210(d)

  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] 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] 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: → (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 set forth in section 902.1. 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.

  Allows unenrolled electors to vote in party primaries without being permanently associated with a party.

Action History

1. April 26, 2023

   Referred to State Government

Sponsors

• Daniel Laughlin · Primary
• Lisa M. Boscola · Cosponsor
• Maria Collett · Cosponsor
• John Disanto · Cosponsor
• Art Haywood · Cosponsor
• Tracy Pennycuick · Cosponsor
• Amanda M. Cappelletti · Cosponsor
• Carolyn T. Comitta · Cosponsor
• Jay Costa · Cosponsor
• Camera Bartolotta · Cosponsor
• Sharif Street · Cosponsor
• Jarrett Coleman · Cosponsor
• Judith L. Schwank · Cosponsor
• Timothy P. Kearney · Cosponsor
• Patrick J. Stefano · Cosponsor
• Steven J. Santarsiero · Cosponsor

Subjects