Bill Summary – FastDemocracy

PRIOR PRINTER'S NO. 1000                       PRINTER'S NO.   2158
                  THE GENERAL ASSEMBLY OF PENNSYLVANIA
                      HOUSE BILL
                      No. 979
                                             Session of
                                               2023
     INTRODUCED BY SOLOMON, RABB, SAPPEY, MADDEN, ZABEL, HADDOCK,
        VENKAT, GUENST, HILL-EVANS, SCHWEYER, KHAN, FLEMING,
        ISAACSON, McNEILL, GAYDOS, FRANKEL, CERRATO AND FRIEL,
        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;
    imposing penalties for violation of the act, and codifying,
    revising and consolidating the laws relating thereto; and
    repealing certain acts and parts of acts relating to
    elections," 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.; 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.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 102 of the act of June 3, 1937 (P.L.1333,
 No.320), known as the Pennsylvania Election Code, is amended by
 adding a definition to read:
    Section 102.     Definitions.--The following words, when used in
 this act, shall have the following meanings, unless otherwise
 clearly apparent from the context:
    * * *
    (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.
    Section 2.    Sections 702, 802 and 902 of the act are amended
 to read:
    Section 702.     Qualifications of Electors at Primaries.--(a)
 The qualifications of electors entitled to vote at primaries
 shall be the same as the qualifications of electors entitled to
 vote at elections within the election district where the primary
 is held[, 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].
    (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 and 1231, 1231, 1302 AND 1302-D.                                <--
    Section 802.     Only Enrolled Electors to [Vote at Primaries
 or] Hold Party Offices OR VOTE FOR PARTY OFFICE.--No person who       <--
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 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.
    Section 902.   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 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.] 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.
    Section 3.   The act is amended by adding a section to read:
    Section 902.1.   Procedure for Unenrolled Electors to Cast
 Primary Ballots.--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
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 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. 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 4.   Section 1210(d) of the act is amended to read:     <--
    SECTION 4.   SECTIONS 1210(D), 1302(B) AND (B.1), 1302-D(B),    <--
 1404(B) AND 1824 OF THE ACT ARE AMENDED TO READ:
    Section 1210.   Manner of Applying to Vote; Persons Entitled
 to Vote; Voter's Certificates; Entries to Be Made in District
 Register; Numbered Lists of Voters; 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
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 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 is:
       (1)   registered and enrolled as a member of such party upon
 the district register, which enrollment shall be conclusive as
 to [his] party membership and shall not be subject to challenge
 on the day of the primary[.]; 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 provided under 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.
       * * *
       Section 5.   This act shall take effect in 60 days.              <--
       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
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 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.
 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
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    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.
                (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
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 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
 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
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 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, SHAL